Useful Links
News-English
News-Chinese
Human Rights
US Government
International NGO
US-Sino Organizations
Religious/Spiritual
Labor
Minority Nationalities
Tibet
Uyghur
Law Reform
Media Studies
Legal Resources
Academic
Thinktank
|
|
|
|
Human Rights and Rule of Law - News and
Analysis
Statement of the Chairman and Cochairman on Political Imprisonment in China Today
August 19, 2010
Recent trials of Webmasters, professors, writers, lawyers, and even a geologist in China who is a U.S. citizen have heightened concern that the Chinese government increasingly is using detention and imprisonment to stifle dissent or to advance government objectives, at the expense of human rights. For example, in July, Dr. Xue Feng, an American geologist, was sentenced to eight years in prison for helping a U.S. company purchase commercial information on oil wells in China. Gheyret Niyaz, a Uyghur journalist and the editor of a popular Web site was sentenced to 15 years in prison for apparently giving an interview to the foreign media after the July 2009 demonstrations and riots in Xinjiang and for essays critical of some Chinese government policies in Xinjiang. In addition, Nijat Azat, Dilshat Perhat, and Nureli, have been sentenced to prison in connection to their roles as administrators of three popular Uyghur Web sites.
The threat of political imprisonment affects the work of people and organizations who are engaged in human rights advocacy or who are involved in commercial activity in China, including U.S. citizens. The chilling effects of political imprisonment result in lost opportunities for the Chinese government to make progress on and for Chinese citizens to enjoy the development of human rights and the rule of law.
We note in particular two alarming trends. First, the Internet appears to have spawned a new class of political prisoners in China. Chinese citizens are going to jail for posting essays online critical of the government or for trying to organize political opposition online. Many citizens who criticize the government on blogs and comment boards go unpunished!at most their comment is deleted. But individuals with a track record of human rights advocacy, political activism, grass roots organizing or opposition to the Communist Party are being targeted systematically. The most common charges against these citizens are the crime of subversion, which carries a sentence of up to life imprisonment, and inciting subversion, which carries a sentence of up to 15 years. Individuals are imprisoned on these charges for doing nothing more than criticizing the Communist Party, without any advocacy of violence.
The second trend is the government's harsh crackdown on lawyers and human rights defenders. Over the last two years, several lawyers who represent human rights advocates!including house church members, HIV/AIDS activists, Falun Gong practitioners, and Tibetan and Uyghurs!have been harassed and abused by the government because of their clients and the causes they represent.
Among the most outrageous and cruel examples of abuse by the government is the disappearance of Gao Zhisheng. One of China's greatest human rights lawyers, Mr. Gao endured jail and torture because of his fearless advocacy and commitment to speak the truth as he knew it. Last year, he was then abducted from his home by security agents after his wife and two children left China to seek asylum in the United States.
We now know that for more than a year, security agents moved him from one place to another, and subjected him to psychological and physical abuse. After this Commission and the international community pressed his case, Mr. Gao mysteriously reappeared for two weeks this past Spring. He gave a few interviews, and then security agents abducted him again. His forced "disappearance" by the state reveals a complete disregard for individual rights and the rule of law.
Mr. Gao's photograph and a detailed record of his case can be found in the Commission's newly enhanced political prisoner database. At this time, the Commission's Political Prisoner Database contains about 5,500 records of political prisoners in China. The Commission believes that to promote the rule of law in China, it is vital to publicize and seek the release of these people. It was international pressure that played a critical role in securing the freedom of Nelson Mandela, Lech Walesa, Kim Daejong, and many others who helped lead their countries to greater social justice. Today's imprisoned dissidents are the leading figures of tomorrow's societies built on greater respect for fundamental rights.
China has experienced success on many fronts, including health and education, and the Chinese people justifiably are proud of their successes. But the Chinese government now must lead in protecting the human rights of its people and the integrity of its legal and political institutions with no less skill and commitment than it displayed in opening the doors that allowed the industriousness and entrepreneurial spirit of the Chinese people to lift millions out of poverty. Most importantly, it must open the bars of its jail cells and free its political prisoners, among whom are some of the country's most brilliant and socially-committed citizens, including Liu Xiaobo, Hu Jia, Chen Guangcheng, and many others named in this Commission¨s newly-enhanced Political Prisoner Database and in its Annual Reports.
| Source: -See Summary (2010-08-19 ) |
Posted on: 2010-08-19 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=146309 |
Xinjiang Court Imposes Prison Sentences on Uyghur Journalist and Webmasters
August 7, 2010
A court in the far western region of Xinjiang sentenced a journalist and three Web site administrators to prison sentences in July for endangering state security. Gheyret Niyaz, a Uyghur journalist and Web editor, received a 15-year prison sentence. Prosecutors at trial cited essays he wrote addressing economic and social problems affecting Uyghurs; sources also connected the case to interviews he gave to foreign media after demonstrations and rioting in Xinjiang in July 2009. In separate cases, Web site administrators Nijat Azat, Dilshat Perhat, and Nureli received sentences of 10, 5, and 3 years, respectively, on the same charges, in reported connection to articles posted on their Web sites describing hardships in Xinjiang and announcements on one of the Web sites calling for the demonstration in Urumqi in July 2009. Other Uyghur journalists, writers, and Web site workers from Xinjiang remain in prison or in detention for exercising their right to free expression, including people whose cases also are connected to the July 2009 events.
Urumqi Court Sentences Journalist Gheyret Niyaz
The Urumqi Intermediate People's Court in the Xinjiang Uyghur Autonomous Region (XUAR) sentenced Uyghur journalist and Web site editor Gheyret Niyaz to 15 years' imprisonment on July 23, 2010, for endangering state security, according to a July 23 Associated Press (AP) article (via Washington Post), July 23 posting on the Web site Uyghur Online, and July 22 Radio Free Asia (RFA) article. China's Criminal Law (Articles 102-113) defines several different crimes of endangering state security (also translated as "endangering national security"), and a July 30 open letter signed by Chinese scholars and writers calling for Gheyret Niyaz's release (via Chinese Human Rights Defenders and Boxun, July 30) reported that the charge was "leaking state secrets," a crime under Article 111 of the Criminal Law.
As described in the RFA report, sources close to Gheyret Niyaz connected his case to interviews he gave to overseas media following demonstrations and rioting in Urumqi in July 2009. One source reported that police told Gheyret Niyaz that he gave "too many interviews" to foreign media, according to RFA. In court, prosecutors cited essays that Gheyret Niyaz had written and published on the Internet before the July events that addressed economic and social problems affecting Uyghurs, Ilham Tohti, a friend of Gheyret Niyaz's, said in the AP article. Gheyret Niyaz told authorities in court that he authored the essays and accepted interviews from foreign media but argued that these did not violate Chinese law, according to an account of the trial by Gheyret Niyaz's wife as related in the AP article. Article 35 of China's Constitution guarantees freedom of speech and of the press. Article 41 guarantees Chinese citizens the right to criticize their government.
Authorities reportedly prevented Gheyret Niyaz from being represented by the lawyer chosen by his family, according to July 23 reports from Amnesty International and the Uyghur American Association. According to July 20 articles (1, 2) from RFA, Ilham Tohti reported that Gheyret Niyaz's wife was told by authorities she could have Ilham Tohti hire a lawyer for the family. After he found a lawyer in Beijing to take the case, however, Gheyret Niyaz's wife said the family could not use a Beijing lawyer, and that they now had a lawyer from the XUAR, whom she did not know, according to the articles.
As reported in the Congressional-Executive Commission on China Political Prisoner Database, Gheyret Niyaz was originally taken away from his house on October 1, 2009, and his family was told on October 4 that he was under suspicion for endangering state security. Gheyret Niyaz had worked as an editor and manager for Uyghur Online, which had been accused of contributing to unrest in July 2009. Gheyret Niyaz also had been a journalist for the Xinjiang Economic Daily and Xinjiang Legal Daily. He was last known to be held at the Tianshan district PSB detention center in Urumqi. Gheyret Niyaz's conviction for endangering state security (ESS) comes as ESS trials in the XUAR have spiked in recent years.
Articles apparently connected to Gheyret Niyaz's case include an interview published in the August 2, 2009, edition of the Hong Kong-based Asia Weekly that criticizes some aspects of government policy in the XUAR but also reiterates some Chinese government positions toward the region. In the interview, Gheyret Niyaz said that he notified contacts in the government in advance of the demonstration planned for July 5, 2009, anticipating that unrest would break out and urging authorities to take precautions. He also discussed in the interview two policies in the XUAR that he said prompted dissatisfaction among Uyghurs. He stressed that Mandarin-focused bilingual education policies resulted in widespread lay-offs of teachers and emphasized that programs to transfer Uyghur women to jobs in the interior of China have fueled discontent among Uyghur communities that feared the programs would result in prostitution and intermarriage.
In the interview, Gheyret Niyaz also said that Uyghurs have no historical basis for seeking independence and argued that then-Party Secretary Wang Lequan had placed too much emphasis on the issue of separatism in the region. He blamed events in July 2009 on the international Islamic political movement Hizb ut-Tahrir. Authorities in China have described Hizb ut-Tahrir as a threat to the region and official media specifically blamed another instance of protest in the region on the organization. Authorities have described the July 5 events as violent criminal activity organized by overseas "forces" and also have cast blame specifically on U.S.-based Uyghur rights advocate Rebiya Kadeer and the World Uyghur Congress. (For more articles by Gheyret Niyaz, see, e.g., an essay published July 29 in the Singapore United Morning News and a Web site identified as his blog.)
Urumqi Court Sentences Webmasters Nijat Azat, Dilshat Perhat, and Nureli
Around the same time as Gheyret Niyaz's trial, the Urumqi Intermediate People's Court sentenced three Web site administrators to multi-year prison terms also for endangering state security (ESS), according to July 28 reports from RFA (English, Uyghur) and a July 29 press release from the Uyghur American Association (UAA), based on information from a brother of one of the Web administrators. As in the case of Gheyret Niyaz, the specific ESS charges applied to their cases are not known. According to Dilmurat Perhat, cited in the articles, his brother Dilshat Perhat, Web administrator and owner of the Web site Diyarim, received a 5-year sentence, Shabnam Web administrator Nijat Azat received a 10-year sentence, and Salkin Web administrator Nureli received a 3-year sentence. The trials, which were closed to the public, were thought to take place on July 23 or 24, according to the UAA report. Family members received notice of the trials one day in advance, according to the RFA Uyghur article.
Authorities had blamed some Uyghur Web sites for contributing to unrest in Urumqi on July 5, according to the UAA press release and RFA Uyghur report, and the Web sites affiliated with the cases, now shut down, had contained announcements calling for a peaceful demonstration in Urumqi on July 5, according to the UAA report. In July 2009, XUAR government Chairperson Nur Bekri mentioned Uyghur Online and Diyarim among Web sites he said "stirred up propaganda" and "spread rumors" on July 5. (See, e.g., a July 9 Associated Press article, via the Guardian, and clip of Nur Bekri's speech on YouTube.) A July 30 article from the New York Times reported that relatives and friends close to the cases connected them to the three Web site administrators' "failing to quickly delete content that openly discussed the difficulties of life in Xinjiang and, in one case, for allowing users to post messages announcing the protests last summer that turned violent." Dilmurat Perhat said his brother had erased announcements on his Web site's message board and notified police, according to the UAA press release and NY Times article.
Chinese laws and regulations place a legal burden on Internet companies to monitor content on the Web and censor information deemed unacceptable by the government. The 2000 Measures for the Administration of Internet Information Services prohibit providers of Internet information services from disseminating content that falls into any one of a number of vaguely worded categories, including information "harming the honor or the interests of the nation," "spreading rumors," or "disrupting national policies on religion" (Article 15). The Chinese government's regulation of the Internet and other electronic communications violates international standards for free expression. See related CECC analyses (1, 2) for more information.
As reported in the CECC Political Prisoner Database, unidentified men in Urumqi took Dilshat Perhat from his home on August 7, 2009. Authorities had previously interrogated Dilshat Perhat from July 24 until August 2 in connection to the demonstration and violence in Urumqi on July 5. Other people involved with Uyghur Web sites!including Nureli, Selkin administrator Muhemmet, Diyarim worker Obulqasim, and Diyarim contributors Xeyrinisa, Xalnur, and Erkin!also were reportedly detained during the same periods. (Three Diyarim administrators known only by the pen names "Muztagh," "L┨kchek," and "Yanchuqchi" also were taken into detention, according to a December 11, 2009, article from RFA's Uyghur service.)
Other Journalists, Writers, and Online Authors Remain in Detention
Other Uyghur journalists, writers, and online authors from the XUAR remain in detention for exercising their right to freedom of expression, as do fellow journalists and online authors elsewhere in China, including in cases connected to crimes of endangering state security. For information on cases from the XUAR, see, in addition to the cases mentioned above, records on Mehbube Ablesh, Nurmemet Yasin, and Abdulghani Memetemin in the CECC Political Prisoner Database. For cases of journalists and online authors imprisoned elsewhere in China, see, for example, the cases of Liu Xiaobo, Yang Chunlin, Tan Zuoren, and Shi Tao.
The four recent prison sentences come as authorities in the XUAR impose harsh controls over the free flow of information from the region. For more information, see a related CECC analysis and for general information on conditions in the XUAR, see Section IV!Xinjiang in the CECC 2009 Annual Report. For information on how Chinese officials use endangering state security crimes to punish free expression in violation of international human rights standards, see Subversion and Inciting Subversion in Section II!Freedom of Expression.
| Source: -See Summary (2010-07-25 / English) |
Posted on: 2010-08-19 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=144798 |
Government Appears To Crack Down on Microblogs and Blogs
August 6, 2010
An apparent government crackdown on microblogs and blogs in China reportedly began in mid-July 2010, involving service disruptions at major microblogging sites, removal of the blogs of well-known activists and lawyers, and increased monitoring of journalists' blogs. Blogs and microblogs have become increasingly popular in China, with hundreds of millions of users.
In mid-July 2010, a government-linked crackdown on the use of microblogs and blogs on the Internet in China reportedly began. Blogs are personalized Web pages on which users provide running commentary on all kinds of topics. Microblogs (weibo) allow users to post messages containing up to about 140 characters at a time and to follow the postings of other users (see the Chinese search engine Baidu's definition here), much like Twitter elsewhere. (Twitter is blocked in China, although some citizens obtain access through circumvention tools.) According to mainland Chinese, Hong Kong, and foreign media, recent actions taken against microblogs and blogs in China include: - Disruptions in the microblogging services of at least four major Chinese Web portals - Sina, Sohu, NetEase, and Tencent. Microblogging services at these sites were reportedly suspended for maintenance, or switched to testing (or beta) mode, according to a July 16 New York Times (NYT)article. A July 15 South China Morning Post article (subscription required) said that "beta version generally means that the system is still unstable and might need maintenance for some time." Microbloggers at Sina, which reportedly has 20 million users, discovered that links to foreign-based Web sites would not work, the NYT article said. Sohu's microblogging site went offline for maintenance from July 9-12, and users were unable to conduct searches or link to sites other than Sohu, NYT reported.
According to the NYT article, employees at two of the Web portals said "the latest tweaking was in response to direct pressure from Chinese Internet authorities to bolster their systems for monitoring content." A July 15 report in Shanghai's Oriental Morning Post cited unnamed industry insiders as saying the latest measures were the result of pressure from regulators. According to a July 14 Reuters article, company sources told the news agency that tightening government restrictions were the cause.
NYT reported that other employees at the companies denied any tightening of control by saying that the services had continuously undergone testing from their inception, although the NYT article said "they had no clear explanation for why they had not noted so previously." A source at Sina who refused to be named told Global Times that the reversion to testing mode had nothing to do with government pressure, according to a July 15 article.
A survey of reports on the issue found that virtually all sources refused to be named (or were not named) and that government officials could not be reached for comment, reflecting the opaque environment in which Chinese officials regulate and censor the Internet. (See also July 15 articles in Associated Press (via Washington Post) and South China Morning Post (SCMP, subscription required).)
- Requirement that the microblogging services delete posts and user accounts that touch upon sensitive political issues or pornography. The July 15 SCMP article reported on the deletion demands, quoting one insider as saying, "We believe this round of control is just a warning [to all portals]." Another SCMP article on July 17 reported that mainland microblogging sites also were asked recently to impose greater self-discipline, and that microblog searches now displayed fewer results and, in the case of sensitive topics, sometimes no results. The July 15 Associated Press article reported that dozens of blogs for prominent rights advocates and bloggers were suddenly shut down, including those of rights lawyer Pu Zhiqiang and legal expert Xu Zhiyong. The July 16 NYT article said that the rights lawyer Liu Xiaoyuan had one of his blog posts removed within five minutes.
- Targeting of journalists' microblogs. The July 17 SCMP article reported that Sina's microblog service had been ordered to verify the accounts of journalists at traditional media outlets. Verifying which accounts belong to journalists will make such microblogs easier to monitor, according to a media analyst cited in the article.
The media reports offered possible reasons for the crackdown, including increased concern over loss of control over these types of online social networking tools, possible plans by officials to subject these sites to greater regulation, and journalists' use of these tools to post information not allowed to be published in their newspapers. The reported crackdown also came shortly after the July 7 release of a report by the Chinese Academy of Social Sciences on new media that alleges that social networking sites such as Twitter and Facebook may be used for subversive purposes and exploited by Western intelligence services, according to a July 9 Global Times article and the July 17 SCMP article.
Social networking media such as blogs and microblogs have become popular in China in recent years. According to the official China Internet Network Information Center's latest report on Internet use in China, there were 231 million bloggers in China as of June 2010. According to iResearch statistics cited in the July 17 SCMP article, almost 81 million Internet users in China used microblogging services in May, an increase of almost 50 percent over March. According to the July 15 Global Times article, major domestic portals such as Sina recently launched microblogging services to fill the void left after Chinese officials blocked Twitter and Fanfou following the July 2009 demonstrations and riots in Urumqi, Xinjiang Uyghur Autonomous Region. Fanfou was a Chinese service similar to Twitter. While Chinese officials tout the prevalence of blogs as evidence that Chinese enjoy freedom of expression (see the Chinese government's June 2010 Internet white paper (Chinese, English) and accompanying CECC analysis), the extent to which the Chinese government censors online content continues to violate international human rights standards. In China, censorship of the Internet and cell phones is not limited to the removal of content such as pornography, spam, or content deemed to violate intellectual property rights, but also political and religious content the government and Communist Party deem to be politically sensitive.
For more information on Chinese government regulation of the Internet, see pp. 58-64 of the Commission's 2009 Annual Report.
| Source: -See Summary (2010-07-20 / English / Free) |
Posted on: 2010-08-19 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=144491 |
Bishop Jia Zhiguo Refuses To Join State-Controlled Church After 15 Months of Detention
August 6, 2010
Authorities in Hebei province recently released unregistered Catholic bishop Jia Zhiguo after detaining him in an unknown location for 15 months. Prior to Jia's latest detention, the Chinese government had harassed and detained him repeatedly since the early 1960s. Chinese policy requires Catholic communities in China to affiliate with the Catholic Patriotic Association (CPA), a state-controlled entity that monitors and controls Catholic doctrine, practices, property, and personnel. The Chinese government continues to deny Catholics in China the freedom to accept the authority of the Holy See to appoint bishops in China, and the government continues to harass or detain some bishops and priests who defy this policy.
Bishop Jia Released After 15 Months in Detention in Unknown Location
Authorities released 75-year-old unregistered (or "underground") bishop Jia Zhiguo of Zhengding diocese, Hebei province on July 7, 2010, after detaining him in an unknown location for 15 months (Union of Catholic Asian News, 7/08; AsiaNews, 7/08; Radio Free Asia, 7/10). Jia has refused to affiliate with the Catholic Patriotic Association (CPA)!a state-controlled entity that monitors and controls Catholic doctrine, practices, property, and personnel!and the government has harassed and detained him repeatedly over the past five decades for practicing his faith outside the supervision of the state-controlled church. Authorities have imprisoned Jia for at least 15 years and have detained him 13 times since January 2004 (Radio Free Asia, 7/10). For example, authorities detained Jia in August 2007 as he prepared to disseminate and discuss with Chinese Catholics a May 2007 letter (via the Holy See Web site) from Pope Benedict XVI that called for religious freedom for Catholics in China. The AsiaNews article reported that, during his periods of detention, authorities subjected Jia to political indoctrination sessions in order to pressure him to join the state-controlled church, but he announced to members of his congregation after his most recent release that he had not joined (AsiaNews, 7/08). Authorities have also kept Jia under surveillance when not in detention. Public security officers built a small house in front of Jia's cathedral from which to monitor him, according to an August 21, 2008, AsiaNews report.
Relations With the Holy See
The Chinese government insists on the independence of the state-controlled church, and it denies Catholics in China the freedom to accept the authority of overseas organizations, such as the Holy See; recent statements and reports from government and Party sources indicate that authorities continue to order monitoring of contact between Catholics in China and overseas organizations. For instance,various documents from local governments throughout China since late 2009 instruct local officials to monitor contact between unregistered Catholics and foreign organizations. Examples include a September 15, 2009, circular from the Communist Party Committee of Zetan township, Ruijin city, Jiangxi province (posted on the official Web site of the Ruijin city People's Government); and a January 8, 2010, circular from the Qujiang town People's Government, Fengcheng city, Jiangsu province (posted on the official Web site of the Fengcheng city People's Government.) These documents mirror recent statements from high-level officials, as well. For example, in an article from the Study Times (reprinted on January 15, 2010, on China Religion), Wang Zuo'an, Director of the State Administration for Religious Affairs (SARA), said that "by launching the anti-imperialist, patriotic movement, Catholics ... have gone down the path of independence, autonomy, and self-management, casting off control and utilization by imperialist and foreign forces."
As part of its policy of maintaining an independent Catholic church, the government does not recognize the authority of the Holy See to select bishops in China, as noted in the CECC's 2009 Annual Report (p. 116, 119-120). In some cases, however, the CPA has appointed bishops who also have approval from the Holy See. Since April 2010, the CPA has appointed seven bishops who have also received approval from the Holy See, according to a July 22, 2010, Asia News report:
- Bishop Du Jiang of Bameng diocese, Inner Mongolia Autonomous Region (IMAR) (AsiaNews, 4/08). Despite appointing Du, authorities placed him under home surveillance soon thereafter. See below for details.
- Bishop Meng Qinglu of Hohhot diocese, IMAR (Union of Catholic Asian News, 4/19)
- Bishop Shen Bin of Haimen diocese, Jiangsu province (Union of Catholic Asian News, 4/21)
- Bishop Cai Bingrui of Xiamen diocese, Fujian province (Union of Catholic Asian News, 5/10)
- Bishop Han Yingjin of Sanyuan diocese, Shaanxi province (Union of Catholic Asian News, 6/24)
- Bishop Xu Jiwei of Taizhou diocese, Zhejiang province (Washington Post, 7/14)
- Bishop Yang Xiaoting of Yan'an diocese, Shaanxi province (Union of Catholic Asian News, 7/15)
For two years prior to this series of appointments, the CPA had not ordained any bishops in China, leaving approximately 40 dioceses of the state-controlled church with octogenarian pastors or vacant seats (AsiaNews, 7/22).
Harassment and Detention of Bishops and Priests in China
While the government has tolerated the involvement of the Holy See in such cases, however, authorities continue to arbitrarily harass, detain, or otherwise interfere in the religious practices of bishops who have challenged the full authority of the state-controlled church. For example, Jia Zhiguo's most recent detention was linked to the involvement of the Holy See, according to a March 31, 2009, AsiaNews report. At the request of the Holy See, officially recognized bishop Jiang Taoran agreed to become Jia's auxiliary bishop, while Jia would become the ordinary bishop of the diocese without affiliating with the CPA. According to AsiaNews, local authorities told Jia that the "unity" between Jia and Jiang "is bad because it is desired by a foreign power like the Vatican. If there must be unity, it must come through the government and the [CPA]." Other recent examples of the government's continued interference include the following:
- Public security officials are believed to continue holding unregistered bishops Su Zhimin and Shi Enxiang in custody in unknown locations. The two bishops have been missing since 1996 and 2001, respectively.
- Authorities have kept Bishop An Shuxin of Baoding diocese, Hebei province under surveillance even after he agreed to join the CPA, according to an October 29, 2009, AsiaNews report. Authorities detained An in an unknown location from 1996 to 2006 and have kept him under surveillance since his release in 2006.
- At the October 10, 2009, funeral of Bishop Lin Xili, unregistered bishop of Wenzhou diocese, Zhejiang province, authorities forbid displays that would portray Lin as a recognized bishop. According to an October 15, 2009, AsiaNews report, authorities prohibited those in attendance from displaying a picture of Lin with a mitre and pectoral cross, clothing his body in bishop's robes, and referring to Lin as a "bishop."
- According to a January 4, 2010, AsiaNews report, authorities prevented displays of official bishop's insignia during the January 2010 funeral of unregistered bishop Yao Liang, prohibited the publication of obituaries, and only allowed three priests to attend. Yao was an octogenarian released from detention less than a year before his death, according to a January 5, 2010, New York Times report.
- In March 2010, authorities in the Mindong diocese of Fujian province detained unregistered priests Luo Wen and Liu Maochun for organizing religious camps for Catholic university students, according to reports from the Union of Catholic Asian News (3/11, 3/23). Authorities released Luo on March 18, 2010; the Commission has observed no reports that Liu has been released.
- According to an April 8, 2010, AsiaNews report, authorities placed Bishop Du Jiang of Bameng diocese in the IMAR under home confinement on the same day that the state-controlled church installed him in his office. The CPA insisted that he attend his official installation ceremony together with Ma Yinglin, an officially recognized bishop whom the government installed in 2006 without approval from the Holy See. Du stated publicly that he was forced to attend the ceremony with Ma, and authorities subsequently placed Du under home confinement.
- Public security officers in Tangshan city, Hebei province detained unregistered priest Wang Zhong on July 24, 2010, as Wang was leaving Jidong Prison after completing a three-year sentence, according to a July 28, 2010, CathNews China report. Members of Wang's family and congregation who were awaiting his release witnessed the officers put Wang into a police car as he attempted to walk out of the prison gates. In July 2007, Wang had organized a ceremony to consecrate a new church registered with the government in Hebei, according to a November 22, 2007, AsiaNews report. In November 2007, a court in Hebei sentenced him to three years in prison for organizing an illegal meeting and using an official parish seal without permission from the authorities. According to Wang's defense attorney, cited in the AsiaNews report, authorities had approved the consecration ceremony. The attorney described the seal as internal church property.
For more information on Jia Zhiguo and conditions for Catholics in China, see the CECC's Political Prisoner Database and Section II!Freedom of Religion in the CECC's 2009 Annual Report.
| Source: -See Summary (2010-07-19 ) |
Posted on: 2010-08-19 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=144428 |
New Foreign Exchange Rules May Pose Difficulties for Chinese NGOs
August 10, 2010
New rules issued last year by China's State Administration of Foreign Exchange took effect on March 1, tightening previously-issued rules concerning foreign donations to Chinese organizations. The new rules add procedures and increase the paperwork burden imposed upon Chinese organizations!including non-governmental organizations (NGOs)!wishing to receive financial contributions from overseas organizations. Five months after the rules took effect, some researchers and media reports are beginning to note, with specific examples, authorities' selective enforcement of the rules in a manner that may target groups working on issues the government deems to be "sensitive."
China's State Administration of Foreign Exchange (SAFE) issued the Notice of the State Administration of Foreign Exchange on Issues Concerning the Administration of Foreign Exchange Donated to or by Domestic Institutions on December 25, 2009, which took effect on March 1, 2010. Despite SAFE's assertion that the new rules are aimed at "facilitating the receipt and payment of donations in foreign exchange," some groups, including non-governmental organizations (NGOs), say that the new rules instead have made it nearly impossible to access their funds, placing some of them in difficult financial straits.
The SAFE circular requires all Chinese organizations seeking to receive foreign donations to present the following information: an application stating that the "donation is not against national prohibitive regulation"; a copy of the receiving organization's business license; a notarized donation agreement stating the purpose of the donation; and a certificate of registration of the overseas nonprofit organization (with Chinese translation attached).
In a June 14 Asia Catalyst posting, one expert writes that while the regulations are "not a sweeping shutdown of all NGOs," they have the effect of creating "a chill that shuts some NGOs down, allows others [sic] NGOs to survive but limits the overall growth of the sector." A May 27 Southern Weekend (Nanfang Zhoumo) article cites the head of a Beijing-based financial management company for NGOs, explaining that the financial problems experienced by some organizations were not primarily a matter of how they actually collect their funding, but rather the authorities' selective enforcement of the rules, depending on what individual groups do.
One particularly problematic element of the new SAFE rules is the requirement that the donation agreement be notarized. "Two months since the regulation came into effect, banks, notary service providers and non-profit outfits are in the dark about how to get a donation agreement 'notarized,'" a May 19 Global Times article reported. Moreover, a May 17 RFA article stated that some notaries reportedly will also require some donors to be present in China for the notarization. In the Asia Catalyst posting, one expert describes the confusion this way: "How many international donors have representatives in China, ready and able to show up at a notarization office at any time? Let alone staff poised to visit multiple notarization offices around the country, in every town where the donor funds local NGOs? Very few." An April 17 report in Deutsche Well (Chinese version) also detailed the difficulties that NGOs are facing as a result of the notarization requirement.
Recent Chinese and international media reports suggest that the Chinese government's selective enforcement of the new SAFE rules has impacted different civil society groups in different ways, and that authorities may be using the rules specifically to target groups handling work and projects that the government deems "sensitive."
- In a May 17 interview with Radio Free Asia, the founder of the Beijing-based public health advocacy group Aizhixing said that his group is on the brink of closure because of the SAFE regulations. Aizhixing was forced to terminate its services in Kunming and to reduce financial support to other groups, but the most difficult challenge remains paying rent and salaries, he said. He also stated in the April 11 issue of Asia Week (Yazhou Zhoukan) that even if all goes smoothly, getting the grant agreement notarized alone can cost several thousand U.S. dollars, and take at least three months.
- The Beijing Yirenping Center, a Beijing-based NGO dedicated to fighting discrimination against people infected with communicable diseases, has also been facing difficulties since the SAFE rules became effective. According to a May 27 Southern Weekend (Nanfang Zhoumo) article, the group relies on foreign donations for 80 percent of its funding. The center's managing partner said that his organization is on the verge of being "starved" of funds, and that this year it has had to cut back its three planned training sessions to one, and reduce its legal aid work to just providing legal consulting. On May 20, the Christian Science Monitor reported that the Center has been unable to get funding from the National Endowment for Democracy between November and May, and has been forced to stay open "by borrowing money from friends on a personal basis." The same article also mentioned that about a dozen NGOs also reported that they were unable to comply with the new requirements set forth in the SAFE rules. The Global Times quoted on May 19 the center's managing partner as saying that "more than 100,000 yuan is locked up in our foreign exchange account, and some cases have been postponed for lack of funds."
For more information on the development of civil society in China, please see Section II!Civil Society in the CECC 2009 Annual Report.
| Source: -See Summary (2010-07-19 ) |
Posted on: 2010-08-19 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=144419 |
Beijing Court Sentences American Geologist to Eight Years for State Secrets
July 30, 2010
On July 5, 2010, the Beijing No. 1 Intermediate People's Court sentenced Dr. Xue Feng, a naturalized American citizen, to eight years in prison for allegedly helping the American company he worked for purchase commercial information on oil wells in China. The court said the information was a state secret and the purchase had endangered China's national security. Officials reportedly did not declare the information a state secret until after the transaction occurred; attempted to coerce Dr. Xue into confessing to the crime by allegedly torturing him; violated China's consular agreement with the United States by delaying notification of Dr. Xue's detention and limiting access by American officials; and violated China's Criminal Procedure Law with respect to the handling of Dr. Xue's case. The case also highlights the risk for foreign companies and their employees competing or doing business with China's state-owned enterprises, which can leverage state secrets laws to protect their commercial interests.
Background
Dr. Xue is a geologist who was born in Xi'an city, Shaanxi province, according to a November 19, 2009, Associated Press (AP) article (via Huffington Post). He studied northern China rock formations at the University of Chicago, where he received his Ph.D., the article said. In 2001, a Colorado-based energy consulting firm, IHS Energy (now IHS Inc.), hired Dr. Xue to be the company's Northeast Asia manager, AP reported. In 2005, Dr. Xue allegedly helped IHS purchase from a third party a commercial database containing information on the locations and reserves of 32,115 oil wells and prospecting sites that were mostly owned by PetroChina Co., according to a July 6, 2010, Wall Street Journal (WSJ) article's (registration required) recounting of the court's findings. PetroChina's controlling shareholder is China National Petroleum Corporation (CNPC), a large state-owned enterprise (SOE) under the jurisdiction of the State-owned Assets Supervision and Administration Commission (SASAC), according to PetroChina's Web site. Dr. Xue, a naturalized American citizen, reportedly "disappeared" into official custody in Beijing on November 20, 2007, according to a July 21, 2010, op-ed in the South China Morning Post (via U.S.-Asia Law Institute) by Jerome Cohen, co-director of NYU Law School's U.S.-Asia Law Institute. On July 5, 2010, the Beijing No. 1 Intermediate People's Court sentenced Dr. Xue to eight years in prison plus a fine of 200,000 yuan (US$29,850) for purportedly trafficking state secrets, WSJ reported. (See Article 111 of China's Criminal Law.) Dr. Xue has appealed the verdict, a July 16 WSJ article reported.
Procedural Abuses
During the two-and-a-half year period that Dr. Xue was in custody before his sentencing, Chinese officials reportedly committed numerous procedural abuses. - Consular Notification and Access Violations. Under Article 35(2) of the U.S.-PRC Consular Convention of 1980 Chinese officials were supposed to notify U.S. officials "no later than" four days after "any form of detention" of a U.S. national. In Dr. Xue's case, however, Chinese officials waited three weeks before acknowledging to U.S. officials that Dr. Xue was being held by the Ministry of State Security, according to the Cohen op-ed. Furthermore, the op-ed noted that Chinese officials did not allow American officials to visit with Dr. Xue until the 32nd day of his detention. Article 35(4) of the convention states that officials shall be able to meet with their national "at the latest" two days after notification of the detention.
- Torture Allegations. Dr. Xue reportedly showed American consular officials burn marks on his arms made by investigators, according to the AP article. The op-ed said that police coerced Dr. Xue into "signing false documents," and that in May 2008 an officer injured Dr. Xue by throwing a glass ashtray at his head.
- Criminal Procedure Law Violations. The Ministry of State Security transferred Dr. Xue to the Beijing State Security Bureau detention house on February 4, 2008, and he was formally arrested on April 11, according to the op-ed. Assuming February 4 is the date Dr. Xue was formally detained, officials violated Article 69 of the Criminal Procedure Law (CPL) by not formally arresting him within the 37-day limit. Based on the op-ed, another period of more than seven months passed before state security officials forwarded the case to prosecutors sometime around December 2008. Articles 124, 126, and 127 of the CPL appear to place a seven-month limit on this period. Six months passed between December 2008 and Dr. Xue's indictment in May 2009, according to the op-ed. Articles 138 and 140 of the CPL would appear to limit this period to three-and-a-half months.
The Beijing No. 1 Intermediate People's Court held the first hearings in Dr. Xue's trial in July 2009, according to AP, meaning the court had agreed to accept the case before this date. Article 168 of the CPL says a court has up to two-and-a-half months after accepting a case to pronounce a judgment, and Article 166 allows for one-month postponements if prosecutors request supplementary investigations. Cohen said prosecutors had requested two postponements, which would have placed the outer limit between the court's accepting the case and pronouncing the judgment at four-and-a-half months. The judgment was not pronounced until July 2010. As the op-ed noted: "As winter turned to spring, [the court] ran out of legal grounds for further delays and no longer attempted explanation."
- Access to Counsel Violations. According to the op-ed, authorities denied Dr. Xue access to counsel for more than a year.
State Secrets!Impact on Rule of Law and Foreign Companies Doing Business in China
Dr. Xue's case highlights several problems with China's state secrets regime!problems that make it susceptible to abuse if Chinese officials wish to use it to protect commercial interests. - Retroactive Classification. It was only after the transaction took place that officials classified the information as a state secret, according to a July 4 Dui Hua article.
- Commercial Information as State Secret. The line between commercial information and state secrets is blurry under Chinese law. The state secrets law currently in effect provides wide latitude for officials to declare information a state secret, including "secrets in national economic and social development," "secrets concerning science and technology," and "other matters that are classified as state secrets by the state secret-guarding department." Cohen said that in Dr. Xue's case "there was no meaningful way to clarify the line between common, commercial information and state secrets." The blurring of commercial information and state secrets is especially problematic when dealing with SOEs. For example, Jiang Jiemin, General Manager of CNPC, the SOE that controls PetroChina, said in June 2010 that oil is an "important strategic asset," and that the company's work to protect its secrets bears on China's national security and social stability, according to the company's Web site. Chinese regulations make explicit that some commercial secrets of SOEs shall be considered state secrets. In March 2010, SASAC issued Interim Provisions on the Protection of Commercial Secrets of Central Enterprises, Article 3 of which requires central-level SOEs to protect "the operating information and technical information which belongs within the scope of state secrets." According to SASAC's Web site, CNPC is a central-level SOE and is thus subject to this requirement. In addition, according to an April 30 21st Century Business Herald article, since SOEs, especially central SOEs, have "a certain administrative rank," they may themselves possess the power to declare information a state secret.
Dr. Xue's case follows another case involving the Anglo-Australian mining firm Rio Tinto. In July 2009 four employees of that firm were charged with stealing state secrets shortly after Rio Tinto pulled out of a proposed $19.5 billion deal with a major state-owned firm. The charges were reduced to commercial bribery and commercial secrets infringement the following month.
- Lack of Meaningful Judicial Review. In criminal cases involving state secrets, Chinese courts do not have the power to question an agency's classification of information as a state secret, according to a 2007 Human Rights in China report on China's state secrets system. Furthermore, in cases where endangering national security is alleged, such as cases involving the charge of inciting subversion, courts make little to no assessment of the actual harm to national security. In Dr. Xue's case, the July 6 WSJ article reported that the court provided few details regarding the damage the transaction caused to China's national security.
| Source: -See Summary (2010-07-15 / English / Free) |
Posted on: 2010-08-19 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=144203 |
Authorities Bolster Ethnic Unity Campaigns, Promote Spreading Party Policy During Ethnic Minority Holidays
August 9, 2010
In recent years, the Chinese government and Communist Party have strengthened "ethnic unity" campaigns as a vehicle for promulgating Party policy on ethnic issues and for imposing state-defined interpretations of the history, relations, and current conditions of ethnic groups in China. Campaigns and official documents promoting "ethnic unity" have imposed far-reaching controls on freedom of expression in China. After central government and Party authorities issued guidance on ethnic unity in 2008 and 2009, authorities publicized a new document this July to further strengthen ethnic unity. The new document appears to intensify past measures by calling on authorities to use the "traditional holidays" of ethnic minorities to promote state ethnic unity campaigns. The recent guidance follows a major speech by President and Party General Secretary Hu Jintao in September 2009 on "promoting ethnic unity" and "realizing common progress," which he delivered in the wake of protests and riots in Tibetan areas in March 2008 and in the far western region of Xinjiang in July 2009.
One government commission and two Party offices jointly have issued a new document to further strengthen "ethnic unity" in China. The Central Propaganda Bureau, United Front Work Department, and State Ethnic Affairs Commission (SEAC) adopted the Opinion on Further Launching Activities To Establish Ethnic Unity and Progress (Opinion) on February 1, 2010, but did not appear to release the full text of the document until July 2010. (For an earlier news report about the document, without the full text, see a March 4 article on the SEAC Web site.) The document follows the release of national guidance in late 2008 and 2009 on promoting propaganda and education on ethnic policies and on ethnic unity education in schools. The Opinion also comes after a September 29, 2009, speech by President and Party General Secretary Hu Jintao that stresses "promoting ethnic unity" and "realizing common progress" among ethnic groups in China by accelerating development among ethnic minorities and in ethnic minority areas. (Xinhua, via PRC Government Web site and translation via Open Source Center, subscription only, CPP20090929119001.) The new Opinion cites the importance of implementing the spirit of Hu's speech in its preface.
The Opinion continues in the tradition of other recent guidance by connecting ethnic unity to other state aims of "upholding stability" and the "unification of the country." Following the 2008 opinion on promoting propaganda and education on ethnic policies and 2009 trial program on ethnic unity education in schools, the new Opinion also calls for strengthening "propaganda and education" on ethnic unity and integrating unity education into school curricula (Point 3(3) of the Opinion). In addition, the Opinion calls for using ethnic minorities' "traditional holidays" to promote activities to promote ethnic unity, a focus not seen in the two other recent documents and in Hu Jintao's September speech. Point 3(5) of the Opinion calls for "fully using ethnic minorities' traditional holidays and adopting many types of effective forms to launch activities on the establishment of ethnic unity and progress and to promote exchange, understanding, and unity among all ethnicities." It also calls for "enhancing the excellent traditional cultures of each ethnic group" while "strengthening the vitality and creative power of Chinese culture" [zhonghua wenhua]. Echoing a similar sentiment in Hu Jintao's September speech, Point 3(5) concludes with a call to raise a sense of cultural identification with the Chinese nation [zhonghua minzu]. In another difference from the earlier documents, the new Opinion also calls for including the establishment of activities promoting ethnic unity and progress as a major part of assessments of leading cadres' work (Point 4.1).
The Opinion also calls for "firmly handling in accordance with law" all criminal cases, regardless of the ethnic groups involved (Point 1(2)), a provision consistent with provisions in China's Constitution (Articles 4, 33) and Criminal Law (Article 4) establishing equality before the law. A July 11 article in the Hong Kong-based, PRC-owned newspaper Ta Kung Pao reports, however, that the Opinion establishes a shift from Communist Party Central Committee document Number 5, issued in 1984, that promotes "fewer arrests and death sentences" and "more leniency" in cases involving ethnic minorities. It is unclear, however, to what extent authorities have followed the document (which does not appear to be publicly available) since its reported issue in 1984. Trends in anti-crime campaigns and detentions among Uyghurs and Tibetans suggest that the document's call for "fewer arrests and death sentences" and "more leniency" in cases involving ethnic minorities has not been followed as guiding policy as applied to these groups in recent decades. (See the sections on Xinjiang and Tibet in past CECC Annual Reports for more information, as well as an analysis on endangering state security cases in the Xinjiang Uyghur Autonomous Region.)
Other goals of the Opinion include promoting economic and social development among ethnic minorities and in ethnic minority areas (Point 1(2)). The stated focus comes during the 10th anniversary year of the Great Western Development project, a development initiative directed at a number of areas in China that include large non-Han populations. Authorities have announced new plans for continuing the program in the coming decade. (See, e.g., a July 7 China Daily report.) Central government and Party authorities also convened major meetings on the Xinjiang Uyghur Autonomous Region and Tibetan areas of China to discuss initiatives there to promote development and "stability." The new Opinion also calls for establishing and commending "model" localities, organizations, and people who contribute to "undertakings on ethnic unity and progress" (Points 3(1), 3(2)). Hu Jintao gave his September speech at a meeting to commend "model" collectives and individuals for their contributions to undertakings to promote ethnic unity and progress, and localities and offices throughout China have reported on similar ceremonies during the year. (See, e.g., a November 18 article from the Henan News, via the Henan government Web site, a November 19, 2009, article from the Dalian News, and June 11, 2010, article from China Police Net.)
For more information on conditions for the 55 groups the Chinese government designates as "ethnic minorities" or "minority nationalities" [shaoshu minzu] and for more information on ethnic unity campaigns, see Section II-Ethnic Minorities in the CECC 2009 Annual Report.
| Source: -See Summary (2010-07-14 / English) |
Posted on: 2010-08-19 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=144090 |
Chinese Government Response to Strikes
August 9, 2010
Since a series of labor strikes in southern Chinese factories in May 2010, recent Chinese media reports have offered clues about the government's reaction. Media coverage of the wage increases that the strikes have spurred has been positive, but the Party appears to remain highly wary of any labor movement not under its direct control. The strikes also have highlighted the shortcomings of "collective consultation" in China, but government leaders remain intent on centralizing power in the state-run All-China Federation of Trade Unions (ACFTU) rather than devolving autonomy to grassroots labor organizations.
Official Chinese-language media coverage of a series of labor strikes in southern Chinese factories in May has been sparse in part because of tight government restrictions on reporting that authorities imposed on May 28, 2010, according to a June 12 article in the South China Morning Post. The New York Times reported on June 16 that the government is also working to censor Web sites and blog postings about the strikes. A report by the ACFTU on June 21 noted that the new desires of the younger generation of migrant workers had begun to have a "negative influence" on China's political and social stability. An editorial in the June 16 Ming Pao argued that Chinese leaders are worried that the domestic labor movement is vulnerable to manipulation by foreign unions.
Despite the government's uneasiness over the strikes,Xinhua reported on June 8 that "policymakers in Beijing have pinned hope on a steadily increasing pay for tens of thousands of migrant workers to help reorient China's economy from relying on exports towards being propelled by home consumption." Wary of appearing to encourage worker actions as a means to raise wages, the official media have focused on minimum wage increases that boost worker pay, referring to the "wave of rising wages" rather than mentioning any strikes. Examples include: - Xie Zhiqiang, a professor at the Central Party School, wrote in its official Study Times newspaper on June 30 that China's minimum wage system "plays an extremely important role" in ensuring workers earn a liveable wage, and urged governments at all levels to raise and enforce minimum wage standards.
- Xinhua wrote on June 23 that "now in some areas of China a wave of pay raises has appeared. This appeal [for higher wages] is overdue, and it is a reasonable one that should be made in step with economic globalization."
- A spokesperson for the Ministry of Commerce said at a press conference on June 12 that recent rises in minimum wages in coastal cities "are in line with the changing trends in the overall national economic and industrial policies," and that more workers should "enjoy the fruits of economic growth."
- Yu Faming, a senior official at the Ministry of Human Resources and Social Security, said that although pay hikes will bring some challenges in the near term, they will be beneficial for employment in the long term.
Despite workers' success in securing pay raises, the strikes have highlighted problems in China's centralized labor dispute and mediation system. The English-language edition of the Global Times wrote on June 2 that the Honda strikes "[underline] the embarrassing lack of a worker's union that would serve as a collective wage bargaining channel." The Economic Observer reported on June 7 that of the 13 million companies in China, more than 10 million small and medium-sized enterprises have not established a collective wage bargaining system, and that "labor disputes still cannot be resolved smoothly because there is no effective and fair negotiating mechanisms; the ability of labor unions to protect the rights of labor is limited." A June 13 Wall Street Journal article characterized negotiations between workers and management at Honda Lock Manufacturing Co. in Zhongshan as "chaotic," citing interviews with Chinese workers and Japanese managers.
In resolving the strike at a Honda supplier in the city of Foshan, both sides relied on an ad hoc team of outside advisers rather than an established negotiating mechanism. According to a June 17 Asia Weekly report, mediation by a National People's Congress representative, Zeng Qinghong, was needed to break a deadlock in negotiations, while workers were represented by Renmin University Labor Institute Director Chang Kai rather than the official union. The same report also notes that Zeng is vice chairman of the board of the Guangzhou Automobile Industry Group Co., which has joint ventures with Honda that had been affected by the strike. In a later interview with Caijing magazine, Chang said that the turning point in the negotiations was reached "in large part due to Zeng Qinghong exercising his personal prestige, and not because of any systematic method for managing the dispute."
The New York Times reported on June 10 that workers at the Zhongshan plant were demanding a more autonomous union, but recent comments from official media indicate the government intends to maintain its central position in labor relations. While official media have discussed the need for improvement in China's collective negotiation system [see above], political leaders have stressed that improvements will come by strengthening current government-led policies, rather than reforming them. For example: - A top official at the state-run ACFTU, while not referring directly to the strikes, reasserted the Party-led unions' position as the representative and protector of workers' legal rights, and their role in maintaining social stability.
- The ACFTU also put out an emergency notice on June 4 calling for increased efforts to establish Party-led unions in foreign and privately run enterprises, which employ 70-80 percent of Chinese industry workers according to Tang Jun, a researcher at the Chinese Academy of Social Sciences.
- Ding Gang, a senior editor at the People's Daily, cited an International Labor Organization study in the Global Times to argue that "a highly centralized wage system is equally helpful in enhancing competitiveness" when compared with a loose wage system.
- On June 11, a Worker's Daily editorial stated that pay raises in Zhejiang, Shanghai, Liaoning, and Jiangsu could all be attributed to the government-organized collective consultation system.
| Source: -See Summary (2010-07-14 ) |
Posted on: 2010-08-19 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=144103 |
Internet Available in Xinjiang, But Controls Over Information Remain
August 7, 2010
Authorities in the far western region of Xinjiang continue to exert tight control over freedom of expression, imposing limits on expression in a number of cases that are harsher than restrictions imposed elsewhere in China. Following demonstrations and rioting in Xinjiang in July 2009, authorities restricted access to the Internet, text messaging, and international telephone calls, claiming that they played a key role in inciting unrest. While authorities largely restored access to the technologies by May 2010, harsh restrictions on expression remain in place: popular Uyghur Web sites remain inaccessible and staff of some Uyghur Web sites remain in detention or in prison, Xinjiang residents report prohibitions against discussing the July 2009 events online, legal regulations imposing tight controls over free expression remain in force, and the Xinjiang government continues to carry out wide-scale censorship campaigns.
Following 10 months of restricted Internet access in the Xinjiang Uyghur Autonomous Region (XUAR) after demonstrations and rioting in the region in July 2009, authorities announced in May that they had fully restored Internet access in the region. (See a May 14 announcement on the restoration of Internet service via Tianshan Net.) As reported in the Congressional-Executive Commission on China 2009 Annual Report, the Communist Party Secretary of Urumqi, where the demonstrations and rioting occurred, had announced on July 7, 2009, that authorities cut Internet access in the city to "quench the riot quickly and prevent violence from spreading to other places." Authorities also instituted Internet restrictions across the region and imposed curbs on text messaging and international phone calls. The actual role the communication devices played in violent rioting (as opposed to demonstrations) was unclear, however, and the wide-reaching restrictions!affecting all Internet, SMS, and international phone content and lasting for months after the July 2009 events!exceeded permissible boundaries for limiting the right to free expression as defined in international human rights standards.
Authorities announced the incremental reopening of communications services starting in December and provided more access to text messaging and international phone calls starting in January. (See, e.g., a December 29 Xinhua article, January 18, 2010, China Daily article, and January 20 Agence France-Presse article via Channel News Asia.) Despite what authorities termed the "full restoration" of Internet access in May, a year after the July 2009 events authorities continue to impose curbs over Internet access along with broader controls over the free flow of information.
Uyghur Websites Still Closed Down, Uyghur Webmasters Detained. After initial reports that the Internet had been fully restored in the XUAR, Urumqi residents reported in a May 19 Radio Free Asia (RFA) article that Uyghur Web sites such as Diyarim, Shabnam, Salkin, and Orkhun were still shut down. CECC monitoring of the Web sites in July from Washington, DC, found the Web sites inaccessible. (Orkhun's home page is available, but the site's content is restricted.) In addition to the curbs over Uyghur Web sites, China's broader system of blocking online content deemed to be sensitive ("China's Great Firewall" or the "Great Electronic Wall of China") remains in place, as noted in a May 19, 2010, open letter to XUAR Party Secretary Zhang Chunxian from Reporters without Borders.
Authorities have detained Webmasters and staff involved in some of the shuttered Uyghur Web sites and have since sentenced some to prison terms. Authorities detained Diyarim editor Dilshat Perhat from July 24 to August 2, 2009, and unidentified men took him from his home on August 7. Other people involved with Uyghur Web sites!Selkin Web site administrator Nureli, Selkin administrator Muhemmet, Diyarim worker Obulqasim, and Diyarim contributors Xeyrinisa, Xalnur, and Erkin!also were reportedly detained during the same periods. (Three Diyarim administrators known only by the pen names "Muztagh," "L┨kchek," and "Yanchuqchi" also were taken into detention, according to a December 11, 2009, article from RFA's Uyghur service.)
In July 2010, a court in the XUAR sentenced Dilshat Perhat, Nureli, and Shabnam administrator Nijat Azat to prison terms of 5, 3, and 10 years, respectively. Some Uyghur Web sites contained postings calling people to demonstrate in Urumqi on July 5, and authorities had blamed the Web sites for contributing to unrest. The cases of the three Web administrators also are reportedly connected to other content posted on their Web sites that described hardships in the XUAR. See a related CECC analysis for more information on these cases, as well as the case of Uyghur journalist and Web editor Gheyret Niyaz, sentenced to 15 years' imprisonment on July 23, 2010, in connection to essays and interviews he gave to foreign media.
Online Discussion of July 2009 Events Reportedly Prohibited, Media Reporting Curbed. Authorities have blocked online discussion of events in July 2009, according to a June 22 RFA report. An employee from the public information and Internet supervision office of the Urumqi Public Security Bureau told RFA in an interview that online discussions of the "July 5 incident," including discussion of articles about the event published in the news, are not allowed. Another government employee cited in the article also described keyword filtering of content related to events in July 2009. In addition, the Hong Kong-based Mingpao newspaper reported on June 19 (via Yahoo) that XUAR media received a directive that month prohibiting reports connected to the July 2009 anniversary or other sensitive events such as protests in Kyrgyzstan, other than those prepared by the central government's news agency Xinhua. During the one-year anniversary, national media with government or Party affiliation, particularly those directed toward international audiences, issued reports on events in July 2009. (See, e.g., a July 4 Xinhua article in Chinese and July 5 articles from China News Service (in Chinese), Global Times, and China Daily.)
Restrictions on local media have been accompanied by reported curbs on XUAR residents' freedom to interact with foreign journalists. Authorities issued an internal circular prohibiting unauthorized interviews with foreign media during "sensitive days," according to a World Uyghur Congress spokesperson cited in a June 15 RFA article. In her written testimony for the July 19, 2010, CECC roundtable "China's Far West: Conditions in Xinjiang One Year After Demonstrations and Riots," journalist Kathleen E. McLaughlin reported being told of similar restrictions in Kashgar during the past year, where
reporting was extremely difficult because locals did not want to be interviewed. I was told there were clear directives that residents should not be speaking with foreign journalists and that all local tour guides had been issued guidelines to report journalists to the local police. This has been borne out by the experience of other journalists who have tried to work in Kashgar over the past year. It's a marked turnabout from conditions before the riots, when Kashgar was relatively open to reporters and locals [talked] with journalists without extreme fear of reprisals. That's no longer the case.
Regulations, Directive Penalize Free Speech. Regulations issued in the past year and currently in force maintain tight curbs over freedom of expression. Legislation in force throughout the XUAR and examined by the CECC in past analyses include regulations on informatization promotion, social order, and ethnic unity. In addition, the Kashgar District Public Security Bureau, Kashgar District Procuratorate, and Kashgar District Intermediate Court issued an announcement (via Kashgar district government Web site) in March for that locality that specifies penalties under China's Criminal Law for using technology such as Internet and cell phones to "incite splittism" (separatism), a crime under Article 103 of the Criminal Law. The directive defines the crime to include using technology to carry out, with the aim of splitting the country, acts including: spreading "materials, open discussion, content, and advocacy on separatism"; "inciting participation in rallies, marches, demonstrations, or the criminal activity of beating, smashing, looting, and burning'; disseminating literary works with separatist content; and "slandering and assaulting the Party and government." The announcement also describes penalties under the Criminal Law for "illegal sermonizing" and "tabligh activities" deemed to incite "ethnic hatred and bias" and for "cult"-related activities, along with using information technology to propagate terrorism.
Censorship Campaigns Continue. The XUAR government and Party also continue to enforce wide-scale censorship campaigns. Zhou Huilin, an official involved with the nationwide campaign to "sweep away pornography and strike down illegal publications" explained in December 2009 that within the XUAR, the censorship campaign's focus on "illegal publications" includes an additional component targeting materials from the "three forces" of terrorism, separatism, and religious extremism, according to a December 16 Tianshan Net report. The XUAR government and Party have made "striking hard" against "reactionary" materials and other "illegal" political and religious publications from the "three forces" as the focus of the region's censorship campaign since 2009, according to a January 19, 2010, Tianshan Net report. The article also described strengthening controls over "illegal" materials especially after events in July 2009. A work summary published on July 5, 2010, on the Web site of the XUAR Press and Publications Bureau said that the bureau would deepen its implementation of the censorship work during the last half of the year and would focus on "striking hard" against "reactionary propaganda materials" and "illegal" political and religious publications publicized and disseminated by the "three forces."
For more information on conditions in the XUAR, see Section IV!Xinjiang in the CECC 2009 Annual Report.
| Source: -See Summary (2010-07-09 ) |
Posted on: 2010-08-19 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=143705 |
Ministry of Public Security Launches Seven-Month Nationwide "Strike Hard" Campaign
August 11, 2010
In June 2010, the Ministry of Public Affairs launched a seven-month "strike hard" campaign aimed at quelling "crimes of extreme violence." The official campaign report specifically calls on public security officers to "strengthen strike hard measures" and to "increase efforts to resolve social conflicts." Chinese and international media outlets have noted that the campaign announcement follows highly publicized incidents, including a series of school attacks. Critics of the "strike hard" campaigns claim that the nationwide campaigns signal a step back for human rights protections in China. Some Chinese scholars and lawyers have expressed concerns that efforts to meet law enforcement targets under "strike hard" campaigns lead to wrongful convictions and abuses of criminal procedure.
MPS Launches "2010 Strike Hard" Anticrime Campaign
On June 13, 2010, the Ministry of Public Security (MPS) announced that public security agencies across the country have launched a seven-month "strike hard" campaign (known in Chinese as yanda) to "severely crack down on every type of serious violent crime." According to a June 15, 2010, China Daily article, the campaign focuses on "extreme violent crime, gun and gang crime, telecom fraud, human trafficking, robbery, prostitution, gambling and drugs." Amidst reports of rising crime and high-profile cases of public violence, the MPS announcement states that public security officers must "pinpoint the source, underlying and basic problems that influence local public security." According to the China Daily article, Vice Minister of Public Security Zhang Xinfeng told a national meeting that the campaign aims to target destabilizing developments within China: "China, during a process of social and economic transformation, is facing emerging social conflicts and new problems in social security." The MPS announcement also calls on public security officers to "strive to bring about a favorable public order environment for the successful hosting of the Shanghai World Expo and the Guangzhou Asian Games."
Striking Hard Against Rising Crime and Emerging Social Conflicts
The 2010 "strike hard" campaign comes as China's violent crime reportedly rose in 2009, according to statistics from the 2010 Rule of Law Blue Book (published by Chinese Academy of Social Sciences (CASS)), which were reprinted in a March 1 People's Daily article. The article reported that "violent crimes such as homicide, rape, and robbery saw sizable growth in 2009, the first increase of such cases since 2001." According to a July 1 Oriental Outlook article, the CASS 2010 Rule of Law Blue Book showed that "criminal cases" [xingshi anjian] increased by more than 10 percent between January and October 2009, while "public security cases" [zhi'an anjian] increased by about 20 percent in the same period. Chinese and international media outlets have also connected the "strike hard" campaign announcement to publicity surrounding other social tensions and conflicts in China. A June 14 Radio Free Asia article, for instance, reported that unspecified "media" outlets have noted that the strike hard campaign!the "longest in China in recent years"!follows recent high-profile school attacks and a series of violent incidents involving law enforcement officials. According to a June 15 Associated Press article (via the Boston Globe), the crackdown appears to be a response to unspecified "experts" who say the crimes appear to be more the result of "simmering and widespread frustration over the growing wealth gap, corruption and too few legal channels for people who have grievances. ̄
Background: China's "Strike Hard" Campaigns
In response to an increase in crime and corruption over the past 30 years, the Chinese government has periodically instituted national crackdowns against crime!referred to as "strike hard" anticrime campaigns. (Chinese governments at the provincial-level and below often hold similar "strike hard" campaigns.) The "2010 strike hard campaign" is the fourth round of nationwide "strike hard" campaigns since 1983, according to the June 15 China Daily article. China previously conducted similar national anticrime campaigns in 1983, 1996, and 2001. The China Daily article notes that "[d]uring the campaign, police usually take tough measures against crimes and judicial authorities hand down swifter and harsher penalties." As a result, some Chinese scholars and lawyers have expressed concerns that efforts to meet law enforcement targets under the campaigns have led to wrongful convictions and abuses of criminal procedure. In a July 3 Radio Free Asia interview, Heilongjiang-based lawyer Wei Liangyue described the shortcomings of the "strike hard" policies:
[It] should be said that the most fundamental law of our country is the Constitution; the Constitution also clearly stipulates that the People's Republic of China implements the rule of law and establishes a socialist country ruled by law. However, this type of "strike hard" [campaign] often occurs outside of rule of law and legal provisions!and may even breach the boundaries of the law to carry out a crackdown on crime.
According to the July 1 Oriental Outlook article, some Chinese legal scholars have criticized previous "strike hard" campaigns, whose "severity and speed" have led to criminal procedure violations. The Oriental Outlook article states "the procedural rights of criminal suspects and defendants to a certain extent are deprived!which is not consistent with the spirit of the rule of law."
The "2010 strike hard campaign" signals that the leadership may be backtracking on recent policy changes affecting criminal justice policy and human rights protections. On March 13, 2007, a People's Daily article reported that China's leadership had adopted the criminal justice policy of "balancing severe punishment with leniency" (known in Chinese as kuanyan xiangji) in what appeared to be "a deliberate move away from the 'strike hard' anti-crime policy that has been in place in China for more than two decades." In the 2007 article, Professor Liu Hainian of CASS stated, "Handling all criminal offenses under the sole approach of 'strike hard' is not in the spirit of building a harmonious society, which is based on equity and justice." According to the July 1, 2010, Oriental Outlook article, a number of legal scholars interviewed expressed "great surprise" to see "strike hard" in the news again, since they believed "the term "strike hard" had already faded out of Chinese criminal justice history."
For general information on the national "strike hard" campaign in 2001, see p. 30 of the CECC 2002 Annual Report.
| Source: -See Summary (2010-07-08 ) |
Posted on: 2010-08-19 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=143701 |
Relatives Visit Imprisoned Buddhist Teacher Tenzin Deleg, Officials Report Ill Health
June 30, 2010
Summary
Officials in Sichuan province permitted two sisters of imprisoned Tibetan Buddhist teacher Tenzin Deleg (A'an Zhaxi) to visit him at an unspecified location on April 27, 2010, according to a June 11 Radio Free Asia (RFA) report. Prison officials informed the women that their brother is suffering from multiple illnesses, though sources told RFA that Tenzin Deleg had "played down" reports of his illness and his sisters said he appeared to be "reasonably well." The officials' unexpected notice to the sisters that they could visit their brother and the officials' unsolicited disclosure of information on his medical condition occurred approximately one year and nine months prior to January 2012, when Tenzin Deleg will have completed seven years of his sentence of life imprisonment!the period of time he must serve under Chinese regulations before officials can consider whether or not his illnesses may qualify him for release on medical parole (see below).
Case Background: Controversial Conviction in a Closed Court
The Ganzi (Kardze) Intermediate People's Court alleged that Tenzin Deleg's case involved "state secrets" and conducted the trial in a closed court on November 29, 2002, (Xinhua, 26 January 03). The same court sentenced Tenzin Deleg on December 2 to death with a two-year reprieve for conspiring to cause explosions (Criminal Law, Article 114) and 14 years' imprisonment for inciting separatism (Article 103), the January 26 Xinhua report said. The Sichuan High People's Court rejected Tenzin Deleg's appeal and upheld the reprieved death sentence on January 26, 2003, then commuted the sentence to life imprisonment on January 26, 2005, (Xinhua, 26 January 05). Tenzin Deleg reportedly did not confess to the charges, proclaimed his innocence during sentencing, and, according to the June 2010 RFA report, continues to deny the charges. The Ganzi court sentenced a second defendant, Lobsang Dondrub, to death during the same proceedings. Authorities executed Lobsang Dondrub on January 26, 2003!a Sunday!the same day the Sichuan High People's Court approved his sentence, according to a January 28, 2003, Reuter's report (reprinted in Phayul). Security officials detained Lobsang Dondrub and Tenzin Deleg on April 3 and April 7, 2002, respectively, according to information available in Appendix 1, Chronology, of the Commission topic paper referenced below.
Tenzin Deleg's Sisters Visit Him; Prison Officials Report Illnesses
On April 25, 2010, the deputy chairman of the government of Litang (Lithang) county, located in Ganzi (Kardze) Tibetan Autonomous Prefecture (TAP), Sichuan province, and the head of the Litang procuratorate, informed Tenzin Deleg's sisters Sonam Dekyi and Drolkar that authorities would permit them to visit their brother two days later, on April 27, 2010, according to unnamed sources cited in a June 11 Radio Free Asia (RFA) report. The women reportedly had sought to visit their brother "for a long time" and rushed to "an unspecified meeting place" described in the RFA report as approximately 320 kilometers (approximately 200 miles) [by road] from Chengdu city, Sichuan's capital. According to information available in the Commission's Political Prisoner Database, Tenzin Deleg is serving his sentence at Chuandong Prison, located in the seat of Dazhu county, Dazhou municipality, Sichuan. The scaled linear distance between Chengdu city and the Dazhu county seat is approximately 290 kilometers (approximately 180 miles), based on Commission staff map research, which suggests that the meeting took place at or near Chuandong Prison.
The prison warden and doctor informed Sonam Dekyi and Drolkar that Tenzin Deleg is "suffering from ailments related to bones, heart, and blood pressure," according to a written statement provided by a Tibetan source to RFA and cited in the June 2010 RFA report. Prison officials also told the women that Tenzin Deleg "had recently suffered a fall, possibly caused by his ill health," according to the same statement. Multiple sources told RFA that Tenzin Deleg had "played down reports of his ill health" at the meeting, and his sisters reportedly said that he appeared to be "reasonably well," the report said.
Regulations on Medical Parole for Prisoners Serving a Life Sentence
According to a translation available in the Spring 2002 issue of Dui Hua Dialogue, the Measure on Implementing Medical Parole for Prisoners, issued in 1990 by the Ministry of Justice, the Supreme People's Procuratorate, and the Ministry of Public Security, states in Article 2: "For prisoners sentenced to life imprisonment, fixed prison terms or forced labor, if one of the following [four] conditions is fulfilled during their reform period, then medical parole can be permitted." Fulfillment of the second condition occurs if a prisoner serving a life sentence "has served seven years or more of his life sentence" . . . "and the prisoner contracts a serious, chronic illness which has not been successfully treated after a long period of time."
Tenzin Deleg will have completed seven years of his life sentence on January 25, 2012!the last day of the seventh year after the Sichuan High People's Court commuted his reprieved death sentence to life imprisonment on January 26, 2005, (Xinhua, 26 January 05). China's state-run media had acknowledged his health issues prior to the commutation: a December 30, 2004, Xinhua report noted that A'an Zhaxi (Tenzin Deleg) "had been suffering high blood pressure and coronary heart disease before he was put in jail" and stated that doctors were treating him in prison and conducting a medical checkup every three months.
Tibetans Petition for New Hearing, Stage Protests Demanding Release
In July 2009, Tibetans living in Yajiang (Nyagchukha) county, Ganzi TAP, conducted a petition campaign attributing Tenzin Deleg's imprisonment to "evil officials," according to a December 9 translation of the petition available on the High Peaks, Pure Earth (HPPE) Web site. HPPE obtained photographic images of the Tibetan-language petition on the same day from the Tibetan writer Woeser's Chinese-language blog. The petition dismissed the verdict as a "set-up" on the basis that "there does not exist any proof with regard to [Tenzin Deleg's] sentence, there exists no confession, [and] it is only an act of retaliation of the local authorities." In December 2009, hundreds of Tibetans in Yajiang and Litang (Lithang) counties staged protests demanding Tenzin Deleg's release according to several reports. (See, e.g., RFA, 7 December 09 and 10 December 09; International Campaign for Tibet, 17 December 09; Tibetan Centre for Human Rights and Democracy, 9 December 09 and 11 December 09; and Phayul, 18 December 09.) Security officials detained "dozens" of protesters, tightened further a well-established crackdown, and later released most of the detained protesters, the reports said.
Tenzin Deleg!titled "trulku," a teacher whom Tibetan Buddhists believe is part of a lineage of reincarnated teachers that can span centuries!is a widely admired figure in the Litang-Yajiang area. According to the February 2004 Human Rights Watch (HRW) report, the Dalai Lama recognized him as a trulku while he was in India from 1982 to 1987. Tenzin Deleg founded and headed a number of monasteries and established social service facilities including children's schools, clinics, and an old-age home, according to the HRW report.
For more information on Tenzin Deleg's case, see the Commission's February 10, 2003, topic paper, The Execution of Lobsang Dondrub and the Case Against Tenzin Deleg: The Law, the Courts, and the Debate on Legality, also available as PDF, and the February 2004 Human Rights Watch (HRW) report, Trials of a Tibetan Monk: The Case of Tenzin Delek, also available as PDF. See the Commission's 2009 Annual Report and Special Topic Paper: Tibet 2008-2009 for more information on the political imprisonment of Tibetans. See the Commission's Political Prisoner Database for more information on the case of Tenzin Deleg and other Tibetan political prisoners.
| Source: -See Summary (2010-06-13 ) |
Posted on: 2010-07-30 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=141829 |
Restrictions on Religion Continue in Xinjiang
June 25, 2010
Authorities in the far western region of Xinjiang exert tight control over religious practice in the region, in a number of cases imposing limits on religious activities that are harsher than restrictions imposed elsewhere in China. Authorities single out Muslim practices in some instances, as a number of recent reports detail. Authorities have claimed "illegal religious activities" and "religious extremism" as threats to the region's stability and blamed "religious extremism" as one source of unrest during demonstrations and rioting in Xinjiang in July 2009. Several recent government and media reports detail tight controls over religious activity in the year since the demonstrations and rioting took place. Such controls include steps to monitor mosques and pre-examine sermons, to prevent children from "believing in a religion," and to punish religious believers engaged in activities outside of officially approved parameters.
Authorities in the Xinjiang Uyghur Autonomous Region (XUAR) continue to exert tight control over the practice of religion, according to reports from XUAR government Web sites and Chinese and overseas media. In the aftermath of demonstrations and rioting in the XUAR in July 2009, authorities claimed "religious extremism" as one cause of the events in July and they continue to include controls over religion as part of security measures in the region. Some details about recent controls over religion in the XUAR remained unknown in the aftermath of the July events, as authorities curbed Internet access and imposed other restrictions over the free flow of information from the region. As government Web sites from the XUAR have become more widely accessible in recent months, several reports!some newly available!detail efforts throughout the year to control religious activity, discriminate against religious believers, and punish religious practitioners, singling out Muslim practices in some cases. Examples include:- Strengthening Oversight of Mosques, Religious Activities in Aqsu. The Aqsu municipal government in Aqsu district reported on strengthening implementation of and refining its "two systems" program of maintaining regular government contact with mosques and religious figures, according to a January 26 report from the Aqsu municipal government Web site. Measures include monitoring conditions at religious venues on a daily basis and formulating measures to pre-examine sermons. Aqsu district has launched a nine-month work project targeting "illegal religious activities," according to a May 18 Tianshan Net report. For more reports from Aqsu district on examining and "standardizing" the content of sermons, see a September 4, 2009, report from Yiganqi township (via Aqsu municipal government Web site) and April 20, 2010, report from Shayar county (via Xinjiang Kunlun Net, also reprinted in Uyghur Online). For more information on the "two systems" as implemented in another locality in the XUAR, see April 9, 2009, measures on the "two systems" posted on the Zepu (Peyziwat) county, Zepu Town government Web site.
- Restrictions on Students' Freedom of Religion. As part of steps to "strengthen ethnic unity" and "safeguard social stability" on school campuses, authorities in Nilka county, Ili Kazakh Autonomous Prefecture, described implementing "responsibility agreements" to prevent students from entering religious venues and participating in "illegal religious activities," according to a May 20 report from the Ili Party Committee Organization Department Web site. Concrete steps include ensuring students do not fast [a practice observed during the Muslim holiday of Ramadan], enter mosques or other venues during religious services, or wear clothes with a "religious hue." In addition, the report said that the county education bureau launched a campaign that brought teachers into students' homes to teach issues such as ethnic unity, state policy toward religion, and the "Six Forbiddens" for students. The "Six Forbiddens" refer to forbidding students from believing in religion, participating in religious activities, fasting, wearing clothes with a "religious hue," viewing or listening to audio-video products with "reactionary content," and disseminating "separatist thought" in any form, according to information posted August 31, 2009, on the Chapchal county, Ili, government Web site.
In addition, the Bayingol Mongol Autonomous Prefecture in the XUAR adopted rules, effective September 2009, that include restrictions on children's and teacher's religious freedom, according to a report from the Bayingol Prefecture News Office (via Bayingol Mongol Autonomous Prefecture government Web site, August 27, 2009). The rules forbid elementary school students and teachers from "believing in religion," and forbid all students and teachers from participating in religious activities or wearing clothes with a "religious or superstitious hue," among other acts. People who violate the rules will receive "education" and be "severely dealt with," according to a preface to the rules.
- Campaign against Scarves and Beards in Kucha. Authorities in Hanikatamu township in Kucha, Aqsu district, held a campaign in May to detect items such as "illegal publications," "illegal propaganda materials," and "bizarre" clothing, steps that an official connected to battling against "illegal religious activities" and separatists, according to a May 6 report on the Kucha Party Construction Web site (cached page). Some residents and officials, including a visiting delegation of county and district officials, took part in a public event to destroy confiscated items, which included 34 scarves, 42 items of clothing, and 53 books. The article described the steps as effectively attacking "religious fanaticism" and changing "outmoded thinking" regarding "bizarre" apparel worn by some women in Hanikatamu and "big beards" worn by some young men. Radio Free Asia (RFA) interviewed an official from Hanikatamu township, who affirmed that authorities had recently called on young people not wear scarves or beards. (See the interview in a June 9 article). Other localities within Kucha also reported carrying out campaigns against "illegal propaganda materials," including religious materials. (See cached pages, originally posted June 2 and June 4, from the Kucha Party Construction Web site.)
- Discriminating Against Religious Job Candidates. Government offices in Turpan district and Shule (Qeshqer Yengisheher) county issued job advertisements for teachers and members of a performing arts troupe, respectively, that required that candidates "not believe in a religion" and "not participate in religious activities." See a September 11, 2009, posting on the Xinjiang Education Department Web site and March 5 posting on the Kashgar Personnel Bureau Web site. Article 12 of the PRC Labor Law states that job applicants shall not face discrimination in job hiring based on factors including religious belief, and the PRC Civil Servant Law does not bar religious adherents from government work.
- Detentions of Religious Believers. Authorities in a village in Dadamtu township, Yining (Ghulja) county, Ili Kazakh Autonomous Prefecture, detained three adult siblings and one sibling's spouse--Zulpiye, her brothers Extem and Tashpolat, and Tashpolat's wife Shemshiban--starting on July 7, 2009, in reported connection to their religious activities, according to May 13 and 26 Radio Free Asia (RFA) reports. Their father reported that authorities alleged Zulpiye had provided religious instruction to neighborhood women and that they detained his other children in connection to religious books they had read. He also reported that authorities criticized his children for wearing religious dress and for allegedly undercutting the authority of state-appointed imams. Information on the charges and trials, if any, against the group!three of whom are reportedly held at a detention center within Ili and a fourth whose whereabouts are not known!is not available.
At another village within Dadamtu township, authorities detained Setiwaldi Hashim, his son Qasimjan Setiwaldi, son-in-law Tursunjan, nephew Abdurahman Osmanjan, Sultan Tursun, and his wife Helime on July 15, 2009, according to accounts by relatives of Setiwaldi Hashim and Sultan Tursun in the May 26 RFA report. A relative said authorities accused Setiwaldi Hashim of providing unauthorized religious instruction but the relative did not know the precise charges against Setiwaldi Hashim at trial. Authorities released Helime after 40 days. The current status of the remaining people in detention remains unknown.
Authorities reportedly detained 32 women in a Quran study group in Bachu (Maralb└shi) county, Kashgar district, around early June, according to June 7 and 8 reports from Radio Free Asia. Authorities said the women were engaged in "illegal religious activities" and formally detained two of the women, releasing the others after fining them, according to the reports. A government article describing events in Bachu, linked to in the June 7 RFA article, appears to have been removed from the Internet. For more information on conditions in the XUAR, see Section IV!Xinjiang in the CECC 2009 Annual Report.
| Source: -See Summary (2010-06-08 / English) |
Posted on: 2010-07-13 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=141504 |
Statement of the Chairman and Cochairman: Xinjiang - One Year After Demonstrations and Rioting
July 9, 2010
We are deeply concerned by human rights conditions in Xinjiang, one year after demonstrations and rioting in the region. Events that started on July 5, 2009 resulted in injury and death to Han and Uyghur citizens alike. Repressive policies in the region have continued, and, in some cases, have intensified.
In the aftermath of last year's violence, the government tightly restricted the free flow of information, and curbed Internet access for 10 months. Authorities intensified security campaigns and conducted large scale sweeps and raids. Security forces detained some Uyghurs, primarily men and boys, whose whereabouts still remain unknown. We are alarmed by reports that trials have been marred by violations of Chinese law and international standards for due process. We are concerned by reported curbs on independent legal defense and a general lack of transparency in trials.
Conditions in the region today remain tense. The Internet is back up, but a number of Uyghur Web sites remain shuttered. And throughout the last year, the government issued regulations to restrict free speech. As we noted immediately after last year's tragic events, we urge the Chinese government, when addressing events in Xinjiang, to abide by its domestic and international commitments to protect citizen's fundamental rights and to promote the rule of law, and we urge the Chinese government to address the longstanding grievances of the Uyghur people, especially those related to official suppression of Uyghurs' independent expressions of ethnic, cultural, and religious identity.
| Source: -See Summary (2010-07-09 ) |
Posted on: 2010-07-11 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=143834 |
Government White Paper on Internet Claims Free Speech Protected
June 25, 2010
The State Council Information Office released its White Paper on the State of the Internet in China in June 2010 claiming that the Chinese government's regulation of the Internet guarantees freedom of speech and is consistent with international practice. The white paper highlights the government's efforts to expand Internet access and what it describes as lively exchanges on China's Internet, stating that large numbers of citizens express opinions online through blogs and comment boards. The white paper fails to address, however, aspects of China's regulation of the Internet that violate international human rights standards, including routine filtering of politically sensitive content and vague and broadly worded prohibitions on content.
The State Council Information Office released a white paper on the Chinese government's policies toward the Internet on June 8, 2010, aiming to present "the true situation of the development and regulation of the Internet in China" to Chinese citizens and the international community. The White Paper on the State of the Internet in China (Chinese, English via China Daily) claims that the government "guarantees citizens' freedom of speech on the Internet." It also claims that the government's model for regulating the Internet is "consistent with international practices."
Note that the English translation of the white paper published in the state-run China Daily appears not to follow the original Chinese text exactly. For this reason, the CECC has based the analysis below on its own English translation of the white paper.
White Paper's Claim Regarding Support for Free Speech
In a section titled "Guaranteeing Citizens' Freedom of Speech on the Internet," the white paper notes:
- the Chinese government's support for news on the Internet to provide citizens with "abundant news information."
- the presence of lively exchanges on China's Internet and "a huge quantity of BBS posts and blog articles" that would be "hard to imagine in any other country." (Bulletin Board Systems (BBSs) are online discussion forums or message boards!see People's Daily Strong Country Forum for an example.)
- figures such as China's 220 million bloggers and the more than 3 million posts daily on BBSs, news Web site comment pages, and blogs.
- the government's encouragement of citizens' use of the Internet to supervise officials, including the establishment of informant Web sites by the Supreme People's Court, the Party's Central Commission for Discipline Inspection and other government and Party entities to allow citizens to report on corrupt officials.
Elsewhere, the white paper notes the "large sum of money" the government has spent on Internet infrastructure and the government's goal of expanding Internet access from 28.9 percent to 45 percent of the population in five years.
The white paper's emphasis on quantitative data and government investment to support the claim that Chinese citizens enjoy freedom of speech on the Internet is similar to the argument Chinese officials made in their November 2008 national report submitted to the UN Human Rights Council in advance of the Universal Periodic Review of the Chinese government's human rights record. Paragraph 60 of that report notes that "China has increased its expansion and development of the press and the publishing and information industries" in order to "strengthen the infrastructure that allows citizens to fully enjoy freedom of speech." The report also noted that at the time there were "1,919,000 websites in the country, with 253,000,000 Internet users and 46,980,000 blog writers. With such easy, fast and diverse ways of gaining access to information and expressing opinion, including criticism of the Government, Chinese citizens are enjoying an entirely new lifestyle."
Chinese Internet Policy's Compliance With International Human Rights Standards
While government efforts to expand Internet access have given citizens greater space for expression, under international human rights standards access to the Internet alone is insufficient to guarantee freedom of expression. Rather, the right to freedom of expression also depends on the type of content governments restrict, and whether restrictions are clearly provided in law and narrowly tailored (see Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which China has signed and expressed an intent to ratify). Article 19 of the ICCPR permits governments to restrict content for the purpose of respecting the rights or reputations of others or protecting national security, public order, public health or morals, or the general welfare. In October 2009, the UN Human Rights Council adopted Resolution 12/16 (Click on Symbol Number within the link), paragraph 5(p)(i) which calls on states to "refrain from imposing restrictions" inconsistent with Article 19 of the ICCPR, including on:
Discussion of government policies and political debate; reporting on human rights, government activities, and corruption in government; engaging in election campaigns, peaceful demonstrations or political activities, including for peace or democracy; and expression of opinion and dissent, religion or belief, including by persons belonging to minorities or vulnerable groups. As the Commission noted in its 2009 Annual Report (pp. 59-61), the Chinese government and Internet companies, as required by Chinese regulations, routinely exceed the permissible purposes for Internet restrictions by blocking, removing, or shutting down Web sites and online comments and articles containing politically sensitive content. Furthermore, Chinese courts have punished citizens for criticizing the government and Communist Party online (recent cases include Liu Xiaobo, Tan Zuoren, Huang Qi) in trials where the court did little to assess the actual national security risk and provides no clear guidance of the boundary between free speech and national security risk. The white paper says that Chinese laws and regulations "clearly prohibit the spread of information that contains contents subverting state power, undermining national unity, infringing upon national honor and interests, inciting ethnic hatred and secession, advocating heresy, pornography, violence, terror and other information that infringes upon the legitimate rights and interests of others." Chinese regulations, however, do not provide any clear definition of these concepts. As noted in a February 25, 2010, Global Times article, several Chinese sources, including a Chinese Web site developer and a Chinese academic specializing in Internet politics, said that there are no clear guidelines on what content is permissible and that laws and regulations covering illegal online activity are vague and lack detail.
| Source: -See Summary (2010-06-16 ) |
Posted on: 2010-07-11 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=142107 |
Case of Wrongful Conviction in Henan Captures National Attention
July 8, 2010
In early May, Chinese and international media reported on the case of wrongfully convicted Zhao Zuohai who served 10 years in prison before his alleged murder victim returned home. Subsequent to his release, Zhao reported that officials had repeatedly used torture on him to extract a confession. The case has sparked national debate over the use of torture to coerce confessions in criminal prosecutions.
"The Wrongful Case of Zhao Zuohai"
In early May, Chinese official media reported on the acquittal of 57-year old Zhao Zuohai, who served more than 10 years in prison on a wrongful murder conviction, before the "victim" reappeared on April 30, 2010. According to a May 11 Beijing News article (via People's Daily) and a May 14 China Daily article, public security officials began to suspect Zhao Zuohai for the murder of missing neighbor Zhao Zhenshang in 1998, since the two had been involved in a physical altercation in 1997. A May 9 Xinhua article reported that authorities arrested Zhao Zuohai in 1999, after a headless body was discovered in the village. Despite the fact that authorities lacked DNA proof that the body belonged to Zhao Zhenshang, Zhao reportedly confessed to the murder nine times between 1999 and 2001, according to the May 14 China Daily article and a May 11 Procuratorial Daily article. On December 5, 2002, the Shangqiu City Intermediate People's Court sentenced Zhao to death with a two-year reprieve and on February 13, 2003, the Henan Province Higher People's Court approved the verdict, according to a May 15 Southern Metropolis article.
According to a May 12 China Daily article, Zhao Zuohai claimed that he was tortured into confessing the murder and authorities in Shangqiu County of Henan province have admitted wrongdoing. Chinese media outlets have widely reported on Zhao's accusations that public security officials repeatedly tortured him into confessing to the murder. According to a May 12 Southern Metropolis article, Zhao claimed police deprived him of food and sleep, and placed firecrackers on his head to force him to stay awake. The article also details Zhao's claims that public security officers beat him with sticks and drugged his drinking water. Zhao told the Southern Metropolis that, at one point, the police beatings and kicks left him feeling like he would be "better off dead than alive."
On May 10, 2010, the Beijing News reported that the Henan Provincial High Court acquitted Zhao in a retrial on May 8, days after Zhao Zhenshang returned to the village. On May 12, the Shangqiu City Intermediate People's Court awarded Zhao 650,000 yuan (US$96,000) in compensation, according to a May 13 Xinhua article and May 13 People's Daily article. (Zhao had reportedly discussed claiming compensation under China's State Compensation Law with court officials.) Authorities have reportedly arrested three former police officers for their roles in torturing Zhao into confessing to the murder and have suspended four judges for their roles in reviewing the case, according to a May 16 Xinhua article and a May 30 Xinhua article (via China Daily).
Public Debate and Reforms
On June 6, 2010, the Procuratorial Daily reported that the "wrongful" case of Zhao Zuohai ̄ sparked a "great amount of public concern," particularly over the causes behind such an injustice. A June 2 Dui Hua Foundation article on the Zhao case reported on the influence of the case: "The case elicited considerable public commentary, much of it critical of a law enforcement system in which defendants' rights receive few protections." In a May 18 China Daily editorial, the newspaper criticized the justice system's handling of the Zhao case, stating, "Whether 650,000 yuan is the appropriate amount or not is debatable. Yet, we believe Zhao deserves better justice, if not further compensation, in order to ensure that local officials and the judiciary in particular, seriously reflect on his unlawful incarceration. Otherwise, history may just repeat itself."
At the end of May, five Chinese law enforcement agencies!the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice!jointly announced two new sets of guidelines on the use of illegally obtained evidence, according to a May 30 press release (available on the Ministry of Public Security Web site). A May 30 Xinhua article reported that the legal rules to clarify evidence would "stem miscarriages of justice" and referred directly to the Zhao Zuohai case. According to a May 31 New York Times article, legal experts have stated that the rules represent "the first time Chinese law has explicitly spelled out rules for the admissibility of prosecutorial evidence." The PRC Criminal Law (Article 247) and the PRC Criminal Procedure Law (Article 43) prohibit the use of torture to extort confessions!however, existing provisions do not explicitly address the exclusion of evidence obtained through torture or other illegal means. On June 25, China's Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security, and Ministry of Justice formally published two sets of rules: "Rules Concerning Questions About Exclusion of Illegal Evidence in Handling Criminal Cases" and the "Rules Concerning Questions About Examining and Judging Evidence in Death Penalty Cases." (English translations of the rules are available on the Dui Hua Foundation Web site here.)
For more information about police torture and the fairness of criminal trials, see Section II!Human Rights: Criminal Justice in the CECC 2009 Annual Report.
| Source: -See Summary (2010-06-16 ) |
Posted on: 2010-07-11 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=142101 |
Recent Worker Actions in China
July 2, 2010
In recent weeks, reports have appeared in Chinese and international media outlets highlighting strikes at enterprises throughout China, many at foreign-owned enterprises, and other incidents involving workers, including suicides. Chinese and international journalists, academics, and activists have penned essays and articles attempting to explain the causes of the recent spate of worker incidents. Some of these pieces have taken an interpretive angle, bringing out themes—such as the Chinese government's denial of the right to free association, the rights of migrant workers, and changing attitudes of a new generation of workers—that have persisted in China since economic reforms began in 1978.
During the past month, Chinese and international media and non-governmental organizations reported on at least 12 separate incidents—from a succession of strikes to suicides at a factory compound—at various Chinese enterprises, mostly foreign-owned, that garnered attention in China and around the world.
- Starting on May 21, 2010, about 1,900 workers at a Honda-owned auto-parts factory in Foshan city, Guangdong province, went on strike to demand higher wages, as detailed in a May 28 New York Times article.
- On June 1, authorities deployed up to 3,000 police officers "to break up a two-week-long strike at a former state-owned cotton mill in Pingdingshan, Henan [province]," according to a June 4 China Labour Bulletin report. Workers there reportedly demanded higher pay, paid annual leave, and a "fair share of proceeds" from the enterprise's restructuring.
- On June 3, about 900 workers at the Japanese-owned Brother Industries Company in Xi'an city, Shaanxi province, went on strike to demand higher wages and better benefits, according to a June 10 Radio Free Asia report.
- On June 6, "many hundreds" of workers at the Tieshu Group factory in Suizhou city, Hubei province, blocked a nearby intersection, protesting against management's reported failure to address issues such as pension disputes and the sale of the factory, according to a June 6 Web posting on the Web site Civil Rights and Livelihood Watch.
- On June 7, striking workers at a Taiwanese-owned rubber factory in Kunshan city, Jiangsu province, clashed with police, according to a June 11 South China Morning Post (SCMP) article. The SCMP article said "[s]cuffles were also reported during a strike at a Taiwanese-owned sports goods factory" in Jiujiang city, Jiangxi province, on June 6.
- On June 6, a few hundred workers at the Taiwanese-owned Merry Electronics factory in Shenzhen blocked the factory entrance in the morning, and "the crowd eventually grew to more than one thousand, spilling out on to the main road," where they held up banners "demanding higher pay and less strenuous work hours," as a June 8 China Labour Bulletin report noted.
- On June 8, a Honda spokesperson said in a Wall Street Journal article that "workers at Foshan Fengfu Autoparts walked off the job´, paralyzing production at the plant owned by Japan's Yutaka Giken, a 70%-Honda-owned subsidiary," which produced exhaust pipes for the Japanese car company. Like the strikers at the other Honda plant, the workers were seeking wage increases.
- A June 11 Ming Pao article, citing information from the Hong Kong-based Information Center for Human Rights and Democracy, chronicled the spread of strikes to other Chinese provinces, including a June 9 incident where about 2,000 workers demanded the management at the Japanese-owned Zongbao Electronics Company in Shanghai to offer higher wages; and, in Zhuhai city, Guangdong province, up to 1,000 workers at a U.S.-owned electronics factory went on strike on June 10 with the same demand.
- On June 11, strikes took place at a third Honda-affiliated factory; located in Zhongshan city, Guangdong province, this factory produced car locks for Honda. The South China Morning Post detailed in a report that the workers "challenged managers" and demanded higher pay and the right to form independent unions.
Unofficial reports suggest that the striking workers' primary demand is higher wages. These reports also indicate that many of them decided to participate in the strikes after hearing co-workers who had worked at other factories recount similar situations at their previous places of employment—namely, low wage levels and subsequent successful attempts to force managements to raise wages through work stoppages. In other words, the spread of the strikes seemed to have resulted from a "copy-cat chain" of events inspired by previous successes rather than an organized labor movement (Reuters, July 1).
At the same time, journalists, commentators, and academics in China and abroad have also sought additional explanations for these events. Some explanations have pointed to labor issues that have existed since China's reform and opening in 1978, such as the denial of the right to free association, the changing attitudes of a new generation of workers, and migrant workers' difficulties in adjusting to urban factory life.
A New Generation of Workers
One recent study by the state-run All-China Federation of Trade Unions found that China's new generation of migrant workers, unlike their parents, have higher expectations with regard to wages and labor rights as they struggle to transition into urban life. In a June 13 essay titled "Silent Lambs No More," Yazhou Zhoukan (Asia Week) discusses the different experiences and mindset of a new generation of Chinese workers, defined as those born after 1980 or 1990, that set them apart from the older workers:A new generation of Chinese workers is finally no longer silent ´ China's GDP had already multiplied several times ´ the post-90s generation of migrant workers discovered that they are making about the same amount of money as their father's generation 20 years before. As such, this third generation of workers feels increasingly hopeless, and finds it necessary to use strikes as a method to fight for reasonable treatment. Another June 13 Yazhou Zhoukan (Asia Week) article indicates that the so-called "post-80s" and "post-90s" new generation of migrant workers are at the forefront of the strikes. Reportedly, there are about 100 million young workers in China's 170 million migrant workers pool.
China's Agricultural Minister, Han Changfu, in a February 1 People's Daily essay, observes additional distinguishing characteristics that set the post-90s workers apart from the previous generations, pointing out that many of them have never laid down roots, are better educated, are the only child in the family, and are more likely to demand equal access to employment and social services—and even equal political rights—in the cities.
The Lack of Genuine Worker Representation
Chinese workers still are not guaranteed the right to organize into independent unions. The All-China Federation of Trade Unions (ACFTU) is China's only legal trade union, and it is required by the Trade Union Law to "uphold the leadership of the Communist Party." Because one of the ACFTU's priorities is to organize and mobilize "vast numbers of workers to make contributions to the sound and rapid development of the economy," and to foster "harmony in labour relations" so that such development may take place, the vast majority of "trade unions" in enterprises effectively remain under the de facto control of management.
Various experts have pointed out that Chinese workers are not asking for the formation of independent trade unions per se; rather, strikers are calling for unions to act more independently within the confines of Chinese law. Anita Chan, an academic who studies China's labor relations at the University of Technology in Sydney, writes in a June 18 China Daily commentary that the Chinese workers' demand for genuine union representation is not the same as a push for alternative unions. While acknowledging that the government-run ACFTU "has a herculean task ahead if it wants to fulfill its assigned role of representing workers," Chan says that Chinese workers "are willing to become members of the ACFTU ´ [given that] the Honda workers who went on strike now want to hold a new election to their [ACFTU] union branch committee." To start, Chan suggests that the ACFTU should:Do away with the "fake unions"´ [the ones] assigned by the local governments, whose paramount interest is to attract foreign investment. ´ These governments now rent out land to companies and appoint a few local union-ignorant people to run the trade union offices. ´ The local trade union offices should be put under the jurisdiction of the upper-level union instead of local governments. The ACFTU should allow workers to elect their representatives to their workplace union committees, too, as has happened in a very modest number of firms. Only then can the union branches demonstrably represent workers' interests rather [than] that [of] the employers' or governments'. The lack of genuine labor representation is well-documented. A China Labour Bulletin representative told the Toronto Star in a June 8 article that China's state-run labor unions "will rarely, if ever, stand four-square with workers." And in a more extreme example, the "Silent Lambs No More" article in Yazhou Zhoukan (Asia Week) recounts the views of one striking worker who said that China's existing state-run labor unions "are not as good as organized criminals," for at least "organized criminals will provide you with service after taking your money; conversely, the state-controlled labor unions "demand that [workers] pay the dues and still come back to oppress them."
In recent months, however, the ACFTU has appeared to be more willing to address the issue of worker representation. In December 2009, Zhang Jianguo, the director of the ACFTU's Collective Contracts Department, admitted that "in mitigating labour disputes, the fundamental issue is to establish a collective bargaining system that would allow labour disputes to be managed and resolved within the enterprise. From this point of view, collective bargaining is the route we must take in defusing conflict and developing harmonious labour relations," according to a December 16, 2009, article (via Civil Society Net) in Liaowang magazine.
A January 5, 2010, China Labour Bulletin report on collective bargaining notes comments made by Han Dongfang, a well-known labor activist and Director of the China Labour Bulletin, a year earlier during the financial crisis:The long-term trend is clear. The only way the government can prevent greater social conflict is by giving more power to the workers not less. If workers have the right to negotiate as equals with the boss the chances of disputes turning violent will be greatly reduced. If on the other hand, the government ignores workers' rights and gives the boss free rein, the consequences will be very serious.
As for the recent spate of worker incidents, Han, writing in a June 17 International Herald Tribune editorial, reiterates the central theme of his previous argument that China is now in "an intensive phase of worker activism"—activism that resulted from the government's failure to address the core issues: "low pay, the lack of formal channels for worker grievances and demands, and the exclusion of migrant workers from education, health care and social services in the cities."
Worker Suicides and the Trappings of Urban Factory Life
In the first five months of 2010, 12 workers committed suicide at a factory compound in Shenzhen city, Guangdong province, belonging to the Taiwanese-owned electronics manufacturer Hon Hai Precision Industry Co., also known as Foxconn, according to a May 27 Radio Free Asia report. The causes of worker suicides should not be oversimplified. According to Leslie T. Chang, the author of Factory Girls: From Village to City in a Changing China, to boil down the spate of suicides at Foxconn's Shenzhen factories (see 1 above) to "a protest against working conditions is to deny a worker's complexity and humanity." Chang analyzes the suicides by considering the realities of a model for development that brings hundreds of millions of workers to factories far from home. She writes in a June 13 New York Times blog posting that factories are places where "[y]oung people [are] living away from home for the first time" and trying to get accustomed to a world of "fleeting relationships and crushing loneliness."
Generally speaking, factories "derive their economies of scale" from "1) knowing where to find all the 18-year-old girls, 2) convincing them to stay in factory dormitories, 3) training them to put the parts together, and 4) ensuring that no one takes too many toilet breaks," according to Andy Xie, an economist, writing in a June 7 Caixin essay. Xie states that "[l]abor management as a core competitive advantage in East Asia began in Japan" at the start of the Meiji era (1867) when the government "looked to the military for a role model," which had turned "farm boys into soldiers." As a result, "factory uniforms, morning exercises, company loyalty indoctrination, etc., thus became unique characteristics of Japanese factories"—a model that many managers in Taiwan, a former Japanese colony, adapted. Foxconn is a Taiwanese-owned company operating on the mainland that reportedly follows the so-called "military model," and runs the factory where the suicides took place. The Global Times reported on May 24 that nine labor advocates who embedded themselves in the Foxconn factory as workers later published an investigative report accusing the management of using "military style management" in which "managers always scold workers." The Global Times also paraphrased the leading advocate who wrote the report as saying that "some workers work 120 hours in overtime each month in order to earn a decent living."
For more information on China's labor laws and other issues relating to Chinese workers, please see Section II—Worker Rights in the Congressional-Executive Commission on China 2009 Annual Report.
| Source: -See Summary (2010-06-15 ) |
Posted on: 2010-07-11 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=142008 |
Central Leaders Hold Forum on Xinjiang, Stress Development and Stability as Dual Goals
July 8, 2010
Top central government and Communist Party leaders held a major "work forum" in May to set state economic and political objectives for the far western region of Xinjiang. Authorities at the conference defined promoting "development by leaps and bounds" and upholding stability as twin goals for the region. They also announced a series of initiatives to spur economic growth and to support social welfare. Following the forum, local leaders in Xinjiang unveiled concrete initiatives to implement the objectives of the May meeting, some of which could bring economic benefits to the region. Other initiatives, however, appear likely to clash with residents' rights, especially the rights of Uyghurs and other non-Han groups to preserve their cultures, languages, and livelihoods. The recent plans intensify a trend of top-down initiatives that prioritize state economic and political goals over the promotion of regional autonomy provided for under Chinese law and broader protections of XUAR residents' rights.
Work Forum Stresses Development and Stability
Central government and Communist Party authorities convened a central "work forum" on the Xinjiang Uyghur Autonomous Region (XUAR) in May that sets state objectives for the region's economic and political development. The meeting marks the first work forum directed at the XUAR. (Authorities have held five work forums to date addressing the Tibet Autonomous Region and, most recently, other Tibetan autonomous areas of China. See a related Congressional-Executive Commission on China analysis for details.)
Speaking at the forum, which met from May 17-19, Party General Secretary and President of China Hu Jintao stressed "development by leaps and bounds" and upholding long-term stability (kuayue fazhan he changzhijiu'an) as "major and pressing tasks" for the region. He described the two tasks as prompted by "activities of separatist forces to divide the motherland" and "contradictions" stemming from issues such as the growing needs of a "material culture." (See a May 20 Xinhua report describing the remarks of Hu Jintao and other top leaders at the forum for more details, as well as a May 21 China Daily report paraphrasing Hu's remarks.)
The forum was not reported to have addressed citizen grievances over longstanding political and religious controls in the XUAR (1, 2), and Hu emphasized carrying out current state policy toward ethnic and religious affairs in the region. Specific initiatives described at the forum!many of which represent a continuation or intensification of older measures, bolstered by pledges of increased funding!included more infrastructure construction; increased job creation; improved public services and poverty elimination programs; increased market access for XUAR industry; and renewed programs to promote "ethnic unity," "social stability," and security of border areas, according to the Xinhua and China Daily reports. In addition, the XUAR will institute tax reforms aimed at keeping resource revenue in the region, a reform that will be implemented elsewhere in China at a later date. (See a May 21 Caing article for details). Hu said that by 2015, the government would aim to improve the region's infrastructure, raise its capacity for self-development, and strengthen ethnic unity and social stability, according to the Xinhua report. In addition, it would aim to raise per-capita GDP to the national average and raise people's incomes and public service access to average levels found in western China. By 2020, the government will realize the goal of reaching the overall construction of a "relatively prosperous society" (xiaokang shehui), according to the report.
In a continuation of past stated initiatives, authorities stressed focusing development efforts on the southern XUAR. As noted in the CECC 2009 Annual Report, the southern XUAR is an area with a predominantly Uyghur population that has lagged economically behind areas of the XUAR with larger Han populations. Authorities also will channel development assistance to the Xinjiang Production and Construction Corps (XPCC), according to the Xinhua report. The PRC government first established the XPCC in 1954 as a means of settling demobilized soldiers and Han migrants to perform border defense functions and to support economic development. Han comprise roughly 87 percent of the XPCC population, according to 2008 statistics reported in an April 20 article from the XPCC. (Official statistics place Han at roughly 40 percent of the total population in the XUAR, as noted in the CECC 2009 Annual Report.)
Authorities Renew "Counterpart" Support Program
In advance of the forum, authorities renewed a program of "counterpart" support that matches provinces and municipalities in the interior of China with localities in the XUAR, with the stated aim of providing monetary, personnel, and other assistance in XUAR development efforts. Counterpart relationships have been in place in the XUAR for 13 years, according to a May 3 article in Liaowang, a journal published by Xinhua (available in PDF and in translation via Open Source Center, CPP20100507710003), but experts cited in the report said that counterpart relationships to date have suffered from problems including shortcomings in the legal system, insufficient implementation, and lack of oversight and followup. The current round of counterpart support expands the number of localities involved, readjusts the pairing between localities, and focuses on support for grassroots areas and the southern XUAR, according to the article.
Shenzhen municipality, which contains one of China's "special economic zones," has joined the counterpart support program, for example, and will partner with the city of Kashgar, according to the Liaowang article and an April 14 Xinjiang Daily report (via Open Source Center, CPP20100505480003). A Kashgar district Party official reported in May that central authorities approved the establishment of a Kashgar "Special Economic Zone" (SEZ) in Kashgar district, according to a People's Daily report (via Net Ease, May 21). See also a June 6 report from China News Net. A June 24 China Daily article reported that an economic development zone (described as "smaller in scale than an SEZ" with fewer preferential policies) would be established in the city of Kashgar, within Kashgar district. Following the May work forum, XUAR Party Secretary Zhang Chunxian reported that authorities would build Kashgar into a "modernized city with rich ethnic features," according to a paraphrasing of his remarks in a China News Net article (via Xinhua, May 28).
The remarks follow implementation in 2009 of a five-year demolition and resettlement project (1, 2, 3) in the Old City section of Kashgar that has razed traditional housing and historic structures in the area. During an early June visit to Kashgar district, XUAR government chairperson Nur Bekri elaborated on development plans in Kashgar, as reported in a June 6 Xinjiang Daily article. Speaking about employment issues, he promoted speeding up the transfer of rural laborers to jobs in the interior of China, a program that reportedly has been marked by coercion and labor abuses in some cases. He also emphasized "retaining high quality labor" and training personnel to build Kashgar as an economic development zone.
XUAR Authorities Announce Development Initiatives
Following the forum, XUAR Party Secretary Zhang Chunxian announced in late May a series of development initiatives for the region. He stressed some measures that could bring economic benefit to the region, along with other measures that may bring mixed results or that seem likely to intensify violations of residents' rights, especially the rights of Uyghurs and other non-Han groups to preserve their cultures, languages, and livelihoods. According to a May 28 China Daily report and May 28 Xinjiang Daily article, the measures include extending pension coverage to all elderly residents, boosting employment in the region, and moving 700,000 urban residents to earthquake-proof housing (a stated impetus of the controversial project to raze and rebuild the historic Old City of Kashgar), along with plans to resettle 100,000 herders and intensify Mandarin-focused "bilingual education" with the aim of having all students speak Mandarin by 2020. (See related CECC analyses 1, 2, 3 on "bilingual education," a program that has marginalized the use of Uyghur and other non-Han languages in XUAR schools.) Zhang also stressed that work would focus on strengthening the promotion of state ideologies, "ethnic unity" campaigns, and "Party construction" (a program that includes aims such as strengthening Party discipline, governance, and legitimacy and expanding Party organizations).
Chinese officials have widely publicized the work forum and called on various XUAR government agencies to promote the forum's goals. In a June 10 Xinjiang Daily report, for example, illustrating both the reach of the work forum as well as continued politicization of the judiciary, the XUAR High People's Court issued a notice calling on courts in the region to "study and implement" the "spirit" of the Xinjiang work forum. The notice calls on courts to "serve" the causes of "development by leaps and bounds" in handling various types of court cases. It also stresses striving to ensure the region's "long term stability" through steps such as punishing people who commit state security crimes, a category of offensives that, in some cases, has been used to quell peaceful dissent.
For more information on conditions in the XUAR, see Section IV!Xinjiang in the CECC 2009 Annual Report.
| Source: -See Summary (2010-06-03 ) |
Posted on: 2010-07-11 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=141407 |
Joint Editorial Calling for Hukou Reform Removed From Internet Hours After Publication, Co-Author Fired
March 26, 2010
China's hukou (household registration) system imposes strict limits on where Chinese citizens may legally reside. Since access to social services is tied to household registration, some migrant workers are more likely than local residents to face discrimination in areas such as education, healthcare, and housing. On March 1, 13 mainland newspapers, apparently echoing recent statements by several high-level Chinese officials, jointly published an editorial calling on People's Congress and Chinese People's Political Consultative Conference delegates to inquire about a timetable for hukou system reform. Just one day after its publication, however, the joint editorial!originally co-authored by Zhang Hong, a top editor at the Economic Observer!was removed from many of the news sites. And on March 9, Zhang was forced to resign.
The hukou (household registration) system imposes strict limits on Chinese citizens' ability to choose their permanent places of residence (see the Congressional-Executive Commission on China's topic paper on the hukou system). Given that social services are linked to hukou registrations, migrant workers who do not hold urban hukou registrations are more likely than than those who do to face discrimination when they attempt to access healthcare and education or find housing in China's cities!see previous CECC analysis on the barriers to education that migrants face.
In light of this, 13 mainland newspapers jointly published an editorial on March 1!just four days before the Third Plenum of the 11th National People's Congress (NPC) and the Chinese People's Political Consultative Conference (CPPCC) convened in Beijing!asking the delegates at these meetings, also known as the "Two Sessions," to demand a clear timetable for reforms from the relevant departments. A full English translation of the editorial is available here.
The 1,400-character joint editorial!co-authored by Zhang Hong, the deputy editor-in-chief of the Economic Observer!argues that China's Constitution "stipulates that the citizens of the People's Republic of China are all equal before the law, that the nation respects and protects human rights, and that the citizens' personal freedoms will not be infringed upon." The joint editorial goes on to make the following points: - "the current household registration policy has created unequal statuses among urban residents and between urban residents and peasants, constraining the Chinese citizens' freedom of movement";
- freedom of movement is "an inseparable part of human rights and personal freedom";
- even though the first generation of migrant workers labored to develop China's cities, their children still have no way to divest themselves of the status as migrants and must bear the predicament(s) faced by the previous generation, and the cities in which they live remain unwilling to accept them;
- though migrant workers work and pay taxes, just like other urban residents, they are unable to enjoy the same employment opportunities and social services such as medical treatment, education, and elderly care;
- the hukou system is "a breeding ground for corruption," as people have bought and sold hukous in many cities;
- while various cities have launched hukou reform measures, household registration still distresses "innumerable people caught in the trap of having to be on the move constantly";
- at a stage when China is beginning to adjust its internal economic structures to rely more on internal demand and optimizing natural resource use, hukou reform will be good for the people's welfare and also inject more dynamism into China's economy; and,
- the delegates at the "Two Sessions" should use the power that the people granted them and push for the abolishment of the 1958 Household Registration Regulations.
In fact, the joint editorial's message appears to echo some segments of several recent statements or essays by high-level Chinese officials on the need to reform the country's hukou system: - Agricultural Minister Han Changfu writes in a February 1 People's Daily essay calling on the central government to make the necessary policy and administrative preparations as more migrants become urban residents. Han explains that the new generation of migrant workers, born after 1990, have certain characteristics that set them apart from the previous ones: many of them have never laid down roots, have at least a junior high school education, are the only child in the family, and are more likely to demand equal access to employment and social services - and even equal political rights - in the cities.
- Political and Legislative Affairs Committee Secretary Zhou Yongkang, writing in a February 16 Qiushi Magazine essay entitled "Deeply Advance Resolving Social Contradictions, Renewing Social Management, and Clean and Just Enforcement in Order To Provide More Powerful Legal Protection for Sound and Speedy Economic and Social Developments," references the need to accelerate reform of the hukou management system and make efforts to resolve the challenges facing migrant workers including employment, residency, obtaining medical treatment, and child education.
- Premier Wen Jiabao, during a February 27 online chat with Web users, reportedly said that China would advance reforms of the hukou system for the new generation of migrant workers, according to a March 2 Global Times article.
However, even though the joint editorial appeared to be in line with the Chinese officials' statements, it disappeared from many of the 13 newspapers' Web sites just one day after its publication, according to a March 3 Wall Street Journal article. The Central Propaganda Department called the joint editorial's publication an inappropriate act, as the South China Morning Post reported (subscription required) on March 6. And on March 9, the New York Times reported that Zhang Hong, one of the joint editorial's authors, was reportedly "forced out of his job in a fresh warning that journalists who challenge government policy too directly face retribution."
In response to his dismissal, Zhang, writing in a March 9 letter to the Wall Street Journal titled "I am a Moderate Adviser," said that, given the previous statements by high-level government officials regarding hukou reforms, he thought during the drafting process that the joint editorial "would be in line with the direction of Chinese government reforms and with the broad public interest, and that the risks were not too great."
In the same letter, also published in Chinese by the Wall Street Journal Chinese Net, Zhang builds on the joint editorial's theme and writes: I have a firm conviction that legislation that disregards the dignity and freedom of the people will ultimately land on the rubbish heap of history. I hope that this system ultimately will be abolished. When the time comes I believe that many people will burst into tears from happiness and run around spreading the news.
Zhang also clarifies in the letter that his newspaper timed the editorial's publication with the opening of the "Two Sessions" in order to "express the media's wish to participate in China's overall reform," pointing out that the media can serve as a platform where the "voices of the masses" can be heard by the delegates who are supposed to "represent public opinion."
For more information on the conditions of migrant workers in China, see Section II!Worker Rights in the CECC 2009 Annual Report.
| Source: -See Summary (2010-03-15 ) |
Posted on: 2010-07-06 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=137617 |
Hong Kong Government Releases Proposals for Constitutional Reform
June 4, 2010
On April 14, 2010, the Hong Kong government released its Package of Proposals for the Methods for Selecting the Chief Executive and for Forming the Legislative Council in 2012. The package of proposals increases the membership of the Legislative Council and of the committee that selects the chief executive. However, the proposals reflect limitations imposed by China in a 2007 decision on constitutional reform.
Hong Kong's current electoral system and the proposed changes
On April 14, 2010, Hong Kong Chief Secretary Henry Tang presented the government's Package of Proposals for the Methods for Selecting the Chief Executive and for Forming the Legislative Council in 2012 according to a press release issued by the Hong Kong Economic and Trade Offices in the United States. Some Hong Kong citizens reportedly have grown frustrated with the pace of democratic reform. As reported in a January 27 New York Times article, "The political system in Hong Kong is increasingly paralyzed, and street protests are growing more confrontational as public dissatisfaction on economic issues and a lack of democracy is rising."
Hong Kong's current system for selecting the chief executive and for forming the Legislative Council (Legco) is set out in the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China. Annex I of the Basic Law provides that the Chief Executive is selected by an appointed 800 member "election committee" composed of representatives of four groups: (1) industrial, commercial, and financial sectors, (2) the professions, (3) labor, social services, religious, and other sectors, and (4) members of the Legislative Council, representatives of district-based organizations, Hong Kong deputies to China's National People's Congress, and representatives of Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference. As noted in a May 16 Financial Times article, the election committee is "dominated by pro-Beijing businessmen and community leaders." Under the proposals, the number of members of this committee would be increased to 1,200.
Annex II of the Basic Law provides for 60 members of Legco, 30 of whom are selected through direct geographically based elections and 30 through "functional constituencies." The Financial Times article refers to the functional constituency representatives as "primarily representing industrial and professional groups." Former Legco and chair of the Citizens Party, Christine Loh, now CEO of Civic Exchange,a Hong Kong-based public policy think tank, describes functional constituencies in a 2004 article published by the Jamestown Foundation (reprinted by the Association for Asian Research (online)). According to Loh, "some of the most influential voters are not even individuals but companies, making it extremely difficult to identify who really directs the voting decisions." The proposals would add 10 seats to Legco, 5 selected by functional constituencies and 5 directly elected, thus not changing the current 50:50 proportion. The Wall Street Journal, in an April opinion, refers to the role of functional constituencies as "a quirk of the Hong Kong system that allows business groups to elect MPs. Many of these groups are comprised of a few hundred people or less, and most are Beijing friendly." Though the functional constituency members are not selected through popular election, they wield substantial political power. The Basic Law, Annex II, Part II, provides that "passage of bills introduced by the government" require only a simple majority vote, but requires that the "passage of motions, bills or amendments to government bills introduced by individual members of the Legislative Council" require a majority vote of each of the two groups in Legco, those directly elected through geographically based elections, i.e. the geographical constituencies (GC), and those selected by the functional constituencies (FC). As Loh notes, "(t)his effectively means that 16 FC members can veto any proposal raised by the GC members" in Legco.
The proposals followed the Hong Kong government's issuance in November 2009 of the Consultation Document on the Methods for Selecting the Chief Executive and for Forming the Legislative Council in 2012, and a three-month consultation period, which ended on February 19, 2010. The scope of the government's proposals was constrained by a 2007 decision of the National People's Congress Standing Committee (NPCSC) concerning universal suffrage in Hong Kong, which provided that Hong Kong could not elect the chief executive or Legco by universal suffrage in the 2012 election, but that the chief executive may be elected by universal suffrage in 2017. The decision further provided that election of Legco by universal suffrage would only be possible after the chief executive is elected by universal suffrage, which would be some time after 2017 if Beijing agrees to allow direct elections of the chief executive in 2017. The next Legco election after 2017 will be in 2020, by which time 23 years will have passed since Hong Kong was handed over to China in 1997. According to the NPCSC decision, any bill for amending the current voting methods for the chief executive or for Legco must be approved by the NPCSC, thus giving the mainland authorities veto power over any proposals for universal suffrage in Hong Kong. In an announcement on the day the Hong Kong government issued its proposal, Qiao Xiaoyang, the deputy secretary general of the NPCSC, said that the legal effect of the 2007 decision was "beyond any doubt," according to an April 15 report titled, "Beijing seeks to end doubt on polls" in the South China Morning Post(subscription required).
Impact of the HK government's proposals, if implemented
The U.S. Department of State's 2009 Human Rights Report: China (includes Tibet, Hong Kong, and Macau) notes that the ability of citizens in Hong Kong to "participate in and change their government" is limited, and "[d]isproportionate political influence is granted to certain sectors of society through the existence of small-circle 'functional constituencies,' that elected half of the LegCo." The Hong Kong government's proposals, which Democratic Party chair Albert Ho has characterized as "making small changes to a bird cage," according the Wall Street Journal's opinion piece, do little to make the government more democratic. The current system of having a selection committee appoint the chief executive, and the role of the functional constituencies do not change. There is only a minor expansion of the numbers of participants. The proposals must be approved by a two-thirds vote in Legco. However, according to a May 3 South China Morning Post article, the government said it did not yet have the votes in Legco to pass its proposals. On May 11, the South China Morning Post said in an editorial that "all democratic legislators had rejected the package."
Two provisions of the Basic Law address prospects for democracy in Hong Kong. Further, according to a China Elections and Governance article of March 19, 2009, "Hong Kong's political future," Beijing had made formal assurances prior to the 1997 handover that Hong Kong could "make its own decisions about Legislative Council reform without referral to Beijing." According to the Wall Street Journal opinion, "Hong Kong was, after all, promised 'the ultimate aim' of universal suffrage for legislative and chief executive elections, starting in 2007." The January 28, 2010, article in the New York Times reported that the pro-democratic parties in Hong Kong are frustrated that China has "delayed or backtracked on commitments it made in the 1990s to allow people to directly elect a majority of lawmakers in the territories Legislative Council." As to provisions in the Basic Law itself, Article 45 provides that, "The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures." Article 68 provides, "The ultimate aim is the election of all the members of the Legislative Council by universal suffrage."
| Source: -See Summary (2010-05-13 ) |
Posted on: 2010-06-13 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=140737 |
Chinese Human Rights Defender Gao Zhisheng Disappears Again
June 4, 2010
Prominent Chinese human rights attorney Gao Zhisheng, who in late March 2010 resurfaced after having disappeared for more than a year, has again gone missing. The latest disappearance comes only a month after Gao reappeared in public following his nearly 14 months in what experts on the case describe as official custody. In late March and early April, Gao made contact with friends and family and gave several interviews, during which he reportedly appeared to be under surveillance. Multiple international news outlets now have reported that Gao failed to return to Beijing after visiting with family in western China in mid-April, and has again disappeared.
Weeks after reportedly "resurfacing" in late March 2010, prominent Chinese human rights attorney Gao Zhisheng disappeared again in mid-April, according to an April 30 New York Times (NYT) article and a May 1 Voice of America article. In early April, Gao gave several interviews to foreign reporters, claiming he had been "released" months earlier and had ended his human rights campaigning in hope of being reunited with his family. The extent of the restrictions imposed on Gao's freedom of movement and association after this reported "release" remain unclear. Gao provided few details of his circumstances or of his 14-month disappearance, according to a March 28 BBC News article. Gao's case has attracted international attention due to his legal advocacy on behalf of religious minorities, including underground Christians and the banned Falun Gong spiritual group, ethnic minorities, rural farmers, and human rights activists.
Reappearance in Late March
On March 28, 2010, NYT reported that Gao had resurfaced at Wu-Tai Mountain, a sacred Buddhist landmark in Shanxi province. Gao told reporters, via phone, that he had been "released" by authorities six months earlier, and that he had "no plans to return to his work as a rights defender," according to a March 28 Reuters article and the March 28 NYT article. While Gao repeated those assertions in later interviews, the Reuters and NYT articles indicated that Gao appeared guarded and the Reuters article noted that Gao appeared "under some sort of police surveillance." After Gao's most recent reported disappearance, an April 30 South China Morning Post article (subscription required) reported on an interview with Gao in early April. An April 30 article on the U.S. Asia Law Web site (by the same author) apparently reported on the same interview, saying "[d]espite obviously knowing that his apartment was tapped by Chinese security agents, and saying that the police had threatened the possibility of forcibly sending him to a third country if he spoke to the media, the human rights defender was quite outspoken during the conversation, seemingly contradicting statements...in which he was quoted as saying that he had given up activism." According to the article, "[d]uring his meeting with this reporter, Gao asked that he not be quoted regarding his treatment while in captivity, or his political views, saying, 'We¨re talking as friends!if this is reported, I¨ll disappear again.'"
Background: Gao Zhisheng
A self-taught lawyer, Gao has repeatedly angered Chinese authorities by taking on sensitive cases and by exposing human rights abuses in China. In October 2005, Gao wrote an open letter to President Hu Jintao and Premier Wen Jiabao detailing torture of Falun Gong practitioners. A month later, authorities shut down Gao's law firm and revoked his lawyers' license. In December 2006, Gao was convicted of "inciting subversion of state power" and was given a three-year sentence, suspended for five years. After writing an open letter to the U.S. Congress in September 2007, Gao was reportedly detained and tortured for more than 50 days. In February 2009, Gao was forcibly taken by public security personnel in his hometown in Shaanxi province. Chinese officials, over the past year, have offered conflicting accounts of Gao's whereabouts and the conditions of his detention.
For more information on Gao Zhisheng and other Chinese human rights defenders, see Section II!Human Rights!Criminal Justice in the CECC 2009 Annual Report.
| Source: -See Summary (2010-05-06 / English) |
Posted on: 2010-06-04 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=140460 |
Statement of the Chairman and Cochairman on the Twenty-first Anniversary of the Suppression of the Tiananmen Square Democracy Protests
June 4, 2010
Twenty-one years ago, as students, government employees, journalists, workers, police, and other citizens calling for democratic reform gathered in Beijing¨s Tiananmen Square, and in over 100 other Chinese cities, thousands of armed forces moved into Beijing. Training its firepower directly onto crowds around Tiananmen Square, the People¨s Liberation Army killed or injured thousands of unarmed civilians. We express our sympathy to the relatives and friends of those killed on that day, and we stand with those who were unjustly wounded, detained, or imprisoned and with those who continue to suffer today.
We call on the Chinese government to end its harassment and detention of and its discrimination against those who were involved in the 1989 protests, not only in Beijing, but in other parts of China where protests took place, and to end its harassment, detention and imprisonment of those who continue to advocate peacefully for political reform. We call on the Chinese government to permit Tiananmen protest participants who escaped to or who are living in exile in the United States and other countries, or who reside outside of China because they have been `blacklisted¨ in China as a result of their peaceful participation in democracy protests, to return home to China, without risk of retribution or repercussion.
Today, we honor the memory and courage of those who were injured, ill-treated or who lost their lives in the 1989 protests. Those in China who demand a full and impartial investigation into and accounting of the events surrounding June 4, 1989 and those who continue to advocate peacefully for democratic reform deserve our unconditional support.
| Source: -See Summary (2010-06-04 ) |
Posted on: 2010-06-04 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=141463 |
Environmental Activist Wu Lihong Released, Alleges Abuse
June 4, 2010
Wu Lihong, a long-time environmental activist, was released from prison in Jiangsu province in April 2010 after serving a three-year sentence for fraud and extortion. Prior to his incarceration, Wu had spent years documenting pollution in the Lake Tai area of Jiangsu province. His environmental activism had made him the target of harassment over many years, but also reportedly resulted in heightened regulatory scrutiny of polluting enterprises. Wu claims that he is innocent of all charges, maintains that his confession was coerced, and has alleged mistreatment in prison. Wu's two appeals in Jiangsu courts were unsuccessful but he plans to file another appeal with the Supreme People's Court in order to challenge the original verdict in his case, to obtain compensation, and to set in motion an investigation into his allegations of mistreatment.
Authorities in Yixing city, Jiangsu province, released environmental activist Wu Lihong from the Dingshan Prison on April 12, 2010, after Wu completed a three-year sentence for alleged fraud and extortion, according to an April 12 Radio Free Asia (RFA) article (in Chinese). Prior to his detention, Wu had spent years documenting pollution in the Lake Tai area in Jiangsu province. After his release, Wu repeated allegations that he was forced to confess to the crimes, and alleged that prison officials had subjected him to abuse during his detention and imprisonment from 2007 to 2010, according to a May 11 Agence France-Presse (AFP) article and a May 11 RFA article (in Chinese). Specifically, Wu told AFP that officials subjected him to repeated beatings in prison, kept him in solitary confinement in a windowless cell, denied him visitors and phone calls to family and friends, and made him run for long periods throughout the day. In addition, Wu told RFA that he was kept under "strict control" (yanguan)!which meant that other prisoners were not allowed to talk to him, and that he was given a little more than a minute to eat his meals while "lying prostrate like a dog." Wu also told RFA that during his interrogation in detention in 2007, domestic security personnel (guobao) whipped him with willow branches, burned him with cigarettes, kicked him, and verbally threatened him when he refused to confess. His lawyer was not allowed to see him for a period of time and also claims he was tortured, according to an August 3, 2007, Financial Times article (via Pacific Environment).
Article 247 of the PRC Criminal Law and provisions issued by the Supreme People's Procuratorate in 2005 prohibit and provide for the punishment of the use of torture to coerce a confession. Article 248 of the PRC Criminal Law provides for criminal punishment of prison, jail, and detention center officials found to have beaten inmates or detainees or subjected them to corporal punishment or abuse, or found to have ordered other inmates or detainees to do so. In addition, the Ministry of Justice issued prohibitions in February 2006 that strictly prohibit beating or subjecting inmates serving a prison (or reeducation through labor (RTL)) sentence to corporal punishment, or instigating others to beat or subject such an inmate to corporal punishment. These prohibitions subject prison and RTL officials to sanctions ranging from warnings to dismissal or, where the behavior may constitute a crime, to criminal punishment. The Chinese government is further bound by the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) which it ratified in 1988.
Wu documented the pollution at Lake Tai in Jiangsu province for 17 years, and, prior to his detention and imprisonment, submitted evidence he collected, including samples of water, to provincial- and central-level officials through the xinfang (petitioning) system (see CECC 2007 Annual Report, p. 138). "Between 1998 and 2006, the environmental protection agency of Jiangsu Province recorded receiving 200 reports of pollution incidents and regulatory violations from Mr. Wu," according to an October 14, 2007, New York Times (NYT) article. For his activism, the National People's Congress named him an "Environmental Warrior," in 2005. However, Wu and his family also reportedly suffered harassment related to his complaints about pollution. Wu and his wife reportedly lost their jobs, and the police interrogated and detained him. On April 13, 2006, police confiscated his computer and other belongings, detained him, and then indicted him, according to the October NYT article. His trial, originally scheduled for June 2007, was put off in order to investigate accusations of torture, according to an August 11, 2007, Reuters article. The Yixing People's Court sentenced him on August 10, 2007, to three years' imprisonment for fraud and extortion, ruling that there was no evidence he had been tortured, according to the Reuters article and the October NYT article. The court also fined him 3,000 yuan (US$400) and ordered him to return the money he allegedly extorted from enterprises, according to an August 12, 2007, Straits Times article (subscription required).
Wu told RFA in the May 11 report that he had filed two unsuccessful appeals and now planned to appeal his case to the Supreme People's Court. He said he was seeking to overturn the verdict, obtain compensation, and push for an investigation into those responsible [for his mistreatment]. An intermediate people's court in Wuxi rejected Wu's first appeal in 2007 without holding a hearing, according to a November 6, 2007, NYT article. Wu's wife later filed an unsuccessful appeal with the Jiangsu High People's Court in Nanjing, according to a May 1, 2008, article in the Economist (subscription required).
Wu Lihong's detention and imprisonment underscore the problem that whistleblowers in China do not enjoy adequate legal protections and risk retribution for their whistleblowing activities. "Fear of retribution is a major concern for whistleblowers" in China, according to a March 26, 2009, Asia Times article. Wu's case also underscores the concern expressed in a December 2008 report by the UN Committee Against Torture about "continued allegations, corroborated by numerous Chinese legal sources, of routine and widespread use of torture and ill-treatment of suspects in police custody, especially to extract confessions or information to be used in criminal proceedings" in China.
For additional information on Wu Lihong's case see the CECC Political Prisoner Database and Section IIEnvironment in the CECC 2007 Annual Report (pp. 138). For more information regarding the rights of criminal suspects and prisoners see the subsection "Torture, Abuse, and Deaths in Custody," in Section IICriminal Justice in the CECC 2009 Annual Report and Section V(b)Rights of Criminal Suspects and Defendants, in the CECC 2006 Annual Report.
| Source: -See Summary (2010-05-14 / English) |
Posted on: 2010-06-04 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=140774 |
National People's Congress Standing Committee Issues Revised State Secrets Law
May 20, 2010
In late April 2010, the National People's Congress Standing Committee issued the revised Law on the Protection of State Secrets which takes effect in October. The revised law maintains the vague and broad definition of state secrets under the existing law that has made it susceptible to abuse by officials. It remains to be seen whether the revised law will lead to less arbitrary determinations of state secrets and whether Internet and other public information network providers will be required to do more to locate and remove state secrets.
On April 29, 2010, the National People's Congress Standing Committee passed the revised Law on the Protection of State Secrets (2010 Law), to replace the existing law in effect since 1989 (1989 Law). The definition of "state secrets" in the 2010 Law remains vague and broad despite the central government news agency's claim that the new definition narrows the scope of state secrets. The 2010 Law will take effect on October 1, 2010. Under the current state secrets legal framework, Chinese officials have wide latitude to declare almost any matter of public concern a state secret. Officials have used the state secrets designation to punish rights activists such as Huang Qi and journalists such as Shi Tao, treat information on government policies such as the death penalty a state secret, deny requests for government information, and deny criminal defendants access to counsel and an open trial.
2010 Law's Impact on Definition of State Secrets
The definitions of state secrets in both the 2010 Law and 1989 Law are similar and the wording changes do not appear to narrow the definition's scope. The 2010 Law retains the original wording for Article 2, which sets forth the following requirements for information to be a state secret:
(1) the information must relate to "state security and national interests";
(2) it must have been determined to be a state secret "in accordance with legally defined procedures"; and
(3) knowledge of it must be restricted to a defined scope of personnel for a defined length of time. As in the 1989 Law (Article 8), the 2010 Law contains a provision (Article 9) that provides a list of specific categories of "secret matters" that may constitute a state secret. This includes secrets concerning major policy decisions on state affairs, national economic and social development, and science and technology. This list remains unchanged in the 2010 Law, preserving the broad categories that give officials wide discretion to declare information a state secret, including the catch-all Item 7: "other matters that are classified as state secrets" by the department in charge of protecting state secrets. Furthermore, it is unclear whether this list is intended to be exhaustive. There is no language that says a state secret is limited to "only" information falling into these categories.
Xinhua, the central government's news agency, published an April 29 report that claims new language at the beginning of Article 9 provides a clearer definition of state secrets. Specifically, the Xinhua report points to language that says information falling into one of the categories should be classified as a state secret if it also meets the condition that "if leaked, [it] could harm the state¨s security and national interests in the areas of politics, economy, national defense, foreign relations, among others" (emphasis added). There are several reasons that this additional language does not narrow the scope of state secrets. First, the 1989 Law already contained an implicit requirement that information is considered a state secret if disclosure would result in some harm to "state security and interests" (Article 9). Second, the references to "politics, economy, national defense, foreign relations" are not exhaustive, as indicated by the use of "among others" (deng). Third, such categories are broad enough to encompass a wide array of information. Finally, officials may still rely on the catch-all Item 7 to declare information a state secret.
Reduction in State Secrets?
The Xinhua article also cites Professor Wang Xixin of the Peking University Law School as saying the 2010 Law would lead to a reduction in the number of state secrets because there are now fewer government department levels with the power to classify state secrets. It is, however, unclear whether there will be a reduction in the number of state secrets and what the significance of a reduction will be if it occurs. New provisions that more specifically designate who within a state agency (guojia jiguan) or unit (danwei) is responsible for determining a state secret (Article 12), require officials to conduct periodic audits of whether certain state secrets may be disclosed (Article 19), and provide limits on the period of time information may be classified as a state secret (Article 15), may reduce the number of state secrets without significantly narrowing officials' substantive discretion to declare information a state secret. The new law does not provide for any judicial review of a state agency's determination that information is a state secret. Furthermore, the new law introduces a more robust set of legal responsibilities and penalties (Section 5) that could pressure officials into declaring more information a state secret, although Article 49 also contains a penalty for officials who wrongly declare information a state secret.
Internet and Other Network Providers
The 2010 Law also contains a new Article 28 which requires "Internet and other public information network operators and service providers" to cooperate with authorities' investigation of state secret leaks and upon discovering a leak to stop transmission of the secret, preserve any relevant records, and notify officials. An official has said that existing regulations already contain similar requirements but that the inclusion in a law was needed to "keep up with the seriousness, speed and concealed nature of secrets leaked over new technologies," according to an April 29 New York Times article.
For information on how China's legal framework for state secrets denies citizens access to information on important government policies and denies criminal defendants access to counsel and an open trial, as well as for more information on political prisoner cases involving state secrets see pp. 5, 47-48, 52, 65-66, 107, 108, 141, 200, and 257 in the CECC 2009 Annual Report.
| Source: -See Summary (2010-05-06 ) |
Posted on: 2010-06-04 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=140456 |
Hukou Reform Experiment Begins in Guangzhou
May 19, 2010
China's hukou (household registration) system imposes strict limits on where Chinese citizens may obtain legal residence. Limited reforms, however, are currently taking place in Guangzhou city, Guangdong province. Guangzhou's Public Security Bureau has directed various levels of city officials, starting in May 2010, to begin implementing a hukou reform experiment, originally proposed last summer, to phase out the rural and non-rural hukou distinctions over the next five years. In addition, the mayor of another major city, Chongqing, announced on May 5 that hukou reform will be among his top priorities.
The Legal Daily reported on May 4, 2010, that Guangzhou's Public Security Bureau had directed district- and county-level party committees and governments to begin implementing an experiment, officially proposed last summer, to gradually transform its hukou registration system into one that will simply identify residents as holders of Guangzhou's "residential hukous"!an experiment intended to phase out the existing rural and non-rural distinctions. The changes are expected to take five years, and the Legal Daily explains that the process will "gradually reform the various kinds of policies of differentiation that accompanied the [old] hukou system."
The Guangzhou government originally launched the reform experiment in July 2009 with the release of the Implementing Opinion Regarding the Advancing of Urban-Rural Hukou System Reforms. A July 30 Southern Daily article (via Xinhua) reported at the time that the changes would commence within one year at the earliest. The government's reform plans, once they begin, will move forward separately for rural and non-rural hukou holders, and the speed and method of the changes will depend on a resident's existing registration status.
Specifically, for holders of rural hukous, the city government will grant unified residential hukous in the following ways:
- In Nansha and Luogang Districts, rural hukou holders will receive unified hukous within one year;
- in Baiyun, Panyu, and Huadu Districts, the timeline will be within three years;
and
- in county-level cities Zengcheng and Conghua, the timeline will be within five years.
For holders of non-rural hukous, the document states that all residents in Guangzhou's 10 administrative districts and 2 county-level cities will receive "residential hukous" within one year.
According to unnamed experts cited in the Legal Daily article, the core question surrounding the reforms is how to achieve "equal identities" for all residents, since even when unified hukous are issued, many migrant workers will continue to face difficulties because "various accompanying policies" still need to be reformed. The article says that there will be a "transitional phase" for officials to closely monitor the migrants' adjustments in the city!which means that, even in their new unified hukous, migrants will continue to have special markers so that various government departments, such as social security, employment, and population planning, can apply the appropriate policies for them. The article did not, however, mention how long the "transitional phase" would last.
Without offering a timeline, the Guangzhou government's document indicates that identity cards will replace hukous as the "core identification system" of the new "social management method." China Radio International said in an April 30 article that "a dedicated ID card administrative body and an ID database will be set up to record various details of residents, including employment, marriage, credit, and social security."
Aside from the reforms in Guangzhou, a May 6 Chongqing News article reported that the Mayor of Chongqing, Huang Qifan, announced on May 5 that hukou reform will be one of his six top reform priorities for this year, stating that the city will "comprehensively push forth hukou reform" and "perfect the supporting system and accompanying policies." In a related development, since December 25, 2009, the government of Dalian city in Liaoning province has granted over 400,000 "permanent residence permits" to migrant workers who formerly held "temporary residence permits," enabling them to enjoy the same rights and benefits!such as social insurance, education for their children, and employment services!that other residents already received, according to a May 7 Liaoning Daily article.
The developments in Guangzhou and Chongqing follow several months of high-profile public discussions over the need to reform China's existing hukou registration system. On March 1, 13 Chinese newspapers jointly published an editorial calling for the abolishment of the hukou system!see previous CECC analysis on the joint editorial. And in February and March, Agricultural Minister Han Changfu, Politburo Member Zhou Yongkang, and Premier Wen Jiabao all mentioned the necessity of hukou reform in their public remarks and essays.
For more information on China's hukou system and migrant workers, please see Section II!Worker Rights in the Congressional-Executive Commission on China 2009 Annual Report and the CECC's topic paper on the hukou system.
| Source: -See Summary (2010-05-06 ) |
Posted on: 2010-06-04 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=140486 |
Urumqi and Xinjiang Authorities Increase Oversight of Migrants, Rental Housing
May 27, 2010
Authorities in the far western region of Xinjiang have stepped up monitoring of migrants in the past year, following demonstrations and rioting in the Xinjiang capital of Urumqi in July 2009. Some of the measures, especially controls over rental units in Urumqi that house migrants, appear to target Uyghurs who have migrated to the city from other parts of Xinjiang. Authorities allege that Uyghur migrants who were involved in events in July had lived in Urumqi in unregulated rental housing. Urumqi authorities passed a formal regulation in April to regulate rental housing. Other recent steps to regulate migrants in Xinjiang appear to apply to all migrants in the region, including migrants to Xinjiang from other parts of China.
The Urumqi municipal People's Congress Standing Committee in the Xinjiang Uyghur Autonomous Region (XUAR) passed a new regulation on April 23, 2010, that regulates the management of rental housing, in a step one official connected to problems allegedly stemming from the city's large "floating population" of migrants, according to an April 26 Tianshan Net report. Among other stipulations, the regulation requires people renting out housing to register with their neighborhood or village committee within 15 days of signing, modifying, or canceling a rental contract. The committee, in turn, is to conduct an on-the-spot verification and submit the rental files to the local office in charge of rental managements. Where files are "standard" and "conform to conditions" (fuhe tiaojian), authorities will issue rental credentials, according to the regulation. Those renting out housing who do not register will face confiscation of illegal rental earnings and fines of up to five times their monthly rental fees. The regulation will enter into force upon review by the XUAR People's Congress Standing Committee, according to the report. (See also a May 18 Xinhua report.) An official from the Standing Committee's Legal Committee, cited in the report, connected the regulation to the city's migrant population. The official said that migrants' living arrangements increased "difficulties" for social management and said that the "three forces" of terrorism, separatism, and religious extremism, along with some criminals, used rental housing as stopovers, influencing social order in the city. The Urumqi People's Congress Standing Committee launched work to legislate on rental housing after demonstrations and rioting in Urumqi in July 2009, according to the report, events that authorities have portrayed as violent criminal activity organized by overseas Uyghur groups and carried out by the "three forces" in the XUAR.
The regulation follows other steps in the past year to regulate rental housing in Urumqi, and some of the steps appear to target Uyghur migrants to the city. Some authorities alleged that migrants involved in events in July had lived in Urumqi in unregulated rental housing. In August, Urumqi authorities launched a "clean-up and reorganize" campaign targeting "disorderly" migration and "chaotic" rental managements, after events in July "exposed bottlenecks" in the management of rentals and migrant populations, according to an August 9, 2009, Xinhua report (via People's Daily). An August 10 article in the South China Morning Post (subscription required) paraphrased an anonymous official as saying the campaign in Urumqi "was implemented because suspects who participated in the July 5 riot were found to have been living in rented houses in Urumqi for years without registering their presence in the city." Notices posted throughout the city stated, "The majority of detained criminal suspects from the [July 5] serious violent incident of beating, smashing, looting, and burning had hid in rentals before the incident. Rentals became their hideout for pursuing terrorist activities," according to the Xinhua report. The Tianshan district government in Urumqi issued an order, effective August 2, requiring all rentals to be registered within a set time period or face "investigation and prosecution," the article reported. In addition, the Urumqi government issued a notice on "rectification" work toward migrants and rentals that called on people renting out housing to apply to register with the local public security office and report tenants who have committed or are suspected of having committed crimes, according to the report. Urumqi authorities bolstered formal controls over rental housing in November by implementing a set of temporary measures (zanxing banfa) on the management of rental housing in the city, as reported in a November 22 Tianshan Net report. The measures included registration requirements and stipulated fines up to 30,000 yuan (US$4,394) for renting rooms deemed inappropriate or non-compliant with standards.
Some districts and neighborhoods in Urumqi reported on implementing the November measures as well as passing additional directives to target rental units that house migrants. The Heijiashan area of Tianshan district in Urumqi reported that landlords were required to present their identification cards, household registration permits, property certificates, and land certificates to register rentals with local authorities in accordance with the November Urumqi-wide measures as well as additional measures implemented in Heijiashan, according to a November 20 article from Urumqi Online (via Xinhua). A November 23 Xinhua article reported that since the Heijiashan management board issued the Heijiashan measures in September, over 900 tenants who "didn't conform to rental terms" had been "advised" to leave. The article described Heijiashan as a high-crime area that has "attracted large numbers of workers and unemployed people from areas such as Kashgar, Hotan, and Yili," localities that have predominantly or otherwise large Uyghur populations. The Shuimogou district government in Urumqi reported tightening oversight of migrants and rental housing in the process of implementing the November Urumqi-wide measures, according to a December 2 Urumqi Online article (via Xinhua). The steps to tighten oversight included gathering data on migrants and "screening out and striking hard" against "itinerant society" and "illegal activities such as concealing the 'three forces' in rental housing."
The rental controls have accompanied official pledges and other steps to monitor migrant communities both in Urumqi and throughout the XUAR, developments that appear directed at both internal migrants within the XUAR and migrants from outside the region. In February, the mayor of Urumqi was paraphrased as saying the city would keep "a closer eye on migrants¨ communities" and other groups as part of work to uphold "social stability," according to a February 5, 2010, Xinhua report. In March, the chairperson of the XUAR People¨s Congress Standing Committee said the XUAR government would further standardize "management" of and "services" for migrants throughout the XUAR, according to a March 11 Xinhua article. He added that authorities also would strengthen ethnic unity education, noting that migrants to the XUAR from elsewhere in China still were somewhat "deficient" in their "recognition of the importance of ethnic unity," the article reported. In December 2009, the XUAR People's Congress Standing Committee made revisions to the region's Regulation on the Comprehensive Management of Social Order that increase oversight of migrants, placing "management" of and "services" for migrants, along with management of rentals, as one of 12 "main tasks" for social order work (Article 5(7)). (See also Articles 14, 19, 36, and 42 for other references to migrants and rentals, compared to one reference in Article 29 of the previous version of the regulation.)
Recent regulations on social order issued by provincial-level governments elsewhere in China also include attention to migrants and rental housing, consistent with general central government concerns over the issues, but appear to lack provisions as extensive as those in the XUAR regulation. See regulations from the provinces of Zhejiang (Article 12), Hubei (Articles 6(5), 25), Jilin (Articles 5(3), 29), and Shanxi (5(5), 12(3)), and the Tibet Autonomous Region (Articles 4, 12).
The measures targeting migrants are part of broader steps in the XUAR to tighten security in the region in the aftermath of the July 2009 demonstrations and rioting. For more information on conditions in the XUAR, see Section IV!Xinjiang in the CECC 2009 Annual Report.
| Source: -See Summary (2010-05-05 / English) |
Posted on: 2010-06-04 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=140397 |
Shenzhen Expands Measures Against "Abnormal Petitioning"
May 11, 2010
On April 15, 2010, public security authorities in the city of Shenzhen issued an announcement introducing a new policy restricting citizens from obtaining local residence permits if they have engaged in activities specified in the announcement including "abnormal petitioning." The directive follows a joint circular issued in November 2009 in Shenzhen city outlining penalties, including reeducation through labor (RTL), for citizens accused of 14 different types of "abnormal petitioning." Various other local governments have issued circulars similar to Shenzhen's that make "abnormal petitioning" subject to punishment. Several citizens in Guangxi Zhuang Autonomous Region reportedly have been sent to reeducation through labor centers for "abnormal petitioning."
The Shenzhen municipal Public Security Bureau (PSB) announced on April 15, 2010, that seven categories of people, including certain groups of petitioners, would be put on a "black list of people unwelcome in Shenzhen and who would not be eligible to apply for a residence permit," according to a copy of the announcement on the municipal PSB Web site and an April 17 Xinhua editorial. The Shenzhen policy appears to restrict the granting of Shenzhen city residence permits to citizens who have engaged in specified types of petitioning behaviors:
- those who continue to petition regarding issues that authorities already have deemed to be "closed"
- those who have signed an agreement to "stop complaints and end appeals" (tingfang xisu) but who have continued nonetheless to petition higher level authorities
- those who violate National Xinfang Regulations or other laws and regulations by "bypassing immediate levels" to take their complaints to higher administrative levels and engaging in "abnormal petitioning"
The announcement also lists six other categories of people not eligible for residence permits:
- those "who are or are suspected of engaging in activities that endanger state security"
- those "who participate in or are suspected of engaging in cult organization activities"
- those "suspected of being on the run because of involvement in a crime"
- those "criminally punished" for past violent criminal acts specified in the announcement
- those "criminally punished for being engaged in, participating in, covering up, or coordinating terrorist activities"
- those "criminally punished or detained for engaging in, participating in, covering up, or coordinating drug dealing"
A "person responsible" for managing the approval of residence permits said that Shenzhen "does not welcome those...who would damage social stability" and that "the goal of the residence permit system is to guarantee citizens' lawful rights, to promote a harmonious society, and to strengthen social management," according to an April 16 Guangzhou Daily article. The person also said that public security officials would be responsible for determining whether an individual could be classified as belonging to any of the seven categories listed above. The person noted that the PSB had established a channel for appeals and that those people who have "turned over a new leaf" and had not had a criminal record for at least three years from the date of their last offense would be eligible to apply for a residence permit.
The Xinhua editorial questioned the Shenzhen policy announcement by noting that including people deemed to have been involved in abnormal petitioning on an "unwelcome black list" may cause "social unease" because it is unclear if government departments have the authority to "label" citizens as unwelcome. The editorial suggested that government authorities are exceeding their authority by placing people who take their grievances to higher level officials on a "black list." It also suggested that this practice would mean there was no guarantee that citizens' rights and interests would be upheld, and that the reasons why citizens take their grievances to higher levels could be obscured. An April 19 Xinkuai Net editorial, a Worker's Daily editorial (reprinted on the Chinese News Net Web site on April 20), and an April 17 China Daily editorial, raised questions regarding the possible discriminatory nature of the "black list," called for the cancellation of the policy, or stated that authorities should not threaten the deprivation of residency rights, but instead should make use of relevant laws to deal with citizens that travel to higher level administrative regions and engage in "abnormal petitioning."
A second statement appeared on the Shenzhen city PSB Web site, apparently posted a few days after the initial announcement responding to queries from the public about the initial announcement, stating that Shenzhen authorities "place great importance on protecting citizens' legal rights to petition higher-level authorities[.]" In addition, it stated that "to protect fully citizens' rights of freedom of movement and freedom of residence, citizens who take their grievances to higher levels of authority will receive equal treatment[.]" "Regardless of whether or not petitioners stop complaints and end appeals, as long as they meet the conditions for a permit, they will receive one." The second announcement, however, does not nullify the new policy.
The new Shenzhen PSB policy comes after the issue of a joint circular by the Shenzhen Intermediate People's court, Procuratorate, PSB, and Justice Bureau, as reported in a February 2010 Congressional-Executive Commission on China (CECC) analysis, that identified 14 types of prohibited "abnormal petitioning" behavior and corresponding administrative punishments. As reported in a November 13 Xinhua article, under the PRC Legislation Law, mandatory measures and penalties involving deprivation of citizens of their political rights or restriction of the freedom of their person must be enacted by the National People¨s Congress or its Standing Committee. This calls into question the validity of locally issued circulars such as the one issued in Shenzhen. Nonetheless, other localities in China also have issued circulars similar to that issued in Shenzhen that prohibit "abnormal petitioning" including three (reposted on Boxun) in Inner Mongolia Autonomous Region, Jiangsu province, and Wuhan municipality. The local directives have been used as the legal foundation for sending citizens to RTL centers. Citizens from at least one area in Guangxi Zhuang Autonomous Region have been sent to RTL centers for "abnormal petitioning" according to an RTL decision document posted February 7 on the Chinese Human Rights Defenders Web site.
For more information on Shenzhen's efforts to stop citizens from taking their grievances to higher level authorities, see a previous CECC analysis. For more information on China's xinfang system, see Section III!Access to Justice in the CECC 2009 Annual Report, p. 238.
| Source: -See Summary (2010-04-30 / English) |
Posted on: 2010-06-04 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=140222 |
Communist Party Controls Media Coverage of Yushu Earthquake
April 29, 2010
Communist Party officials reportedly banned journalists from outside Qinghai province from covering the large earthquake that struck the Yushu Tibetan Autonomous Prefecture on April 14, 2010, although many media appeared to ignore the ban. In addition, a top Party official told Chinese media to propagate several themes in their reporting, including the government's response to the disaster, the "good(ness)" of the Communist Party, and ethnic groups "uniting" in disaster relief. In keeping with the Chinese government's response to other recent disasters, authorities have sought to establish the official narrative through faster reporting that follows the Party line while censoring other sources of information that may be critical of the government's response.
Communist Party propaganda officials reportedly issued a notice banning media from outside Qinghai province from covering a large earthquake that struck the region on April 14, 2010, according to an April 15 South China Morning Post (SCMP) article (subscription required). SCMP said the notice came from the Party's "publicity department," an apparent reference to the Central Propaganda Department. The notice reportedly told newspaper editors to recall journalists sent to the area, citing reasons of safety. SCMP reported that many Chinese media appeared to be ignoring the ban.
Li Changchun Outlines Main Earthquake Themes
Three days after the quake, a top Party official stressed several main themes for news reporting on the earthquake and praised the media for already highlighting such themes in their reporting. On April 17, Li Changchun, a member of the Politburo Standing Committee, told propaganda officials and major news representatives that propaganda reporting had been effectively utilized to "create a good public opinion atmosphere" for disaster relief work, according to an April 18 Xinhua article (in Chinese). He told them to continue with propaganda efforts, including showing the "touching deeds of each ethnic group...united in helping each other" and "singing the Communist Party is good, socialism is good...the People's Liberation Army is good, people of all nationalities are good, and the great motherland is good." He praised propaganda officials and major news media for quickly mobilizing and issuing reports that reflected positively on the government and Party's response, from top-level Party concern for disaster victims, to the heroism and courage of Party and government officials, People's Liberation Army, police, firefighters, and others at the scene. The New Yorker journalist Evan Osnos noted in an April 14 blog entry that the central government's news agency, Xinhua, had issued "blanket coverage, which is the part of the new strategy by Chinese authorities to set the narrative of the news before it can take shape on the Web."
Government Agencies Target "Illegal Publications" and Cell Phone and Internet Communications
Meanwhile, government agencies in charge of curbing pornography and regulating the press responded to the earthquake by launching initiatives against "illegal publications" and information transmitted via cell phone or the Internet. According to an April 20 report in China News and Publication Net, the Qinghai office of the "Sweep Away Pornography and Strike Down Illegal Publications Task Force" issued a notice on April 19 calling on officials to strengthen supervision of the "cultural market" to ensure it "remains stable and orderly" during the post-quake period. The Qinghai official interviewed in the article, Zhang Chengwei, reportedly said the notice requires officials to maintain high alert for "illegal publications" and "to make the greatest effort to eliminate negative influences on society, especially taking strict precautions against lawless persons using various types of illegal publications to sow disorder among popular feeling and disturb and destroy anti-quake disaster relief." Zhang also reportedly said officials would block the dissemination of "harmful information" via cell phones and the Internet, including "rumors, obscene or pornographic material, and other harmful information." The article also reported that the General Administration of Press and Publication (GAPP) had stepped up monitoring of the Internet to "maintain the stability of the online environment." The article said that officials will "timely deal with" what they determine to be "false information that has no scientific basis, harms unity, or creates panic." GAPP reportedly also increased communications with key Web sites to ensure that the "Party and government's voice" were reported, according to the article.
The earthquake, which killed more than 2,000 people, struck a predominantly Tibetan area, the Yushu Tibetan Autonomous Prefecture, according to an April 20 Xinhua article and an April 17 New York Times (NYT) article. Relations between the Chinese government and the Tibetan community have been particularly strained following the wave of Tibetan protests that started in March 2008. NYT reported that while the relief effort was "impressive," some of the thousands of monks who traveled to the disaster zone expressed criticism of government action. An April 26 Associated Press report (via NYT) observed that Chinese media "largely played down the role of thousands of Tibetan Buddhist monks who worked alongside soldiers to rescue survivors and dig out the dead" and that "Beijing has sought to take credit for much of the rescue work, portraying relief efforts as a government undertaking."
Radio Free Asia (RFA) also reported on April 27, that authorities in Qinghai detained the Tibetan writer known as Shogdung, whose real name is Tagyal, on April 23, according to Tagyal's wife. The writer recently signed an open letter, along with seven other intellectuals, that suggested that people should avoid sending money for the earthquake directly to officials, who may be corrupt. Tagyal's daughter said that the detention notice accused Tagyal of "sedition [to] split the country." The RFA article also said that Tagyal had published a book earlier this year that was critical of the government's response to the 2008 Tibetan protests.
Chinese officials appear to be managing media coverage of the Yushu earthquake's aftermath in a manner similar to which they managed coverage of the May 2008 Sichuan earthquake, combining selective openness with censorship. Following the 2008 earthquake, the CECC reported that Chinese media coverage was unusually open compared to previous disasters but that authorities had directed the media to emphasize the government's response and to promote national unity. Furthermore, officials sought to rein in press coverage of topics that could taint the public's view of China's response, including allegations of official malfeasance in the collapse of schools. For more information on the Party's strategy for controlling the news agenda following public emergencies, see pp. 56-57 of the CECC 2009 Annual Report.
| Source: -See Summary (2010-04-21 ) |
Posted on: 2010-06-04 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=139627 |
Xinjiang Authorities Tighten Controls Over Muslim Women
April 27, 2010
The Communist Party-controlled women's federation in the far western region of Xinjiang has strengthened efforts in the past year to control the religious practices of Muslim women. The Federation has carried out activities to regulate Muslim women religious specialists and to urge women to remove veils and face coverings. The Federation reported carrying out one local campaign in coordination with government offices, while a separate Communist Party office in another locality reported it would increase monitoring of Muslim women religious specialists. The restrictions on the women's religious freedom come as authorities have instituted broader campaigns targeting "religious extremism" and other perceived threats to the region's stability.
The Communist Party-controlled Women's Federation in the Xinjiang Uyghur Autonomous Region (XUAR) has strengthened measures in the past year to regulate the religious activities of Muslim women, according to recent reports from the region. It carried out at least one prefectural campaign in coordination with government offices, while a separate Communist Party office in another locality reported it would increase monitoring of Muslim women religious specialists. The efforts build on previous official steps in recent years to interfere in the religious activities of Muslim women. See previous Congressional-Executive Commission on China analyses (1, 2, 3) for more information. Recent developments include:
Regulating Women Religious Figures
The XUAR Women's Federation reported in recent months on steps taken in the past year to strengthen control over women religious specialists known in Uyghur as b┨wi (Mandarin: buwei, translation into English following Ildik┏ Bell└r-Hann, Community Matters in Xinjiang 1880-1949, Leiden: Brill, 2008, 469). As described in a previous CECC analysis, the XUAR Women's Federation proposed in late 2008 that b┨wi be brought under government and Party management. The Federation's proposal stated that b┨wi existed in a "no-man's land" without state oversight and called for taking advantage of the women's social status to spread the Party's religious and ethnic policies among Muslim women. As of that time, some local governments already had reported incorporating b┨wi into training classes for religious leaders. Since then, the XUAR Women's Federation has described increasing education and training of b┨wi and maintaining a semimonthly contact system between b┨wi and women Party members, to ensure b┨wi do not engage in "illegal religious activities," spread "heresies," or apply "spiritual pressure" to other women, according to a January 12, 2010, report by a XUAR Women's Federation Party official (via the All-China Women's Federation News site from People's Daily). In Hoten district, 2,010 Party members reportedly were involved in a contact system with 1,833 b┨wi, which "effectively restrained women from participating in illegal religious activities and ethnic separatist activities," according to the report.
In addition, in April 2010, the Ili Kazakh Autonomous Prefecture Women's Federation reported that in 2009, the Federation, in coordination with local government offices, established "Measures on the Management of B┨wi," which "standardized and purified" the ranks of these religious figures, according to an April 2 report on the Ili Kazakh Autonomous Prefecture government Web site. The XUAR Women's Federation and Ili branch also reported carrying out a campaign to "weaken religious consciousness and uphold a civilized and healthy life," according to both reports. (See also a previous CECC analysis that discusses this campaign.)
In addition to the Women's Federation-led campaigns, the Kashgar district leading group office for the "study and practice of the scientific development concept" reported in October 2009 that Kashgar municipality would increase oversight of b┨wi as part of work to "safeguard stability," according to an October 13 report from the Kashgar district government Web site (also available at a cached page). According to the report, b┨wi are among seven categories of people under scrutiny. Authorities will register the people, "closely follow their actual demeanor," and increase "supervision and education" of the groups. According to the report, other people targeted for oversight include people released from "reform through labor" and "reeducation through labor," people dismissed from their posts as religious personnel, people who have gone on unauthorized pilgrimages, and people who have been out of the locality for long periods, among other groups.
Campaigns Targeting Women Who Wear Veils and Face Coverings
XUAR Women's Federation reports from recent months also indicate the organization has continued steps to influence the way Muslim women dress. (See a previous CECC analysis for information on past XUAR Women's Federation efforts and other CECC analyses 1, 2 for information on broader official efforts addressing women who wear veils or face coverings.) At pilot sites in Urumqi, the Federation launched activities that included investigating and registering women who veiled their faces, interviewing them, and sending in cadres for face-to-face talks, according to a November 20, 2009, report from the XUAR Women's Federation (via the All-China Women's Federation News site from People's Daily). The Federation's "persuasion" and "reformatory education" made the women "realize that wearing a veil is not a form of expression of ethnic dress but rather of extreme religion, an expression of a type of ignorant and backward way of thinking, and an expression not suited for the developments of the times," according to the report. After more than two months of effort by the Women's Federation, a number of women in the pilot areas, who had covered their faces, removed their veils and took part in various types of training and "healthy cultural activities," according to the article. In the January 2010 report, the XUAR Women's Federation official said that the organization also launched a campaign called "Let Beautiful Hair Flutter, Let Beautiful Faces Be Revealed," to enable ethnic minority women to "discern what is traditional ethnic dress" and to address why women should "take the initiative to not wear a veil." According to the report, over 90 percent of women in areas such as the southern part of the XUAR voluntarily removed their veils. At pilot sites in Urumqi, the number of women covering their faces dropped from a figure of 35 percent before the July 2009 demonstrations and rioting in the city to 6.8 percent, according to the report.
The measures targeting Muslim women come as authorities in the XUAR have tightened security campaigns in the region, targeting "religious extremism" among continuing perceived threats to the region's stability. For more information on conditions in the XUAR, see Section IV!Xinjiang in the CECC 2009 Annual Report.
| Source: -See Summary (2010-04-15 ) |
Posted on: 2010-06-04 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=139388 |
New Measures Regulate Financial Affairs of Venues for Religious Activities
May 4, 2010
New measures have entered into force on a trial basis in China that regulate the financial affairs of sites of religious activity. While stipulating more state oversight for the religious venues, the measures also provide some protection for the venues' property and income. Authorities described issuing the measures to standardize religious venues' management of finances and to address issues such as embezzlement and illegal property confiscation. The new measures apply only to religious venues registered with the government, leaving unregistered venues both outside this system of oversight and outside the limited protections afforded by the measures. The new measures follow other legal measures in China that also regulate religion, subjecting registered religious communities and venues to a system of tight state control but also affording them a degree of state protection.
New measures have entered into force on a trial basis in China that regulate the financial affairs of registered venues for religious activities in China. The State Administration for Religious Affairs (SARA) passed the Measures on the Supervision and Management of Financial Affairs of Venues for Religious Activities (Trial) (Financial Affairs Measures) on January 7, 2010, effective March 1. Like the other sets of measures on religion-related issues issued by SARA in recent years, the Financial Affairs Measures elaborate on provisions in the Regulation on Religious Affairs (RRA), which entered into force in 2005. While stipulating more specific oversight for religious venues, the Financial Affairs Measures also provide a measure of protection for venues' property and income. SARA described issuing the measures to strengthen the government's role in "supervising and managing" the financial affairs of religious sites and to address issues such as religious venues' "nonstandardized management of finances," cases of waste and embezzlement, and incidents of government offices, individuals, or other entities "seizing the lawful property of venues for religious activities," according to January 18 and February 10 reports from the SARA Web site. Authorities sought input from religious groups on the Financial Affairs Measures, according to the reports. As specified in Article 2, the Financial Affairs Measures apply only to registered venues for religious activities, thereby excluding unregistered religious sites from this formal system of oversight, including the protective aspects of the measures. Unregistered venues, such as house churches, have faced attacks on their property including confiscation by local officials.
The Financial Affairs Measures build on earlier provisions regulating the financial affairs of religious venues. Article 18 of the RRA requires religious venues to accept the "guidance, supervision, and inspections" of local government departments, in areas including financial affairs and accounting. Article 30 states that the property of religious venues enjoys legal protection and may not be "seized, looted, divided, destroyed, or illegally sealed up, impounded, frozen, confiscated, or disposed of" by any organization or individual. Article 34 stipulates that income from venues' social welfare undertakings adhere to financial and accounting management, while Article 36 of the RRA stipulates that religious organizations and venues implement the state's systems of management for financial affairs, accounting, and tax revenue. The relevant financial stipulations, touched on in the RRA and referred to specifically in the Financial Affairs Measures, are the PRC Accounting Law and the Non-Profit Civil Society Organizations Accounting System. Prior to the implementation of the RRA, Article 8 of the 1994 Regulation on the Management of Venues for Religious Activity specified only that income and property of a religious venue were to be managed and used only by the venue's management group.
Key features of the Financial Affairs Measures include:- Legal Protection and State Oversight. Article 6 stipulates that venues' property and income enjoy legal protection and includes the same protections as the RRA against seizure, looting, and other forms of infringement by any organization or individual. Under Article 7, the government office with which the venue is registered exercises "guidance and supervision" (zhidao he jiandu) over the venue's financial affairs. The Financial Affairs Measures include penalties for venues that violate the provisions (Article 38), but do not include sanctions for government agencies that abuse their power in implementing financial oversight.
- Financial Management System. Several provisions outline the parameters of maintaining a "financial affairs management system" (caiwu guanli zhidu) within religious venues and the requirements for handling finances. Articles 4 and 5 require venues to have a financial affairs management system led by a "financial affairs management group" (caiwu guanli xiaozu). Under Article 8, venues must keep "truthful and complete" accounting books in accordance with the PRC Accounting Law and the Non-Profit Civil Society Organizations Accounting System. Under Article 11, one person "must not" take on "concurrent posts" in handling the venues' accounting, cashier work, and financial affairs work. The article also calls for "avoiding" the roles being taken on by people related to each other. Article 21 requires expenditures to receive a "signature of agreement" (qianzi tongyi) by the "responsible person" in the financial affairs group (caiwu xiaozu), with approval from the responsible person in the management committee (guanli zuzhi) of the religious venue. "Large expenditures" require that the management committee of the venue "research" and "agree" to the matter, while opinions must be "heard" and "solicited" from religious believers.
- Filing and Reporting Requirements. Under Article 12, venues are to establish a yearly budget, file it with the agency that oversees their registration, and "share the information with local citizens who are religious believers." Article 32 requires that venues submit a financial report at least once a year to the same government agency.
- Definitions of Finances. Several articles define what qualifies as income and expenditures in venues for religious activities. For example, Article 14 defines venues' income to include domestic and overseas donations, and income from providing religious services, entrance tickets to religious sites, the sale of religious goods, art, and publications, income from social welfare charitable undertakings (shehui gongyi cishanshiye) and other social services, state subsidies, and "other legal income." Article 16 covers the handling of donations and donation boxes. Article 20 defines expenditures. Chapter 6 stipulates provisions for the management of fixed assets.
To date, provincial-level regulations have varied in how they specify financial oversight of religious venues. Article 17 of the Hunan Province Regulation on Religious Affairs adopted in 2006, for example, stipulates that venues for religious activities must submit to the relevant accounting and financial affairs management systems of the government and accept the "guidance, supervision, and inspections" of the relevant government departments. The Guangdong Province Regulation on Religious Affairs, adopted in 2000, provides provisions related to the property and income of religious venues (see generally Chapter 6 of the regulation), but does not specify detailed requirements for oversight of general finances or accounting procedures. For more information on provincial regulations on religious affairs, see, e.g., Congressional-Executive Commission on China analyses of the Jiangsu, Hubei, and Hainan regulations, Shanghai, Shanxi, Henan, and Zhejiang regulations, amendments to the Anhui regulation, amendments to the Beijing regulation, and new regulations from Chongqing and Hunan.
For more information on religion in China, see Chapter II-Freedom of Religion in the CECC 2009 Annual Report.
| Source: -See Summary (2010-03-23 ) |
Posted on: 2010-06-04 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=138231 |
Kashgar Authorities Announce "Zero Tolerance" for Petitioning Higher Level Authorities About Old City Demolition
March 26, 2010
Local authorities in the far western region of Xinjiang have implemented measures to curb citizen petitioning to higher levels of government over grievances connected to a demolition and resettlement project in the Old City section of Kashgar. Local officials say that they have resolved residents' problems and that no households have taken their grievances to higher administrative levels. Information from non-Chinese sources indicates the project has drawn opposition from Uyghur residents and other observers for requiring the resettlement of residents and for undermining heritage protection. At the same time, Xinjiang officials continue to assert that the project adheres to international standards. As demolition work continues, authorities say they will hire some workers locally, in accordance with a government directive, but also will look outside Xinjiang to recruit half the workers needed.
Authorities in Kashgar, Xinjiang Uyghur Autonomous Region (XUAR), have implemented measures to curb citizen petitioning to higher levels over grievances connected to a demolition and resettlement project in the Old City section of Kashgar. According to a March 4 Xinjiang Daily report (via Xinhua), authorities in Kashgar have resolved residents' concerns about the project and have implemented a "zero-tolerance system" (lingkongzhi) to control petitions to higher level authorities. Authorities have included the rate at which officials "stop appeals and end complaints" (xisu bafang) and lower the rate of "serious letters and visits" (zhongxin zhongfang) in evaluations of "cadre effectiveness" (ganbu jixiao) and "peaceful construction" (ping'an jianshe). While spreading information on the "necessity, urgency, and significance" of the demolition project, authorities have visited local households to "coordinate and solve" existing problems. To date, no households have taken grievances to authorities at a higher administrative level, the article reported.
Although the reported lack of petitioners seeking to resolve their grievances at higher administrative levels could indicate successful dispute resolution as described in the article, the attention to enforcing a "zero-tolerance system"!against a backdrop of measures to stem petitioning across China and political pressures to implement the Kashgar demolition!also could indicate that authorities have applied harsher tactics to prevent citizens from airing grievances through the petitioning system. As reported in the Congressional-Executive Commission on China 2009 (p. 238) and 2008 (p. 165-166) Annual Reports, Chinese regulations allow citizens to petition the government, but the government creates incentives for officials at various levels of government to curb petitioning. Citizens who take their grievances to authorities through the petitioning system may face official retribution, harassment, violence, or detention.
As reported in previous CECC analyses (1, 2), overseas media reports that cite local residents indicate that the five-year Kashgar demolition project, launched in 2009, has drawn opposition from the Old City's Uyghur residents and other observers for requiring the resettlement of residents and for undermining heritage protection. A Kashgar official, speaking at a press conference during the annual meeting of the National People's Conference in early March 2010, stressed that the project adhered to national and international standards and had support from the United Nations Educational, Scientific and Cultural Organization (UNESCO), according to March 8 reports from Xinhua (via People's Daily) and Xinjiang News Net. A January 13 article from the Global Post indicated, however, that UNESCO had reservations about the project. A March 23 Urumqi Online article (via Xinhua), citing information from the Kashgar government, reported that the most difficult challenge in the reconstruction work was the relationship between earthquake-proofing houses and protection of the historic city. After experimenting with four methods of reconstruction during pilot projects in 2009!systematic razing of structures and construction of high rises; "self razing and systematic reconstruction"; carrying out preservation work; and leaving structures as is!authorities found that the second method was "fairly good" at solving problems in reconstruction work and heritage preservation, according to an official cited in the report. (See a September 14, 2009, Xinhua article and November 10 Xinjiang News Net article for further details on this second method, describing some input and participation in the reconstruction process by residents. See the March 4 Xinjiang Daily report for references to other types of razing and reconstruction.) After carrying out construction at five pilot sites in 2009, the work will be expanded in 2010 in accordance with "the people's will," but reconstruction work for the year has not yet been launched, according to the article.
According to the Kashgar District Municipal Construction Bureau, the demolition project needs more than 100,000 workers in 2010, another March 8 Xinjiang News Net article reported. To date, 50 percent of the workers have been recruited from the local surplus labor force, in accordance with the requirement that local workers comprise no fewer than 50 percent of the workforce, the article reported. The project still lacks 50,000 workers, especially skilled workers, from the interior of China, according to the article. The article did not describe why some of this shortage could not be filled locally. The XUAR government and Party Committee implemented an opinion on employment promotion in October 2009 that calls for enterprises registered in the XUAR and other enterprises contracted to work there to recruit no fewer than 50 percent of workers from among the local population. The opinion also calls for "recruiting more ethnic minorities to the extent possible" but does not specify a hiring quota, according to a description of the opinion in a September 24 Xinjiang Daily report, via Xinjiang Economic Net. A document on implementing the opinion (via China Xinjiang, February 10) elaborates only that employers are to pledge a fixed proportion of positions for ethnic minorities in the process of prioritizing recruitment of college graduates from the XUAR.
For additional information on the Kashgar project and conditions in the XUAR, see Section IV!Xinjiang in the CECC 2009 Annual Report
| Source: -See Summary (2010-03-11 / English) |
Posted on: 2010-04-22 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=137446 |
Beijing Justice Bureau to Hold Hearing on Permanently Disbarring Human Rights Lawyers
April 21, 2010
On April 22, 2010, the Beijing Municipal Justice Bureau will hold a hearing to decide whether to revoke the lawyer's licenses of Tang Jitian and Liu Wei, two Beijing human rights lawyers who represented a Falun Gong practitioner last year in Sichuan province. If Chinese authorities decide to revoke Tang and Liu's licenses at the hearing, they could be disbarred in China permanently.
The Beijing Municipal Justice Bureau will reportedly hold an administrative hearing on April 22 to decide whether Beijing human rights lawyers Tang Jitian and Liu Wei will have their lawyer's licenses permanently revoked, according to an April 21 New York Times (NYT) article and April 20 Human Rights in China (HRIC) press release. An April 14 Voice of America (VOA) article (in Chinese) reported that Tang and Liu had received a notice from the Beijing Municipal Justice Bureau claiming that they "disturbed the order of the court and interfered with normal procedural activities" while representing a Falun Gong practitioner during a trial last year in Luzhou, Sichuan province.
According to the HRIC press release and an April 21 Associated Press (via the Washington Post) article, the lawyers said the judge repeatedly interrupted them and that unidentified personnel illegally videotaped them during the trial (a possible violation of the prohibition on videotaping found in Article 9(1) of the Court Rules of the People's Courts). On April 21, Liu said, "We think they retaliated against us for what we've done in the past, like appealing for direct elections within the lawyers' association. What they've done to us is completely illegal, let alone unfair," according to the April 21 Associated Press article.
According to an April 18 Boxun article (in Chinese), Tang and Liu have been involved in various human rights cases, covering freedom of speech, freedom of religion, AIDS, and Hepatitis B discrimination.
If Chinese authorities decide to revoke Tang and Liu's licenses at the April 22 hearing, the pair could be disbarred in China permanently, according to an April 18 Chinese Human Rights Defenders article (in Chinese). The April 21 NYT article quoted Eva Pils, a law professor at Chinese University of Hong Kong, as saying that this could be the first case in which a "disruption-of-court charge has led to such harsh punishment."
The case raises questions about the enforcement of protections afforded lawyers under Chinese domestic law. According to Article 36 of the Lawyers Law (in Chinese), "Where a lawyer serves as an agent ad litem or defender, his right of debate or defense shall be protected." Article 37 of the Lawyers Law states that, "The personal rights of a lawyer in practicing law shall not be infringed upon. The representation or defense opinions presented in court by a lawyer shall not be subject to legal prosecution, except for speeches compromising national security, maliciously defaming others or seriously disrupting the court order."
The CECC 2009 Annual Report reported on Tang's abduction by domestic security protection (guobao) officers in June 2009 and on the problems faced by Tang and other human rights lawyers whose licenses were not renewed by the May 31, 2009, deadline because of their involvement in cases that the government deemed sensitive or controversial. For more information about actions taken against China's human rights lawyers, see CECC roundtable discussion "China's Human Rights Lawyers: Current Challenges and Prospects" and "Section II: Criminal Justice" in the CECC 2009 Annual Report.
| Source: -See Summary (2010-04-21 / English) |
Posted on: 2010-04-21 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=139639 |
Statement of Chairman Byron Dorgan and Cochairman Sander Levin
April 21, 2010
We express our deep concern about the deteriorating health of Hu Jia, currently serving a three-and-a-half-year prison sentence in Beijing Municipal Prison for "inciting subversion of state power," and urge the Chinese government to permit his release on medical parole. Hu is a human rights advocate who has worked on behalf of HIV/AIDS patients, environmental issues, and other rights defenders. Hu suffers from liver cirrhosis, and his family recently reported that his health has deteriorated. His family has been unable to receive the results of his medical tests, but has reason to believe he may be suffering from liver cancer or another serious illness. Hu appears to meet the qualifications for medical parole as stipulated in Article 2 of the 1990 Measures on Implementing Medical Parole for Prisoners (Chinese, English). We respectfully urge the Chinese government to permit Hu's release in accordance with these measures to ensure that he receives prompt and thorough medical treatment.
| Source: -See Summary (2010-04-20 ) |
Posted on: 2010-04-21 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=139617 |
Number of Students Receiving Mandarin-Focused "Bilingual" Education in Xinjiang Continues To Rise
April 6, 2010
The number of students receiving "bilingual" education in the far western region of Xinjiang continued to rise in 2009. In Xinjiang, "bilingual" policies promote class instruction in Mandarin Chinese and have contributed to the phasing out of other languages in Xinjiang schools, in contravention of protections for these languages in Chinese law. As part of "bilingual" policies, the government has bolstered "bilingual" education programs at the preschool level. Recent government efforts also have promoted an increase in "bilingual" teacher training. In addition, authorities have adjusted college recruitment plans to admit more students educated in Mandarin.
The number of ethnic minority students receiving "bilingual" education in the Xinjiang Uyghur Autonomous Region (XUAR) in 2009 increased by more than 150,000 over the previous year, according to a January 12 Xinjiang Daily report (via Xinhua). As noted in the Congressional-Executive Commission on China (CECC) 2009 Annual Report, educational policies described as "bilingual" by the XUAR government have placed primacy on Mandarin Chinese through methods including eliminating ethnic minority language instruction or relegating it solely to language arts classes. The steps to phase out instruction in languages other than Mandarin contravene provisions in Chinese law to protect ethnic minority languages and promote their use in XUAR schools. Authorities have strengthened implementation of "bilingual" programs in the region in recent years.
In 2009, 753,300 ethnic minority preschool, primary, and secondary students received bilingual education, an increase of over 25 percent from 2008, according to the Xinjiang Daily report. This number of students constitutes 31.79 percent of the ethnic minority student population in the XUAR. Minkaohan students, or students in longstanding programs that track ethnic minority students directly into Mandarin Chinese schooling, represent 240,900 students, an increase of over 22 percent from 2008. In total, the two groups of students receiving education in Mandarin—the minkaohan students and students in "bilingual" classes—made up almost 42 percent of the ethnic minority student population, according to figures cited in the article. Enrollment rates have varied in different localities within the XUAR. For example, within the XUAR capital of Urumqi, "bilingual" education coverage reaches 90 percent of primary schools, 70 percent of middle schools, and 30 percent of high schools, according to Hu Junhai, head of Urumqi's Department of Education, as cited in a January 8 Xinjiang Metropolitan Daily article (via China Xinjiang).
In addition, government initiatives have promoted "bilingual" education at the preschool level. The number of preschool students receiving "bilingual" education in 2009 total 263,900, an increase of 25.61 percent from 2008, according to the Xinjiang Daily report. According to a December 4, 2009, Xinhua Xinjiang article and December 17 China Daily report, the government plans to have "bilingual" kindergartens educate 349,100 ethnic minority children by 2012 and fund the establishment of 2,237 more kindergartens in designated areas of the XUAR. In Urumqi, the government plans to establish 86 more kindergartens within the next two years, with the goal of having at least 1 "bilingual" kindergarten per township, according to the January Xinjiang Metropolitan Daily report. In 2008, the central government pledged 3.75 billion yuan (US$549 million) for "bilingual" preschool education and made a target rate of over 85 percent of ethnic minority children in rural areas receiving "bilingual" education by 2012. The China Daily article notes that by 2012, central government investment in "bilingual" preschool education in designated areas in the XUAR will total 4.02 billion yuan (US$588 million). Investments from both the central and XUAR governments for developing the "bilingual" preschool education will amount to 5.07 billion yuan (US$743 million), according to the December 4 Xinhua Xinjiang report. Starting in 2013, the government will establish a long-term mechanism to guarantee funds for various expenses in "bilingual" preschool education, according to the report.
Media reports also describe plans to train and hire more teachers for "bilingual" programs, while college recruiting programs have been adjusted to take in more students educated in Mandarin Chinese. By 2012, the number of teachers in XUAR "bilingual" preschools will reach 16,291, according to the December 4 Xinhua Xinjiang report. XUAR government departments reportedly have estimated that by 2014, 69,500 more "bilingual" teachers will be needed for the XUAR's primary and junior high school education programs, as stated in a March 3 Tianshan Net article. In 2008, the government announced plans to recruit 15,600 "bilingual" elementary school teachers between 2008 and 2013. As part of an effort to increase the overall number of teachers, the XUAR government will recruit 6,000 students each year from 2010 to 2013 for free teacher training, with a focus on students who have received "bilingual" education or education in Mandarin, according to a March 3 Tianshan Net article. The program will include students training to teach in "bilingual" programs. Authorities also have adjusted college recruitment priorities. The XUAR Education Department said in March it would readjust recruitment plans for ethnic minority students educated in ethnic minority languages and increase the number of ethnic minority students educated in Mandarin-tracked schools and "bilingual" classes, in order to "adapt to the needs of speeding up the promotion of 'bilingual' education," according to a March 3 Xinjiang Metropolitan News report (via Xinjiang News Net).
The government's bilingual policy is tied to broader political objectives in the region. The CECC 2009 Annual Report noted that authorities have upheld "bilingual" education as a way of "raising the quality" of ethnic minority students and have tied knowledge of Mandarin to campaigns promoting patriotism, ethnic unity, and stability. XUAR government chairperson Nur Bekri was quoted in a June 2009 article as promoting teaching Mandarin because "[t]errorists from neighboring countries mainly target [Uyghurs who] are relatively isolated from mainstream society as they cannot speak Mandarin." Nur Bekri's statement highlights the state's failures to implement a regional ethnic autonomy system that supports Uyghurs and other non-Han groups as part of "mainstream society" in the very localities putatively created to protect their cultures and languages.
For more information on conditions in the XUAR, see Section IV-Xinjiang in the CECC 2009 Annual Report.
| Source: -See Summary (2010-02-25 ) |
Posted on: 2010-04-21 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=136437 |
198 People in Xinjiang Reportedly Sentenced in Trials Marked By Lack of Transparency
March 26, 2010
An official from the far western region of Xinjiang announced in March that 198 people have been sentenced for crimes committed in July 2009, a period when demonstrations and rioting took place in the region. The number appears to exceed the total reported to date in Chinese media and points to a lack of transparency in the proceedings, in violation of both Chinese and international law. Chinese media reporting on the trial also has been marked by discrepancies between English-language reports for international audiences and Chinese-language reports for domestic readers. Chinese-language reports have described more details on detentions and trials, in at least one case indicating higher detention figures than reported in English, and in some cases suggesting some criminal charges could be of a political nature.
An official from the Xinjiang Uyghur Autonomous Region (XUAR) reported that 198 people involved in 97 cases have been sentenced in the XUAR for crimes committed in July 2009, a period when demonstrations and rioting took place in the region. The figure appears to far exceed the number of cases reported to date by Chinese media. XUAR government chairperson Nur Bekri reported the figure at a March 7 press conference during the annual meeting of the National People's Congress, according to March 7 reports in English and Chinese from Xinhua, and suggested more sentences are possible, as trials are ongoing. While Nur Bekri said that handling of the cases adhered to the principle of open trials, as of the date he made his remarks, Chinese media appeared to have provided reports on only 76 people tried in connection to events in July (see table below), and details of the other trials appeared unknown. Though the trials of the 76 reportedly were open to the public (see Congressional-Executive Commission on China analyses 1, 2, 3 for more information), Chinese authorities reportedly attempted to control how reporters covered some of these cases. The actions come amid broader continuing controls over the free flow of information from the XUAR and contravene international standards for criminal trials, as well as broader protections for freedom of expression and of the press. Under Article 14 of the International Covenant on Civil and Political Rights (ICCPR), which the Chinese government has signed and pledged to ratify, "any judgement rendered in a criminal case or in a suit at law shall be made public" except in limited cases involving children and matrimonial issues. Under General Comment Number 13 to this article of the ICCPR, "...a hearing must be open to the public in general, including members of the press, and must not, for instance, be limited only to a particular category of persons. It should be noted that, even in cases in which the public is excluded from the trial, the judgement must, with certain strictly defined exceptions, be made public." In addition, under Article 163 of the PRC Criminal Procedure Law (CPL), "In all cases, judgments shall be pronounced publicly." Both international law and Chinese law stipulate open trials except in limited circumstances (ICCPR Article 14, CPL Article 152). Under CPL Article 152, "cases involving State secrets or private affairs of individuals shall not be heard in public." Under CPL Article 163, such trials would remain subject nonetheless to the requirement that judgments be publicly announced.
Based on CECC analysis of Chinese media reports on the Internet and of PDFs of hardcopy articles from the Xinjiang Daily made available through Open Source Center, as of the date Nur Bekri announced that 198 people in 97 cases had been sentenced, Chinese media appeared to have provided news of the sentencing of 76 people in 26 cases:
| Trial Date | Number of People/Cases | Date of Alleged Crime | Charges | Sentencing Details (Number of people: sentence)
| Ethnic Group (Conjectured)* | Appeals | Sources | | October 12, 2009 | 7 people/3 cases | July 5 | Intentional homicide; arson; robbery | 6: death (executed) 1: life/prison
| 7 Uyghur | Oct. 30, 2009: All judgments upheld. | Xinhua, 10/12/09 (English, Chinese); Xinhua, 10/30/09 (English, Chinese, via Sina); China Daily, 11/10/09; Xinhua (via 163.com), 11/10/09; CECC Analysis 1, 2 | | October 14, 2009 (sentence October 15) | 14 people/3 cases | July 5 July 7
| Intentional homicide; arson; robbery; intentional injury; intentional destruction of property | 3: death (executed) 3: death+2-yr reprieve 3: life in prison 5: 5-18 yrs
| 12 Uyghur 2 Han
| Oct. 30, 2009: All judgments upheld. | Xinhua, 10/15/09; Xinjiang Daily (via Xinhua), 10/15/09; People's Daily, 10/15/09; Xinjiang Daily (via Xinhua), 10/16/09; Xinhua (via People¨s Daily), 10/30/09; Xinhua, 10/30/09 (English; Chinese, via Sina); China Daily, 11/10/09; Xinhua (via 163.com), 11/10/09; CECC Analysis 1, 2 | | December 3, 2009 | 13 people/5 cases | July 5 | Intentional homicide; robbery; arson; intentional injury | 5: death 2: life/prison 6: 10-20 yrs
| Of names provided, 11 Uyghur | Dec. 19, 2009: Some cases appealed. Judgments upheld | Xinhua,12/03/09 (English, Chinese); Tianshan Net (via Bingtuan Net), 12/20/09; CECC Analysis 1, 2 | | December 4, 2009 | 7 people/5 cases | July 5-7 | Intentional homicide; intentional injury; arson; explosions | 3: death 1: life/prison 3: 10-18 yrs
| 5 Uyghur 2 Han
| Dec. 19: Some cases appealed. Judgments upheld | Xinhua, 12/04/09 (English, Chinese); Tianshan Net (via Bingtuan Net), 12/20/09; CECC Analysis 1, 2 | | December 22 and 23, 2009 | 22 people/5 cases | July 5 | intentional homicide; robbery | 5: death 5: death+2-yr reprieve 8: life/prison 4: 12-15 yrs
| 22 Uyghur | N/A | Xinhua (via Bingtuan Net), 12/24/09 **; CECC analysis | | January 25, 2010 | 13 people/5 cases | N/A | N/A | 4: death 1: death+2yr reprieve 8: prison terms including life/prison
| Of names provided, 6 Uyghur
| N/A | Xinjiang Daily (via Xinhua), 01/26/10; CECC analysis | | TOTAL | 76 people/26 cases | - | Where reported: Intentional homicide; arson; robbery; intentional injury; intentional destruction of property; explosions
| 26: death 9: death+2-yr reprieve 15: life in prison 18: 5-20 yrs 8: prison terms including life/prison
| Of names provided, 63 Uyghur 4 Han
| - | - |
* Ethnic group conjectured based on available names provided in media reports.
** The limited number of reports on this trial appear to have been removed from the Internet or are housed on malicious pages. See a cached page from the Xinjiang Daily (via Xinhua) for a copy of the article. In addition to an apparent gap in reporting on cases from July, the CECC has tracked discrepancies between Chinese media's English-language reporting on the trials geared toward international audiences and Chinese-language reporting for domestic Chinese consumption. Based on CECC analysis, Chinese-language reports have described more details on detentions and trials, in at least one case indicating higher detention figures than reported in English, and in some cases suggesting some criminal charges could be of a political nature.- Media coverage of late December trials differs. While the national state-run media agency Xinhua had provided English-language reports on trials in October and early December, English-language reporting on the late December and January trials appeared absent from Xinhua and other Chinese media agencies.
- Discrepancies in charges involved. In Xinhua reporting on the approval of the arrests (pizhun daibu) of 83 people, an August 4 English-language Xinhua article reported that XUAR procurator Otkur Abduraxman "said those arrested will face charges including murder, intentional injury, arson and robbery." According to Xinhua's Chinese-language report from the same day, however, the group also was suspected of "destroying vehicles, gathering crowds to disrupt social order, picking quarrels and making trouble, and inciting ethnic hatred and discrimination," in addition to the crimes listed in the English-language report. Earlier, a July 18 article from the Legal Daily, citing legal experts from the XUAR, had reported that suspects' alleged crimes related to events in July fell into five categories, including endangering state security (ESS), and included over 20 suspected crimes, including separatism and armed rebellion. Based on information reported by Chinese media, none of the July-related trials that took place in October, December, and January involved ESS crimes.
- Detention numbers vary. Xinhua reported in a July 10 Chinese-language article that authorities detained (zhuahuo) 190 people in a series of four operations on July 9 and July 10, in connection to events on July 5. As noted in an earlier CECC analysis, this news appears to have been unreported in official English-language media.
For more information on conditions in the XUAR, see Section IV!Xinjiang in the CECC 2009 Annual Report.
| Source: -See Summary (2010-03-09 ) |
Posted on: 2010-04-21 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=137197 |
Government Authorities Announce Upcoming Development Plan for Xinjiang
April 7, 2010
Chinese authorities have announced they will implement new initiatives to speed up development in the far western region of Xinjiang. Authorities will address the development work, along with stability concerns in the region, at a central work forum on Xinjiang later in the year. To date, authorities have provided limited details on the upcoming initiatives. Past development efforts have brought some benefits to Xinjiang but also have exacerbated inequalities and denied local residents meaningful input into such projects. Development efforts remain tightly connected to political controls in the region.
Against a track record of imposing top-down development programs that have exacerbated inequalities and denied local residents the autonomy to chart their own course of development, central and Xinjiang Uyghur Autonomous Region (XUAR) government authorities have described plans for new initiatives to accelerate development in the region, according to Chinese government and media sources. Premier Wen Jiabao said in his March 5 work report at the annual meeting of the National People's Congress that the government would draft and implement policies to spur economic and social development in the XUAR, as well as in Tibetan areas of China, according to a copy of the report from the People's Daily (via Sina). (See also a March 5 Xinhua report, via China Daily.) Wen did not provide details on the plan. XUAR government chairperson Nur Bekri said that the government would publicize the development plan for the XUAR in May, after a central work forum on the XUAR takes place, according to a March 17 People's Daily report.
The work forum, initiated by the Standing Committee of the Political Bureau (Politburo) of the Central Committee of the Chinese Communist Party (CPC), will focus on both development and stability in the region, according to various reports. (See, e.g., a Tianshan Net report via Xinjiang News Net, March 9, a Xinhua report via Tianshan Net, January 28, and a January 24 report from Ta Kung Pao.) Nur Bekri said the upcoming development plan will address key industries in the region, according to the People's Daily article. Specifically, the forum will address 10 areas including infrastructure, improving livelihoods, and "advancing the Party's development in ethnic areas," according to XUAR People's Political Consultative Conference Chairperson and CPC Central Committee member Ashat Kerimbay, as reported in a March 5 article from Wen Wei Po, a PRC-owned Hong Kong paper (available in translation and original Chinese from Open Source Center, subscription required). The forum also will address development in ethnic minority areas and closing the gap between the northern and southern parts of the XUAR, according to an unnamed expert cited in the Wen Wei Po article. As noted in the Congressional-Executive Commission on China 2009 Annual Report (p. 263), the southern XUAR is a predominantly non-Han area. Over 500 officials from various government departments have visited villages, towns, businesses, schools, and military stations since October "to inspect local social situations and collect people's suggestions, amid efforts to study how to improve the livelihood of local residents and promote ethnic equality and unity," according to the March 5 Xinhua report. A November 20 report from Wen Wei Po (available in translation and original Chinese from Open Source Center, subscription required) described at that time work teams of 400 officials traveling to the XUAR to look at economic and social development as well as social stability, ethnic and religious issues, and building government authority.
The upcoming work forum, emanating from the highest ranks of Party power, follows top-down government development policies that have long prioritized state economic and political goals over the protection of local residents' rights and participation in development decisions. A XUAR delegate to the Chinese People's Political Consultative Conference was cited by the South China Morning Post on March 9 (subscription required) as criticizing current resource exploitation in the XUAR for enriching other parts of China at the expense of localities within the region. In the area of urban development, news from an ongoing project to "reconstruct" the Old City section of Kashgar indicates authorities have carried out work despite objections from local residents over property loss, resettlement, and cultural heritage protection. Most recently, Kashgar authorities have described steps to curb citizen petitioning over the project.
The current focus on development also illustrates how central and XUAR authorities view development as a cure-all in the region, even as local residents!especially Uyghurs and other non-Han groups!express grievances toward government policies in areas such as religious freedom and equal treatment before the law. Following demonstrations and rioting in the region in July 2009, which drew attention to longstanding tensions and grievances over curbs on Uyghurs' rights, XUAR Communist Party Secretary Wang Lequan described accelerated development as "the best reply to the 'three evil forces' of terrorism, separatism and extremism," according to his remarks as quoted in a September 29 Xinhua article.
As reported in the CECC 2009 Annual Report (p. 263-264), the central government exerts strong control over the XUAR economy, and economic development is intertwined with political controls and government objectives to uphold stability. Scholar Calla Wiemer noted that "in an effort to ensure stability in a frontier area," the central government "has more actively asserted its control over development in Xinjiang than in any other region." (CECC 2009 Annual Report, p. 263, citing Calla Wiemer, "The Economy of Xinjiang," in Xinjiang: China's Muslim Borderland, ed. S. Frederick Starr (Armonk, NY: M.E. Sharpe, 2004), 164.) While development efforts have brought economic improvements to the region, they also have spurred migration, strained local resources, and disproportionately benefited Han Chinese. In 2008 and 2009, the government described carrying out measures to improve conditions in the predominantly non-Han area of the southern XUAR but connected these efforts with steps to promote continued political controls. In December 2008, XUAR authorities issued an opinion on accelerating rural reform and development, combining policies described as aiming to improve economic conditions in rural areas with steps such as strengthening the management of religious affairs and deepening campaigns on ethnic unity and anti-separatism.
For more information on conditions in the XUAR, see Section IV!Xinjiang in the CECC 2009 Annual Report.
| Source: -See Summary (2010-03-10 ) |
Posted on: 2010-04-21 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=137358 |
Chinese Government To Introduce Qualification Exam for Journalists in 2010
April 9, 2010
A high-level official at the General Administration of Press and Publication, the Chinese government's main regulator of the press, said on March 10, 2010, that aspiring journalists in China will be required to pass a new qualification exam that will test them on their knowledge of "Chinese Communist Party journalism" and Marxist views of news. Journalists who do not pass the exam will not be allowed to apply for a job in the news industry. This development comes amid continued efforts by the Chinese government to restrict media coverage of events deemed politically sensitive, such as major political meetings in March and the Google controversy, as well as official concern over unregulated news reporting on China's fast-growing Internet.
The Deputy Director of the General Administration of Press and Publication (GAPP) said on March 10, 2010, that the government will introduce a qualification exam this year which prospective Chinese journalists must pass in order to apply for a job, according to a March 11 South China Morning Post (SCMP) article (subscription required). The director, Li Dongdong, said that the exam will include an ideological requirement. "No matter what your field of study, if you are not taught about the history of Chinese Communist Party journalism, the Marxist view of news and media ethics, you cannot pass the tests," Li is quoted as saying in the SCMP article. In a March 8 interview with Xinhua, Li also made the following statement: Next, we will implement a professional qualification entrance system for news workers. We will use news professional qualification entrance standards to ensure that all comrades who will enter the frontlines of news reporting first study the theory of socialism with Chinese characteristics, and receive training on the Marxist view of news, training in journalist ethics, and training about the Party's news propaganda discipline. Our news workers can never lose this "spirit", which is a news worker's sense of political and historical responsibility... Chinese officials already require journalists to adhere to the Party line but this development gives officials another tool to screen journalists for their political credentials. Already, journalists in China are required to obtain a license, or press card, from the government to practice their profession. The regulations governing the administration of such cards, the Measures for Administration of News Reporter Cards, require journalists to abide by "news workers' professional ethics" (Article 9, Paragraph 1). The current ethics code, the China News Workers' Code of Professional Ethics, which the All China Journalists Association (ACJA) revised in November 2009, requires journalists to "be loyal to the Party" (Article 1), "persist in correct guidance of public opinion...giving first place to positive propaganda" (Article 1), "abide by the Party's discipline for news workers" (Article 6), and "persist in being guided by the major thoughts of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, and the 'Three Represents' [associated with former President Jiang Zemin]" (Preamble).
Chinese journalists have been subject to politically based qualification exams in the past. In 2005, officials introduced a qualification exam for broadcast journalists under rules that limit who may work in radio or television journalism to those persons who endorse the ideology and policies of the Party.
The new professional qualification entrance exam comes amid a Party- and government-organized campaign aimed at ensuring the ideological purity of the growing ranks of young journalists in China. The Congressional-Executive Commission on China reported on this campaign, dubbed the "Three Items To Study and Learn," in its 2009 Annual Report (pp. 54-55). As noted in the 2009 Annual Report, the campaign is led by the Communist Party's Central Propaganda Department (CPD) and Central Office for Overseas Publicity, the State Administration of Radio, Film, and Television, GAPP, and ACJA, and calls for "further strengthening the political quality of editors and journalists" and "guaranteeing the correct orientation of news propaganda work." On February 21, 2010, Xinhua reported that those entities had revived the campaign for 2010 in part to "unceasingly strengthen the political responsibility of news workers."
Other recent incidents highlight the government and Party's control over the Chinese news media:
- The Communist Party, through the CPD and other agencies, frequently issues directives to news media on what they can or cannot report. On March 21, 2010, the New York Times (NYT) released an English translation of a directive issued jointly by the CPD and China's Bureau of Internet Affairs before the March 2010 annual sessions of the National People's Congress (NPC) and the Chinese People's Consultative Conference. The directive barred media from reporting on citizens demanding that officials publicize their finances, negative news on front pages or headlines, and features on petitioners, among other stories.
- In the wake of Google¨s March 22 announcement that it would redirect users of its mainland Chinese search engine to its uncensored Hong Kong site, Chinese officials reportedly ordered domestic news Web sites not to report information released by Google, to play down Chinese citizens' displays of support for Google, and to publish only stories put out by the central government media, according to a March 25 Washington Post reprint of instructions reportedly issued by propaganda officials that first appeared on China Digital Times.
- During the NPC session, Li Hongzhong, the governor of Hubei province, reportedly berated and seized the audio recorder of a reporter who identified herself as a journalist for the People's Daily, the Party's flagship newspaper, according to another March 21 NYT article. "So you're from a party paper," the article quoted Governor Li as saying. "Is this how a party paper guides public opinion? I'm going to the chief of your paper!"
- In early March the CPD reportedly issued a warning to top editors at the Chinese newspaper, Economic Observer, after it and 12 other newspapers jointly published an editorial calling for reform of China's household registration, or hukou, system, according to a March 10 Wall Street Journal (WSJ) report. Zhang Hong, an editor and co-author of the editorial, reportedly was removed from his position. The WSJ report did not indicate who removed Zhang. For more information on the editorial, see a CECC analysis.
- In a February 22, People's Daily interview, an unnamed GAPP official, noting concern about the Internet's role in disseminating news, emphasized legal requirements preventing commercial Web sites and unlicensed "Internet journalists" from independently reporting news on the Internet. The official said that commercial Web sites are not news organizations and thus "are not qualified to legally report or originally issue news." The official said that the only news Web sites that were allowed to originally report news were "traditional media" already licensed by the government and authorized to apply for press cards for their journalists (see Articles 4 and 12 of the Measures for Administration of News Reporter Cards). The official cited as examples the news Web sites of traditional media such as People.com.cn (of the Communist Party's flagship newspaper People's Daily) and Xinhuanet.com (of the central government's news agency). The official said that at most commercial Web sites could obtain government approval only to re-post news (in apparent reference to the Provisions on the Administration of Internet News Information Services). The official also took aim at independent online journalists, saying that the "publicly complained about so-called 'Internet journalists'" were illegal and citing what authorities have noticed as some in China setting up "so-called" anti-corruption and other Web sites to pose as licensed journalists and extract bribes.
The Chinese government claims that government licensing and supervision of journalists and editors is needed to prevent corruption and to protect journalists. For more information on Chinese restrictions on the press, see the Congressional-Executive Commission on China's 2009 Annual Report (pp. 50-58).
| Source: -See Summary (2010-03-24 ) |
Posted on: 2010-04-21 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=138274 |
Migrant Workers' Children Face Barriers to Education, Activists Call for Fair Treatment
March 8, 2010
China's household registration system places strict limits on where its citizens may legally reside. Given that access to social services is tied to household registration, some migrant workers' children face discrimination and are turned away from urban schools. In light of this, two Beijing-based activists have asked the city's authorities to allocate more money to increase the number of state-run kindergartens in order to accommodate the children of migrant workers who, already facing discrimination in an environment where slots are severely limited, often are denied admission to schools. Some migrant children end up in unlicensed kindergartens that may lack proper oversight. Recent articles and studies have highlighted migrants' difficulties in obtaining equal access to schools for their children, and the factors that discourage many urban state-run schools from accepting migrant children.
China's hukou (household registration) system imposes strict limits on Chinese citizens' ability to choose their permanent places of residence (see the Congressional-Executive Commission on China's topic paper on the hukou system). Migrant workers and their children who do not hold urban hukou registrations face institutional discrimination in school admissions, since access to social services is linked to hukou registrations. Chinese Human Rights Defenders noted in a February 24 report that over ten thousand migrant students were unable to resume classes after the Chinese New Year's holiday in some districts within Beijing as dozens of schools faced forced demolitions. In response, an unnamed Chaoyang District official reportedly told Kyodo News on January 29 that, since the migrant schools were not legally registered, the government would not assist in relocating the migrant students. Against this backdrop, in late January, Hu Xingdou, a professor at Beijing Institute of Technology, and Li Fangping, a human rights lawyer, submitted their motion to the Beijing People's Congress asking the city government to appropriate more funds to increase the number of state-run kindergartens in order to provide better access to schooling for migrant children, according to a February 2 China Labor Bulletin (CLB) report. The same CLB report also indicates that, as of the publication date, municipal officials have not responded to the activists' calls.
The fact that migrant workers do not hold urban hukou registrations means that their children are more likely to be turned away from city schools. As such, some migrant parents send their children to unregistered schools that may lack adequate oversight. In January 2010, a fire at an unregistered kindergarten in Beijing's Chaoyang District killed a two-and-a-half year old girl. A January 19 China Daily article points out that, in response to the fire, a Chaoyang District education official called for a comprehensive inspection of all kindergartens in the district, and insisted that private kindergartens are regularly checked. But when a reporter asked who should be held responsible for the incident, a Chaoyang District Party Committee official placed the blame on the kindergarten's owners, but also told the China Daily that it was "high time for [the parents] to consider the safety of their children and not just worry about money." Another official, cited in the Kyodo News article and speaking more broadly about migrant children's education in Beijing, encouraged parents to "send their children back to their hometowns, because there, education is free and the quality of education is high." Many rural schools, however, reportedly continue to collect fees and the quality of education in many cases reportedly is poor, as detailed in a September 2007 CLB study: Small Hands, A Survey Report on Child Labor in China.
In Beijing, demand for kindergarten is high, and if no action is taken to accommodate more students, the number of students will continue to outpace available school slots in coming years. Between 2006 and mid-2009, more than 460,000 babies were born in Beijing, and about 51 percent of them did not hold Beijing household registration, according to a June 30, 2009, Xinhua report. As Li Fangping told Radio Free Asia (RFA) in a January 29, 2010, article, the birthrate of migrant children in Beijing had already exceeded the city-wide children population by 50 percent. Of the city's migrant children population, RFA notes that about 200,000 are in the pre-school age range. Still, according to the June 30 Xinhua piece and the February 2 CLB report, as it stands, there are 1,266 legally registered kindergartens in Beijing, of which over 300 are state-run, and an additional 1,298 "self-organized kindergartens" not registered with the government; the legal ones!both state-run and private!only can accommodate half of the admissions demand. A Beijing Municipal Political Consultative Conference study cited in the RFA article indicates that 90 percent of parents prefer to enroll their children in the state-run schools, since these institutions are cheaper and have a lower turnover of teachers.
Other cities face similar challenges: research data from the CLB's in-depth report on migrant children indicates that Henan Province experienced 25-percent increases in its migrant children population annually between 2000 and 2006, and together with Guangdong, Anhui, and Sichuan provinces, these areas have the highest concentrations of migrant children in China.
For more information on the conditions of migrant workers in China, see Section II!Worker Rights in the CECC 2009 Annual Report.
| Source: -See Summary (2010-02-23 / English) |
Posted on: 2010-04-02 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=136336 |
Migrant Workers' Children Face Barriers to Education, Activists Call for Fair Treatment
March 8, 2010
China's household registration system places strict limits on where its citizens may legally reside. Given that access to social services is tied to household registration, some migrant workers' children face discrimination and are turned away from urban schools. In light of this, two Beijing-based activists have asked the city's authorities to allocate more money to increase the number of state-run kindergartens in order to accommodate the children of migrant workers who, already facing discrimination in an environment where slots are severely limited, often are denied admission to schools. Some migrant children end up in unlicensed kindergartens that may lack proper oversight. Recent articles and studies have highlighted migrants' difficulties in obtaining equal access to schools for their children, and the factors that discourage many urban state-run schools from accepting migrant children.
China's hukou (household registration) system imposes strict limits on Chinese citizens' ability to choose their permanent places of residence (see the Congressional-Executive Commission on China's topic paper on the hukou system). Migrant workers and their children who do not hold urban hukou registrations face institutional discrimination in school admissions, since access to social services is linked to hukou registrations. Chinese Human Rights Defenders noted in a February 24 report that over ten thousand migrant students were unable to resume classes after the Chinese New Year's holiday in some districts within Beijing as dozens of schools faced forced demolitions. In response, an unnamed Chaoyang District official reportedly told Kyodo News on January 29 that, since the migrant schools were not legally registered, the government would not assist in relocating the migrant students. Against this backdrop, in late January, Hu Xingdou, a professor at Beijing Institute of Technology, and Li Fangping, a human rights lawyer, submitted their motion to the Beijing People's Congress asking the city government to appropriate more funds to increase the number of state-run kindergartens in order to provide better access to schooling for migrant children, according to a February 2 China Labor Bulletin (CLB) report. The same CLB report also indicates that, as of the publication date, municipal officials have not responded to the activists' calls.
The fact that migrant workers do not hold urban hukou registrations means that their children are more likely to be turned away from city schools. As such, some migrant parents send their children to unregistered schools that may lack adequate oversight. In January 2010, a fire at an unregistered kindergarten in Beijing's Chaoyang District killed a two-and-a-half year old girl. A January 19 China Daily article points out that, in response to the fire, a Chaoyang District education official called for a comprehensive inspection of all kindergartens in the district, and insisted that private kindergartens are regularly checked. But when a reporter asked who should be held responsible for the incident, a Chaoyang District Party Committee official placed the blame on the kindergarten's owners, but also told the China Daily that it was "high time for [the parents] to consider the safety of their children and not just worry about money." Another official, cited in the Kyodo News article and speaking more broadly about migrant children's education in Beijing, encouraged parents to "send their children back to their hometowns, because there, education is free and the quality of education is high." Many rural schools, however, reportedly continue to collect fees and the quality of education in many cases reportedly is poor, as detailed in a September 2007 CLB study: Small Hands, A Survey Report on Child Labor in China.
In Beijing, demand for kindergarten is high, and if no action is taken to accommodate more students, the number of students will continue to outpace available school slots in coming years. Between 2006 and mid-2009, more than 460,000 babies were born in Beijing, and about 51 percent of them did not hold Beijing household registration, according to a June 30, 2009, Xinhua report. As Li Fangping told Radio Free Asia (RFA) in a January 29, 2010, article, the birthrate of migrant children in Beijing had already exceeded the city-wide children population by 50 percent. Of the city's migrant children population, RFA notes that about 200,000 are in the pre-school age range. Still, according to the June 30 Xinhua piece and the February 2 CLB report, as it stands, there are 1,266 legally registered kindergartens in Beijing, of which over 300 are state-run, and an additional 1,298 "self-organized kindergartens" not registered with the government; the legal ones!both state-run and private!only can accommodate half of the admissions demand. A Beijing Municipal Political Consultative Conference study cited in the RFA article indicates that 90 percent of parents prefer to enroll their children in the state-run schools, since these institutions are cheaper and have a lower turnover of teachers.
Other cities face similar challenges: research data from the CLB's in-depth report on migrant children indicates that Henan Province experienced 25-percent increases in its migrant children population annually between 2000 and 2006, and together with Guangdong, Anhui, and Sichuan provinces, these areas have the highest concentrations of migrant children in China.
For more information on the conditions of migrant workers in China, see Section II!Worker Rights in the CECC 2009 Annual Report.
| Source: -See Summary (2010-03-01 ) |
Posted on: 2010-03-26 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=136566 |
Official Protestant Church Politicizes Pastoral Training, "Reconstructs" Theology
March 10, 2010
Protestants who worship at officially sanctioned congregations in China continue to encounter state interference in the practice and teaching of their faith. To operate legally, congregations must submit to two state-run "patriotic religious organizations" that run their affairs. China's state-controlled Protestant church manipulates and modifies doctrine and theology in an effort to eliminate elements of Christian faith that the Communist Party regards as incompatible with its goals and ideology. It calls this process "theological reconstruction." Recent meetings between top Party officials and the patriotic religious organizations illustrate the close relationship that the Party maintains with these organizations. Meanwhile, local government reports from various provinces indicate ongoing emphasis on theological reconstruction and political study sessions in registered Protestant churches.
In early February, central Party leaders and top officials from the State Administration for Religious Affairs (SARA) held meetings with representatives of China's "patriotic religious organizations" to commend them for their work in 2009 and to outline the Party's priorities for 2010. Two of the six state-led organizations in attendance!the Committee of the Three-Self Patriotic Movement (TSPM) of Protestant Churches and the China Christian Council (CCC)!are responsible for managing Protestant churches on behalf of SARA and the Party's United Front Work Department (UFWD).
The director of SARA, Wang Zuo'an, addressed the meeting of patriotic religious organizations on February 9 at the Beijing headquarters of the Central Party UFWD, according to a February 10 SARA report (via the Central People's Government official Web site). Wang endorsed the "theological reconstruction" campaign and the political study sessions that the TSPM/CCC requires of registered pastors: "the Protestant TSPM/CCC have achieved positive results through continuing to promote theological reconstruction, strengthening the building of their organizations, and vigorously launching trainings [for pastors]." The day before Wang addressed the patriotic religious organizations, Jia Qinglin, the fourth highest-ranking member of the Politburo Standing Committee, welcomed the leaders of these organizations to Zhongnanhai, a secure compound in central Beijing that houses the Party's top leadership. In this annual meeting to mark the Chinese New Year, Jia articulated the Party's desire for registered clergy who promote its political agenda: "diligently train a corps of qualified religious personnel who are politically reliable" (Xinhua, February 8).
In line with these sentiments expressed by top leaders, government entities from localities across the country issued reports in late 2009 and early 2010 that continue to stress the role of patriotic religious organizations as an instrument of the Party. For Protestants, this role is reflected in the importance afforded to theological reconstruction and political training for pastors.
Guangdong Province
- According to a December 24 report from the Guangdong Ethnic and Religious Affairs Commission (GERAC), a top official for religious affairs in Shaoguan municipality told a local gathering of registered Protestants on December 10 that they must "strengthen theological reconstruction, continuously draw out positive factors from the Protestant canon and doctrines, and push theological reconstruction to new heights."
- In late November, the TSPM/CCC of Jieyang municipality gathered to discuss proposals to facilitate the development of "harmonious churches." Theological reconstruction figured prominently in the proposals put forward by the TSPM authorities: "we must integrate our efforts to build harmonious churches, insist on the three-self principles, and deepen theological reconstruction; [in order to] resist infiltration and various forms of heresy, and bring about healthier development for the church" (GERAC, December 23).
Zhejiang Province
- On February 9, the Zhejiang Ethnic and Religious Affairs Committee reported that the TSPM/CCC held a symposium on theological reconstruction with 151 registered church leaders from across the province. Deng Fucun, the Zhejiang TSPM chairman, told participants how theological reconstruction was necessary to make Christianity sufficiently "Chinese" and to maintain independence from foreign Protestants. Deng described the "spiritual essence" of the TSPM as "insisting on the principle of independence and free initiative without wavering; creating, with single-hearted devotion, a church that belongs to the Chinese people´exerting ourselves to further the construction of a harmonious society´"
- A January 22 report from the Hangzhou Municipal Ethnic and Religious Affairs Bureau (via the Hangzhou Office of Performance Assessment's official Web site) reveals the imperative to modify Protestant doctrine and teachings that lie behind theological reconstruction. Under the heading of "Primary Tasks to Do," the Bureau writes: "we must encourage and support religious circles to interpret doctrines and church rules in ways that conform to the times and accord with the demands of social progress, they must go a step further in deepening Protestant theological reconstruction, push forward with theological reconstruction until its positive results capture pulpits at the basic level."
Jiangsu Province
- On February 2, the Jiangsu Ethnic and Religious Affairs Commission reported on a meeting held earlier the same day by the TSPM/CCC of Huai'an municipality to assess their work from 2009. Authorities congratulated TSPM/CCC clergy for their success at "energetically launching theological reconstruction, strengthening personnel training, and coming together to launch 'blessing the motherland' patriotic propaganda activities that celebrate the 60th anniversary of the founding of the New China´" Among its list of priorities for 2010, the Huai'an TSPM/CCC vowed to "safeguard against cults and resist external [forces] that use religion to infiltrate." Registered churches were also urged to "conduct a careful investigation into and promptly dispose of all existing unsafe and unstable factors in various locations."
- On January 25, the TSPM/CCC in Suzhou convened a meeting to review their 2009 activities and to make plans for 2010, according to an official report from the Suzhou Municipal Ethnic and Religious Affairs Bureau. Although the TSPM/CCC leadership found that official churches had "obtained a certain degree of success in launching patriotic education campaigns´promoting theological reconstruction´ and attracting and fostering personnel," Suzhou religious affairs officials continued to emphasize Party-dictated political "study" for pastors in their 2010 agenda for Protestants: "all pastoral personnel shall attach great importance to study, take study as a responsibility, treat the study system as a type of hard restraint, and earnestly master [their] studies."
- The TSPM in Sihong county ordained 95 deacons on December 15, after determining that they were "politically reliable" and that they "insisted on the three-self patriotic principles, understood policies and regulations, understood church management, and were capable of correctly interpreting doctrines and church rules," according to a December 29 report from the Suqian Municipal Bureau of Ethnic and Religious Affairs.
- A December 3 report from the same source provided details of officially sponsored "preaching competitions" held in Sihong county in spring 2009 for the purpose of "guiding the masses of believers to the correct understanding of the Bible's basic teachings, purifying Protestants' faith, enhancing the adaptation of Protestant faith to socialism, raising their consciousness to resist cult infiltration and to oppose separatism, and promoting social harmony and stability."
Jilin Province
- According to a January 27 report from the Jilin Ethnic and Religious Affairs Commission (via Buddhism Online), SARA approved a request to establish a new TSPM/CCC-controlled Bible school with the "primary task of educating and fostering Jilin province's full-time theology students and training existing pastoral personnel within the province who serve as the backbones of local churches." Jilin authorities stressed the need for TSPM/CCC leaders to strengthen "political and ideological education at the school," and "in a planned way, foster religious personnel who are patriotic, which will have decisive impact on the future face of Protestantism in Jilin."
Yunnan Province
- UFWD and SARA officials in Yiliang county launched a campaign in January to promote the incorporation of Party Chairman Hu Jintao's "scientific development concept" into the teachings of the state-sanctioned church, according to a January 25 report from the official Web site of the Yiliang county government and Party committee. Yang Chaoping, the vice
director of the county UFWD, told local church leaders: "religion must adapt to socialist society; make great efforts to serve the construction of a harmonious society; insist on the three-self principles without wavering; resist, in practical ways, infiltration by external hostile forces; resolutely push forward with theological reconstruction; and accelerate the scientific development of the Protestant church." The vice head of Kuixiang township, Niu Changxiang, urged TSPM/CCC leaders to ensure that "the religious masses strictly abide by national laws and regulations, and endorse and support the leadership of the Chinese Communist Party´"
Hubei Province
- In late November, the TSPM/CCC in Huangshi municipality held its third symposium on theological reconstruction, according to a December 1 report from the Hubei Ethnic and Religious Affairs Commission. Deng Hanguang, the Commission's Vice Director, attended the symposium and "affirmed" the efforts of the TSPM/CCC to reshape Protestant theology. Deng also "raised a clear demand" for how Protestants should explore ways to "deepen the study of the spirit of the leaders' remarks to the plenary session of the 17th Party Congress."
For more information on theological reconstruction and the politicization of pastoral training for registered Protestants in China, see Section II!Freedom of Religion!Protestantism!Controls over doctrine and theology & Controls over pastoral training and preaching in the CECC's 2009 Annual Report.
| Source: -See Summary (2010-03-03 / English) |
Posted on: 2010-03-16 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=136778 |
Rio Tinto Employees Charged With Accepting Bribes, Infringing Trade Secrets
March 10, 2010
The Shanghai People's Procuratorate formally charged four employees of the Anglo-Australian mining firm Rio Tinto on February 10 with "bribery and infringing trade secrets." The four men, three Chinese citizens and one naturalized Australian who is a former Chinese national, were first detained in Shanghai in July 2009 on suspicion of "stealing state secrets," a crime which in China entails closed-door trials and often severe punishment. In August, charges against the four employees were downgraded to "commercial bribery and trade secrets infringement," with the Shanghai Procuratorate last month accusing the men of "taking advantage of their position to seek profit for others, and asking for, or illegally accepting, huge amounts of money from Chinese steel enterprises." Some reports note the timing of the detentions of the four employees, which took place shortly after Rio Tinto pulled out of a proposed $19.5 billion deal with a major state-owned Chinese firm in June 2009.
According to a February 10, 2010, report by Xinhua, China's state-run news outlet, the Shanghai People's Procuratorate has decided to prosecute four employees of the Anglo-Australian mining firm Rio Tinto—an Australian citizen of Chinese descent, Stern Hu, and three Chinese nationals, Wang Yong, Ge Minqiang and Liu Caikui—for "bribery and infringing trade secrets." According to an August 13, 2009, Caijing report, Chinese security agents detained the four men, the general manager of Rio Tinto's iron ore division in Shanghai and three division colleagues, on July 5, 2009, on what Caijing described as "preliminary charges" of stealing state secrets. This crime is not clearly defined in Chinese law, providing authorities with latitude to construe it broadly when applied to information that is not public. (For more information on what constitutes a state secret, see CECC resource page "Silencing Critics by Exploiting National Security and State Secrets Laws.") In August 2009, Chinese authorities imposed formal charges against the four for suspicion of commercial crimes of bribery and stealing trade secrets, according to an August 14, 2009, article in the Wall Street Journal.
The nature of the bribery allegations has varied. A July 15, 2009, article in the state-run China Daily cited an "industry insider" as claiming that "executives from all 16 Chinese steel mills participating in iron ore price talks this year have been bribed by Rio Tinto employees." However, according to the Xinhua report of February 10, 2010, the Shanghai court statement issued on February 10 said prosecutors instead have accused the four Rio Tinto employees of "taking advantage of their position to seek profit for others, and asking for, or illegally accepting, huge amounts of money from Chinese steel enterprises." The receipt of bribes or kickbacks by an employee of a company or enterprise operating in China is illegal under Article 163 of the Criminal Law of the PRC, while payment of commercial bribes is criminalized under Article 164. The Commission to date has found no details on evidence of payment or receipt of bribes by the employees. As to details of the alleged bribery, University of Wisconsin Professor Liu Sida, an expert on the Chinese legal profession, asked in his February 10, 2010, post on the Chinese Law Prof Blog, "if the defendants received criminally large bribes in violation of Article 163, then somebody must have offered them criminally large bribes in violation of Article 164. Where is the prosecution against the bribers?"
Various foreign media reports, including CNN and Reuters in articles on July 8, 2009, noted the timing of the arrests, which took place shortly after Rio Tinto pulled out of a proposed $19.5 billion deal with China's state-owned Aluminum Corp. of China (Chinalco) in June 2009. The deal would have secured for Chinalco an 18-percent stake in Rio Tinto. According to a BBC report, "State-owned Chinalco said it was 'very disappointed' by Rio's rejection of the deal, which would have been China's largest investment in a foreign firm." Around the same time last summer, annual negotiations between the China Iron and Steel Association and top foreign suppliers over reductions in benchmark prices for iron ore imports were also breaking down, forcing Chinese steel mills to pay spot market prices that in some cases were more than 20 percent higher than the negotiated benchmark prices in South Korea, Japan and Europe, according to a July 22, 2009 report in the Wall Street Journal.
Rio Tinto has defended its four employees and denied all allegations of wrongdoing on their behalf, and at the same time has remained commercially engaged in China. Sam Walsh, chief executive of Rio Tinto's iron ore group, said "Rio Tinto believes that the allegations in recent media reports that employees were involved in bribery of officials at Chinese steel mills are wholly without foundation," according to a July 17, 2009, BBC report. Walsh went on to say, "We remain fully supportive of our detained employees, and believe that they acted at all times with integrity and in accordance with Rio Tinto's strict and publicly stated code of ethical behavior." According to the BBC report, senior government officials in Australia have expressed concern to the Chinese government, and the United States has urged fair treatment and transparency for the staff of foreign companies in China. Despite the arrests and acrimony, however, China and Rio Tinto remain intimately linked, with China accounting for about 24 percent of Rio Tinto's total revenue in 2009, according to a February 12, 2010, Wall Street Journal report.
The Rio Tinto case highlights the risks for Chinese employees of foreign companies operating in China, especially in politically sensitive areas (including, but not limited to, primary industries), and the potential interrelationship between commercial crimes and the interests of different government departments and state-owned enterprises, be they domestic industry players or departments such as the state security bureaus or Ministry of Commerce. (For more information on the background of the case, see Rio Tinto box in the CECC 2009 Annual Report, page 221.) This issue arose recently in regard to Google, with some commentators discussing risks to employees arising from Google's announcement on January 12, 2010, that it would review its operations in China in light of Chinese government censorship of the Google search engine and a large cyber attack originating in China. For example, a February 4 Reuters report, noted, "[E]xperts on Chinese law warn that Google employees in China could also face prosecution for breaking the law.... 'If they have a lot of personnel in China and they suddenly decide to change what they're doing in a way that was not permitted by the Chinese government, then that could lead to problems,' said Donald Clarke, a professor of Chinese law at George Washington University Law School, noting Google staff could be at risk of everything from arrest to harassment." According to a report in the March 4, 2010, Washington Post, some companies are reviewing their business models in China, and even getting out of sensitive sectors, or "shifting responsibilities abroad to protect China-based employees."
| Source: -See Summary (2010-03-03 ) |
Posted on: 2010-03-16 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=136723 |
Top Leaders Praise the Work of China's "Patriotic Religious Organizations"
March 10, 2010
Religious believers who worship at registered religious venues, the only legally sanctioned locations where religious activities may be conducted on a regular basis in China, and who belong to registered churches, temples, and mosques, continue to encounter government and Communist Party interference in their religious practice and teachings. Interference occurs in a regular and institutionalized fashion through seven state-led entities called "patriotic religious organizations," which exercise authority over registered religious groups in matters ranging from dictating doctrine to controlling clergy appointments. In recent months, top Party and government leaders have met with the leaders of the patriotic religious organizations to commend them for their support of the authorities in 2009 and to outline goals for their work in 2010.
In early February, central Party leaders and top officials from the State Administration for Religious Affairs (SARA) held meetings with representatives of China's "patriotic religious organizations" and the Ethnic and Religious Affairs Commission of the Chinese People's Political Consultative Conference to commend them for their work in 2009 and to outline the Party's and government's priorities for 2010. Six patriotic religious organizations attended these meetings, representing the five officially recognized religions in China: the Buddhist Association of China, the Chinese Taoist Association, the Islamic Association of China, the Catholic Patriotic Association, the China Christian Council and the Committee of the Three-Self Patriotic Movement (TSPM) of Protestant Churches.
The director of SARA, Wang Zuo'an, addressed the meeting of over 200 leaders of patriotic religious organizations on February 9 at the Beijing headquarters of the Central Party United Front Work Department, according to a February 10 SARA report (posted on the official Web site of the Central People's Government). Wang described 2009 as an "important year" in which patriotic religious organizations "comprehensively carried out the Party's fundamental policies on religious affairs work." Wang noted how 2009 witnessed a "strong start to activities [aimed at] establishing harmonious temples and churches," and how authorities were able to "achieve headway in solving important and difficult problems in the religious sphere." Wang praised their efforts to advance the Party's policies through international exchange activities. China's patriotic religious organizations, in their roles within the China Committee on Religion and Peace, have "expanded into new frontiers of foreign exchange," according to Wang, and "safeguarded the core interests of our nation with regard to the problems of Taiwan, Tibet, Xinjiang, and the Falun Gong." Wang expressed his hope that in 2010 "each religion will continue to develop love of country, love of religion ... [and] vigorously advocate the concept of religious harmony and go a step further in strengthening ideological construction ..."
The day before Wang addressed the patriotic religious organizations, Jia Qinglin, the fourth highest-ranking member of the Politburo Standing Committee, welcomed the leaders of these organizations to Zhongnanhai, a secure compound in central Beijing that houses the Party's top leadership. In this annual meeting to mark the Chinese New Year, Jia articulated the Party's desire for registered clergy who promote its political agenda: "diligently train a corps of qualified religious personnel who are politically reliable, have scholarly attainments, and have the moral character to gain popular respect" (Xinhua, 2/8). Jia praised patriotic religious organizations for "resolutely resisting outsiders who use religion to carry out various infiltration activities against us," and highlighted their performance during the July 2009 demonstrations and rioting in Urumqi: "religious circles took a firm stance, showed their true colors, actively coordinated with the Party and the government to do good work, and forcefully defended social stability, the socialist legal system, and the fundamental interests of the masses" (Xinhua, 2/8). Jia's comments echoed remarks he made to the same groups the prior year regarding their role in supporting the suppression of widespread peaceful protests (and some rioting) by Tibetans in spring 2008: "From the beginning to the end ... religious circles and every religious organization unwaveringly submitted to and served the Party and government's work for the nation's interests ... they showed their true colors by condemning the serious violent incidents ... in Lhasa on March 14, resolutely endorsed the policies and measures adopted by the Party and government to suppress [the protests], and took concrete action to safeguard ethnic unity, social stability, and unification of the motherland," according to a February 2, 2009, Xinhua report (reprinted on the official Web site of the Jinan Municipal Office of the Chinese People's Political Consultative Conference).
For more information on the role of patriotic religious organizations in overseeing and regulating registered religious groups on behalf of the Communist Party, see Section II!Freedom of Religion in the CECC's 2009 Annual Report.
| Source: -See Summary (2010-02-25 / English) |
Posted on: 2010-03-16 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=136443 |
Chengdu Court Sentences Tan Zuoren to Five Years and Upholds Huang Qi's Sentence
February 26, 2010
In mid-February 2010, the Chengdu Intermediate People's Court in Sichuan province sentenced writer and environmental activist Tan Zuoren to five years in prison for inciting subversion, and upheld the three-year sentence of fellow activist Huang Qi for illegal possession of state secrets. Both were active in criticizing the government for not doing enough to investigate the causes of school collapses in the May 2008 Sichuan earthquake and were detained shortly thereafter.
On February 9, 2010, the Chengdu Intermediate People's Court in Sichuan province sentenced writer and environmental activist Tan Zuoren to five years in prison, and the day before upheld the three-year sentence of fellow activist Huang Qi, according to a February 8 Chinese Human Rights Defenders article and a February 9 Associated Press article (via New York Times). Both had criticized the government for not doing enough to investigate the causes of school collapses in the May 2008 Sichuan earthquake or to address the demands of grieving parents.
The court in Tan's case made no mention of the independent investigation Tan undertook just before he was detained and which found that problems with the quality of the construction of school buildings were a contributing factor in some of the students' deaths, according to a copy of the court's judgment posted on the China Free Press Web site on February 10, 2010. Instead, the court concluded that Tan had committed the crime of "inciting subversion" for activities relating to commemorating the 1989 Tiananmen protests and criticizing the Party's handling of the protests. The judgment said Tan had posted an essay on a foreign Web site in 2007 that "distorted" and "slandered" the Party's handling of the protests, organized a blood drive in 2008 commemorating the protests, and e-mailed the overseas exile and former 1989 student leader Wang Dan regarding a proposed blood drive to commemorate the 20th anniversary of the protests in 2009. The court also noted that after the Sichuan earthquake Tan had given interviews to foreign media in which he "issued a lot of speeches seriously slandering the Party and government's image."
A lower court sentenced Huang to three years in prison for illegal possession of state secrets on November 23, 2009. Authorities detained Huang in June 2008 after he used his human rights Web site to advocate for parents who lost children in school collapses during the May 2008 Sichuan earthquake. The court, however, punished Huang for the crime of illegal possession of state secrets, claiming that Huang possessed "confidential" city-level and Communist Party documents on a portable hard drive. One of Huang's lawyers said the documents were publicly available and that the charges were fabricated.
Following the earthquake, which officially left 68,712 dead, including 5,335 schoolchildren, and 17,921 missing, parents of the children grew frustrated with officials' unwillingness to investigate fully the role that shoddy construction and corruption may have played in the school collapses, many of which occurred while other nearby buildings remained standing. For more information about official efforts to suppress public criticism of the collapse of schools and schoolchildren deaths following the May 2008 Sichuan earthquake, see p. 47 in Section II!Freedom of Expression in the CECC 2009 Annual Report, as well as a previous analysis on Huang's August 5 trial and Tan's August 12 trial.
| Source: -See Summary (2010-02-23 ) |
Posted on: 2010-03-16 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=136354 |
Beijing High People's Court Affirms Liu Xiaobo's 11-Year Sentence
February 26, 2010
The Beijing High People's Court upheld the 11-year sentence of prominent writer Liu Xiaobo on February 11, 2010, for essays he wrote criticizing the Communist Party and advocating for political reforms and for his participation in Charter 08, a document calling for political reform and human rights. Liu's use of the Internet to disseminate his views figured prominently in the court's decision to affirm what is reportedly the longest sentence for the crime of inciting subversion of state power in at least a decade.
The Beijing High People's Court announced on February 11, 2010, its decision to uphold the 11-year sentence of prominent writer Liu Xiaobo for "inciting subversion of state power," according to a February 11 Human Rights in China (HRIC) report. (Boxun has posted a copy of the Beijing High People's Court's judgment.) The judgment, dated February 9, echoed the lower court's ruling that Liu had taken advantage of the "special features" (tedian) of the Internet to disseminate essays and collect signatures for Charter 08 in order to "slander and incite others to overthrow our country's state power and socialist system." As the Congressional-Executive Commission on China (CECC) noted in an earlier analysis, the lower court cited specific passages in Charter 08 and Liu's essays that were critical of the Communist Party and supportive of democracy, but provided no evidence that Liu advocated violence. (See a CECC summary of the essays and an HRIC English translation of the lower court's December 25, 2009, judgment.) In Liu's appeal defense statement (HRIC English translation), dated January 28, his lawyers argued that the court had conflated the government and ruling party with the "state" and that Liu's criticism of the government and Communist Party were a legitimate exercise of Liu's constitutional rights. The defense's appeal also explained how specific passages the court said "incited subversion of state power" were merely Liu's views on reforming China's political system, including lifting the ban on independent political parties.
The Beijing High People's Court also rejected Liu's argument that the lower court should have counted the time he served under "residential surveillance" toward his sentence because the residential surveillance amounted to de facto detention. Officials kept Liu under "residential surveillance" at an undisclosed location away from his Beijing home for more than six months before formally arresting him on June 23, 2009. Liu's lawyers argued in their appeal that the Beijing Public Security Bureau's residential surveillance of Liu was a "disguised method of detention." They noted that the residential surveillance violated the law because Liu was not held at his legal residence, Liu's wife was not allowed to live with him, and Liu was denied access to his lawyer. The Beijing High People's Court addressed the issue in cursory fashion, stating that public security officials had acted "according to law and regulations," without explaining how it came to this conclusion or further analyzing why the residential surveillance as applied to Liu should not count toward time served. (See a previous CECC analysis that finds support for the contention that Liu's residential surveillance should have counted toward time served.)
Both the trial and appellate court judgments reflect officials' heightened sensitivity to citizens' use of the Internet to criticize the government and Communist Party. Both judgments noted that Liu had taken advantage of the Internet's "special features" of "rapid transmission of information, broad reach, great social influence, and high degree of public attention." Both cited the number of hits Liu's essays received and noted that the essays had been linked to and reposted on other Web sites. As noted in a recent CECC analysis, China's public security leadership continues to prioritize control over Internet content and traffic as an essential tool in their campaign to "safeguard stability."
Jon Huntsman, U.S. Ambassador to China, said in a press release on Liu's appeal that "[Liu] should not have been sentenced in the first place and should be released immediately. We have raised our concerns about Mr. Liu¨s detention repeatedly and at high levels, both in Beijing and in Washington, since he was taken into custody over a year ago. Mr. Liu has peacefully worked for the establishment of political openness and accountability in China. Persecution of individuals for the peaceful expression of political views is inconsistent with internationally-recognized norms of human rights." Following Liu's original sentence in December, the UN High Commissioner for Human Rights Navi Pillay said "[t]he conviction and extremely harsh sentencing of Liu Xiaobo mark a further severe restriction on the scope of freedom of expression in China," according to a December 25 UN News Centre article. In January, four Communist Party officials signed a letter calling for authorities to reverse the verdict against Liu, according to a January 24 Associated Press article (via Yahoo!News). In response to a question about Liu's appeal decision, Chinese Ministry of Foreign Affairs spokesperson Ma Zhaoxu told reporters at a regular press conference on February 11 that China has "no dissidents," according to a February 11 Agence France-Presse article (via Google News). In addition, Xinhua, China's central government news agency, issued a report on February 11 citing several Chinese legal scholars' support of the decision. "The court's verdict is in accordance with China's Criminal Law and is in line with the International Covenant on Civil and Political Rights as well as internationally-recognized restriction of norms regarding freedom of expression," said Professor Gao Mingxuan, president of the China branch of the International Association of Penal Law.
See a previous CECC analysis on Liu's case for a discussion of how China's use of criminal law anti-subversion provisions to punish peacefully expressed views violates international human rights standards, including the International Covenant on Civil and Political Rights. For more information on how Chinese officials use the criminal charge of subversion or inciting subversion to punish citizens who express opposition to the Communist Party, see pp. 46-47 of the CECC 2009 Annual Report.
| Source: -See Summary (2010-02-18 ) |
Posted on: 2010-03-16 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=136147 |
Xinjiang "Ethnic Unity" Regulation Imposes Party Policy, Restricts Free Expression
February 24, 2010
Following unrest in the far western region of Xinjiang in July 2009, the Xinjiang People's Congress Standing Committee passed an all-encompassing regulation on promoting ethnic unity, effective February 1, 2010, that promulgates Communist Party policy on ethnic issues and imposes far-reaching controls on freedom of expression. The legislation appears to be the first provincial regulation in China devoted to ethnic unity. The regulation comes amid an array of other measures!in both law and practice!to impose ethnic unity education in the region and restrict free expression on issues perceived to relate to ethnic unity. The regulation contravenes provisions in international law that limit the circumstances under which the right to freedom of expression may be restricted.
The Xinjiang Uyghur Autonomous Region (XUAR) People's Congress Standing Committee passed the XUAR Ethnic Unity Education Regulation on December 29, 2009, effective February 1, 2010, that promulgates Communist Party policy on ethnic issues and imposes tight controls on freedom of expression, with implications in areas such as academic freedom, educational curricula, and commercial decisions. The regulation follows unrest in July 2009 that underscored deep tensions in the XUAR and rifts between Han and Uyghur communities. While the regulation includes such stated aims as promoting equality, taken as a whole, the regulation represents a far-reaching and intrusive tool for imposing Party policy on XUAR residents, placing them at risk of violating vaguely worded prohibitions that restrict free speech. XUAR officials have described the regulation as a way to codify ethnic unity education into law especially after events in July (see, e.g., remarks of Eligen Imibakhi and Shawket Imin via Tianshan Net, December 30). The regulation also follows the release of national directives in late 2008 and 2009 on promoting propaganda and education on ethnic policies and on ethnic unity education in schools. After the release of the national directives!which followed 2008 protests and riots in Tibetan areas of China!localities throughout China have reported taking renewed steps to promote ethnic unity campaigns and education. (See, e.g., a January 19 report from China Ethnicities News, January 18 report from the Qingdao Ethnic and Religious Affairs Bureau, via the State Ethnic Affairs Commission (SEAC), October 13, 2009, report from the Guizhou Ethnic Affairs Commission, via SEAC, and September 9 opinion from the Inner Mongolia Autonomous Region Education Department, available as a download via the Inner Mongolia Medical Institute.)
While localities throughout China have bolstered ethnic unity campaigns, the XUAR legislation appears to be the first recent effort to create a formal regulation on unity education. Key features of the new regulation include:- Aim of the Regulation. Stating that "ethnic separatism" is the main danger to stability in the XUAR, the regulation describes strengthening ethnic unity as citizens' "sacred duty" and "glorious obligation" (Article 5). It also notes that citizens have a "right" and "responsibility" to receive ethnic unity education (Article 6).
- Scope of implementation. The regulation spells out the responsibilities of various government offices, Party organizations, and other institutions in incorporating ethnic unity education into their work and describes intended recipients of such education (see generally Section 2 of the regulation). The regulation charges educational institutions (Article 12), the judiciary (Article 15), human resources offices (Article 16), religious affairs bureaus (Article 17), commercial and industrial agencies (Article 18), and social organizations like trade unions and women's federations (Article 19), among other groups, with including unity education in their work and spreading ethnic unity education to various segments of the population. Educational institutions' tasks include promoting unity education at the kindergarten level, which is lower than the grade level mandated in the national circular on unity education in schools.
- Controls Over Free Speech. Provisions in the regulation call for supervision of artistic and cultural venues (Article 13) and oversight of the publishing market (Article 14); forbid "contents and acts not beneficial to ethnic unity" in commercial activities (Article 18); and call on academic research institutions in philosophy and the social sciences to research "ethnic unity theory and major achievements in practice" and provide "scientific theory guidance and support" for ethnic unity education (Article 22). Other articles also carry implications for academic freedom. Article 12 forbids anyone from using forums or platforms at educational institutions to disseminate speech "not beneficial" to the "unity of the motherland, ethnic unity, and social stability." Article 23 lists a range of subjects as components of unity education, including the history of Xinjiang and "history of ethnic minority development," against a track record of politicizing academic analyses of the region and censoring historical analyses that deviate from state-sanctioned positions. (See the Congressional-Executive Commission on China 2009 Annual Report, page 147 and accompanying footnotes, for more information.)
- Punishments. The regulation details repercussions and penalties for "words and acts" (Article 36) and for disseminating speech (Article 37) "not beneficial" to ethnic unity. Under Article 37, spreading such speech can carry the possibility of administrative punishment or, where the violation constitutes a crime in the PRC Criminal Law, the possibility of criminal penalties.
The regulation violates international human rights protections for freedom of expression, which limit the circumstances under which this right may be restricted. Article 19 in both the International Covenant on Civil and Political Rights (ICCPR), which China signed and has committed to ratify, and the Universal Declaration of Human Rights (UDHR), provide for a right to freedom of expression. Both the ICCPR (Article 19, paragraph 3), and the UDHR (Article 29) allow officials to limit this right, but only if such restrictions are "provided by law" (ICCPR), or "determined by law" (UDHR), and "necessary" for (ICCPR), or "solely for the purpose of" (UDHR), respecting the rights or reputations of others or protecting national security, public order, public health or morals, or the general welfare. General Comment 10 to Article 19 of the ICCPR notes that restrictions on freedom of expression "may not put in jeopardy the right itself." Without clearly articulated provisions elsewhere in law narrowly tailored to meet the necessity of upholding the rights or interests set forth in these documents, the regulation violates the provisions in international law.
The regulation also comes amid an array of other steps!in both law and practice!to impose ethnic unity education in the region and restrict free expression including on issues perceived to relate to ethnic unity. In October 2009, a XUAR official described plans to add new curricula on ethnic unity to XUAR schools, according to an October 12 Xinhua report, while Urumqi schools have made questions on ethnic unity 20 percent of students' grades on their school exams in politics, according to an October 21 Xinhua report. See also a Legal Daily report (via SEAC, October 15) on ethnic unity education at the college level. For information on other recently promulgated regulations from the XUAR that address ethnic unity and affect free speech, as well as examples of people detained for exercising this right, see additional CECC analyses (1, 2). Most recently, XUAR authorities reported placing XUAR residents into criminal detention or imposing administrative punishments for spreading "harmful" information by text message and phone calls, including information that "destroys ethnic unity," according to a February 7 Tianshan Net report. Based on abbreviated names of those involved, the people penalized appeared to include both Han Chinese and Uyghurs. Earlier in the year, authorities described punishing three other people also for spreading "harmful" information through text messages, "bringing about social panic and influencing social stability and ethnic unity," according to a January 25 report from the XUAR Public Security Department, via Xinhua, January 26.
For more information on conditions in the XUAR, see Section IV!Xinjiang in the CECC 2009 Annual Report.
| Source: -See Summary (2010-02-04 / English) |
Posted on: 2010-03-16 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=135732 |
Top Chinese Security Officials Urge Continued Crackdown in 2010
February 12, 2010
China's top security officials issued statements in late 2009 and early 2010 that indicate top-level support for an indefinite extension of a security crackdown ostensibly aimed at "safeguarding social stability." China's leadership launched this most recent campaign with a series of temporary security measures for hosting the 2008 Beijing Summer Olympics, and later justified their continuation as a necessary response to the global financial crisis and politically "sensitive" anniversaries in 2009. The 2010 extension of this campaign coincides with the planned enhancement of intelligence collection and information sharing between security agencies across jurisdictions that will facilitate the Party's "prevention and control" efforts. Surveillance carried out through video cameras, street patrols, paid informants, and greater Internet monitoring is central to this "social management" campaign. Security forces are using the campaign to target "hostile forces" such as "ethnic separatists," "religious extremists," political activists, and Falun Gong practitioners.
On December 18, 2009, the Communist Party and central government public security leadership in Beijing held a video teleconference with members of the Party's political-legal committees, which among other things, oversee the law enforcement apparatus at the local level across the nation, according to a December 28 Legal Daily report (reprinted in Xinhua). The meeting focused on propagating the Party's public security agenda for 2010, summarized as "three key projects," an agenda which also was disseminated by the state-run media. Zhou Yongkang, member of the Politburo Standing Committee and the secretary of the Party's Central Political-Legal Committee,described the "three key projects" as "moving fully ahead with the settlement of social contradictions, innovations in social management, and the fair and honest enforcement of the law," according to a December 18 Xinhua report (reprinted on the website of the Communist Party of China).
Recent comments by top leaders suggest that the central government plans to continue in 2010 the campaign to "safeguard stability" (weiwen) that it launched in 2008 and 2009. Yang Huanning, Executive Vice-Minister of the Ministry of Public Security (MPS), told participants in the video teleconference that "in the next year, the conditions for safeguarding stability will not ease; the pressure to safeguard stability will not lighten" (Legal Daily, 12/28). At a meeting held in Tianjin in early December 2009, Zhang Gaoli, Politburo Member and Secretary of the Tianjin Municipal Party Committee, spoke of persistent and "severe challenges" to social stability and told local state security officials that "you must maintain a clear mind´ [and] never lower your guard," according to a December 3 Tianjin Daily report. Zhang also urged these officials to "work diligently to build an impregnable fortress for defending state security and social stability." Public security officials in Fujian province gathered on January 5 for a province-wide meeting in which the MPS conveyed its "demand" that "from the beginning to the end of 2010´ criminal and investigative departments within public security agencies throughout the nation´ must maintain a strike-hard posture of elevated pressure," according to a January 6 Legal Daily report.
Emphasis on Controlling the Internet
China's public security leadership continues to prioritize control over Internet content and traffic as an essential tool in their campaign to "safeguard stability." In a December 1, 2009 essay published in the Party's official journal Seeking Truth (Qiushi), Meng Jianzhu, the Minister of Public Security, spelled out his concerns about the Internet: "The Internet has already become an important means by which anti-China forces carry out infiltration and sabotage against us and magnify their capacity to cause damage. The Internet represents a new challenge for public security forces safeguarding state security and social stability." Meng called on officials to "place greater priority on correctly guiding online public sentiment." Zhou Yongkang, in expounding upon the "three key projects" in the December 18 video teleconference, noted that gaining greater control over "the management of the building of online virtual communities" was one of the "innovations in social management" that public security forces must pursue (Xinhua, 12/18).
Harnessing Technology to Strengthen "Security"
Chinese security forces are acquiring and developing new technologies to improve coordination across jurisdictions and to enhance intelligence, surveillance, and early warning systems through a process they refer to as "informatization" (xinxihua). "Informatization," according to Meng Jianzhu, will lead to the creation of a "prevention and control" system that is "omni-directional, all-weather, and free of cracks" (Seeking Truth, 12/1). Meng outlined "six nets" of "prevention and control" that will facilitate widespread video surveillance and increased monitoring of citizens' activities on the streets, in residential communities, in work units, and on the Internet. Yang Huanning announced to video teleconference participants on December 18 that 2010 would witness the second phase of the roll-out of the "Golden Shield Project," a large-scale, technology-driven intelligence collection system: "We should comprehensively promote the second phase construction of the 'Golden Shield Project,' with focus placed on the building of an information system of 'Great Intelligence' for public security forces; strive to complete the building of a three-tier intelligence platform at the three levels of ministries, provinces, and municipalities by the end of next year" (Legal Daily, 12/28). Yang also revealed specific groups that the Golden Shield would target: "we should´ vigorously strengthen intelligence work; closely guard against and severely crack down on disruptive sabotage activities staged by hostile forces, ethnic separatists, forces of terror and violence, religious extremist forces, and the 'Falun Gong' cult both inside and outside of the country; and work hard to ensure that we obtain early warning and first-strike capabilities to subdue the enemy." In early December, Minister of State Security Geng Huichang described these efforts to "constantly strengthen and perfect" the "prevention and control" system as necessary to "win the 'people's war' of safeguarding state security and socio-political stability under the new conditions" (Tianjin Daily, 12/03).
Focus on "Disposing of" Mass Incidents
Chinese security officials have identified the prevention of "mass incidents" (quntixing tufa shijian) -- the Party's umbrella term for mass petitions, violent riots, and unauthorized peaceful demonstrations and assemblies -- as a crucial aspect of "safeguarding stability" and the primary task associated with the "key project" of "settling social contradictions." As mentioned above, the "three key projects" refer to the Party's 2010 public security agenda of resolving social unrest, deploying technology to upgrade "social management," and working to curb corruption among security officials. The central leadership has stressed the importance of resolving "mass incidents" at the local level to prevent unrest from spreading to Beijing. This policy appears aimed at insulating the central leadership from the backlash against policy failures and official corruption. In his December 1 essay in Seeking Truth, Meng Jianzhu urged security officials to "promptly report" any "clues of instability" to the Party Committee and government, and "by hook or crook´and to the utmost limit, settle disputes at the grassroots level, solve problems at the local level, eliminate hidden dangers at the germination stage, and prevent the occurrence of mass incidents at the source." Zhou Yongkang, while visiting Sichuan province in early January, repeated this refrain to local security officials: "by hook or crook, eliminate contradictions and disputes at the germination stage, settle them at the grassroots level" (Xinhua, 01/06).
| Source: -See Summary (2010-02-01 / English) |
Posted on: 2010-03-16 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=135611 |
Revised Social Order Regulation in Xinjiang Places New Emphasis on State Security
February 24, 2010, updated February 26, 2010
The Xinjiang government has revised a regulation on social order to place new emphasis on combating threats to state security. "Social order" regulations in China typically address general criminal activities, "social unrest," and other perceived threats to stability, and the Xinjiang regulation's new focus on state security is largely unseen in recent social order regulations elsewhere in the country. The revisions come as the Xinjiang government has strengthened security measures following unrest in the region in July. Xinjiang authorities have used security campaigns and charges of endangering state security to punish people for peaceful activism, free expression of ethnic identity, and independent religious activity.
A newly revised regulation in the Xinjiang Uyghur Autonomous Region (XUAR) has redefined the region's priorities in maintaining social order (shehui zhi'an), placing new emphasis on combating perceived threats to state security in the region. The XUAR People's Congress Standing Committee made revisions to the XUAR Regulation on the Comprehensive Management of Social Order on December 29, 2009, effective on February 1, 2010. The government originally adopted the regulation in 1994 and made minor revisions in 1997; the current revisions supersede the 1997 version. Other provincial-level areas also maintain regulations on social order, in line with a national directive, and some include attention to state security threats. In an examination of national directives and recently adopted or revised social order regulations from other provinces, however, the Congressional-Executive Commission on China (CECC) found that the XUAR regulation's new emphasis on state security is largely unseen in other localities as well as in the XUAR's own previous social order provisions. (See below for details.) The revisions in the XUAR come amid an array of recent steps to increase security in the region following unrest in July 2009. As described in the CECC 2009 Annual Report, the XUAR government has used security campaigns and charges of endangering state security to punish people for peaceful activism, free expression of ethnic identity, and independent religious activity. XUAR People's Congress Standing Committee chairperson Eligen Imibakhi said the revisions respond to "new conditions" in the region, especially as unrest in July demonstrated "problems" in the region's existing measures to maintain social order, according to a January 6 China News Net article.
Revisions Redefine Social Order Priorities in the XUAR
The revised XUAR regulation alters the region's framework for social order as defined in the 1997 version. The newly revised regulation places "striking hard" and preventing the "criminal activities of ethnic separatist forces, violent terrorist forces, and religious extremist forces that endanger state security" as the first of 12 "main tasks" for social order work, along with "upholding the unification of the country, ethnic unity, and social stability" (Article 5). The regulation targets general criminal activity and threats to social order as its second task, with managing work on religion and preventing, punishing, and banning illegal religious activities as its third. In contrast, the 1997 version defined its main tasks as broadly regulating social order by attacking, preventing, and reducing crimes and upholding the region's political and social stability (Article 3). The 1997 version included one article on strengthening regulation of religion and preventing the use of religion to carry out illegal and criminal activities (Article 32) and called for honoring people who contribute to the "battle" against separatist acts (Article 42(3)). At the same time, the 1997 version made no mention of the "three forces" [terrorism, separatism, and religious extremism] as a whole or of crimes of endangering state security. Multiple provisions in the newly revised regulation single out the "three forces" and state security crimes, calling for the judicial system to place priority on such issues, for government offices to punish creating, publishing, selling, or distributing materials with such content, and for village and urban residential committees to guard against sabotage and infiltration by the "three forces," among other examples. (See mention of these issues in Articles 11, 16, 25, 36(3), and 42(2), in addition to Article 5.) The revised regulation also calls for increased regulation of ethnicity and religion work, for preventing and banning illegal religious activities, and attacking criminal activities carried out in the name of "ethnic and religious issues" (Article 23). In addition, it increases oversight of floating populations, a focus consistent with central government concerns over migrant populations, but also with recent efforts in the XUAR to tighten control over this group following the July unrest. (See, e.g., the CECC 2009 Annual Report, page 261, and a November 23 Xinhua article.)
Both the recently revised XUAR regulation and the 1997 version, as well as social order regulations from other provinces, cite a national 1991 directive as the basis for the provincial-level legislation. The national directive, a March 1991 decision on strengthening the comprehensive management of social order from the National People's Congress (NPC) Standing Committee, broadly describes the main responsibilities for social order work to encompass fighting against crimes that harm society. The decision also stresses the importance of promoting education in law and political ideology among society, especially youth; encouraging people to participate in upholding social order; mediating civil disputes, mitigating "contradictions" in society, and eliminating causes of instability; and strengthening work toward criminals and people released from prison or reeducation through labor. The decision does not mention state security. Other national-level directives also have addressed social order work. A decision on strengthening the comprehensive management of social order issued in February 1991 by the Communist Party Central Committee and State Council is more detailed than the NPC Standing Committee's decision from the same year but includes a similarly broad definition of social order work. It includes one reference to promoting education in safeguarding state security. A 2001 opinion on further strengthening the comprehensive management of social order, also from the Communist Party Central Committee and State Council, expands on the February 1991 directive, citing new concerns about "ethnic separatist, religious extremist, and terrorist forces," and their "use of so-called ethnic, religious, human rights and other issues" to cause disturbances. Concrete measures in the 2001 directive continue, however, to focus on a broad array of perceived social order threats and do not single out religious or ethnic issues or mention state security, thereby not emphasizing these issues in a way seen in the revised XUAR regulation.
Xinjiang Regulation's Focus on State Security Largely Unseen Elsewhere in China
The revised XUAR regulation includes a degree of focus on state security largely unseen in the recent legislation of other provinces. In an examination of regulations revised or adopted by other provincial-level areas in recent years!those from Zhejiang, Hubei, Jilin, and Shanxi provinces and the Tibet Autonomous Region (TAR)!the CECC found that only the TAR regulation, adopted in 2007, includes a definition of the responsibilities for social order work that deviates significantly from the national directive described above and stresses some concerns similar to those in the XUAR regulation. The TAR regulation's definition includes emphasis on combating "infiltration and sabotage" by "separatist forces" as well as on targeting other criminal activity, and also stresses patriotism, ethnic unity, and strengthening management over religious activities (Article 4). The TAR regulation maintains this focus elsewhere within the regulation. See, e.g., Articles 10, 12, 16, 30, and 45(1) and 45(3). The regulations from both the XUAR and TAR reflect tight government controls in both places, where government authorities characterize the areas as facing heightened security threats, including separatist activity. Regulations from other provinces include limited mention of state security concerns or religion, but not as defining components of social order work. See, e.g., Articles 11, 16, and 18 in the Jilin regulation, Article 26 in the Zhejiang regulation, Article 13 in the Shanxi regulation, and Articles 9 and 13 in the Hubei regulation.
For more information on conditions in the XUAR, see Section IV!Xinjiang in the CECC 2009 Annual Report.
| Source: -See Summary (2010-01-26 / English) |
Posted on: 2010-03-16 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=135388 |
Communist Party Leadership Outlines 2010–2020 "Tibet Work" Priorities at "Fifth Forum"
March 9, 2010
Summary
The nine-member Standing Committee of the Political Bureau (Politburo) of the Central Committee of the Chinese Communist Party (CCP) convened the "Fifth Tibet Work Forum" on January 18-20, 2010, in Beijing. The Fifth Forum applied the highest imprimatur of Party power to policy objectives for the Tibetan autonomous areas of China during the period 2010 to 2020. The objectives of the Fifth Forum remain largely consistent with previous such meetings, but state resources available to expand and speed up policy implementation have increased as China's wealth increases and the country modernizes. Speaking at the forum, President Hu Jintao and Premier Wen Jiabao laid out goals that would strengthen further policy initiatives that already have had substantial impact on the Tibetan people and culture: accelerating economic development, increasing household income (especially in rural areas), improving social services, and protecting "stability" by striking at what officials say is a separatist threat that "the Dalai clique" poses. Hu used a Marxist theoretical concept ("special contradiction") to cast the Dalai Lama ("the Dalai Clique") as a threat to ethnic unity and stability. In doing so, Hu may seek to heighten further the Party campaign against the Dalai Lama by linking resolution of the "special contradiction"!bringing to an end the Dalai Lama's influence among Tibetans in China!to the Party's reputation as "Communist."
The Fifth Forum introduced a new and important initiative: establishing the coordinated implementation of Party and government policies on Tibetan issues in an area that will include not just the Tibet Autonomous Region, but also Tibetan autonomous prefectures and counties located in Qinghai, Gansu, Sichuan, and Yunnan provinces. The expanded area is contiguous and approximately doubles the number of Tibetans who live within the forum policy area. Fifth Forum objectives have incorporated measures and trends that took shape after the 2001 Fourth Forum on Tibet Work: using newly created government regulations to intrude upon and control Tibetan Buddhism, and expanding the campaign to end the Dalai Lama's influence among Tibetans. The Fifth Forum committed the Party and government leadership to achieving sweeping economic, social, and cultural changes throughout the Tibetan autonomous areas of China by 2020!the same year that the government intends to have completed the "redesign" of Lhasa and the construction of a network of railways crisscrossing the Tibetan plateau. [For more information on Chinese government plans for 2020, see the Commission's Special Topic Paper: Tibet 2008-2009.]
Prior to Fifth Forum, Politburo Sets "New" Governing Strategy: Developing a Tibet With "Chinese Characteristics" and "Tibetan Traits"
On January 8, 2010, 10 days prior to the start of the Fifth Tibet Work Forum (Fifth Forum), the Political Bureau (Politburo) of the Standing Committee of the Chinese Communist Party (CCP) met to assess "the advancement of work on Tibet's development by leaps and bounds and long-term order and stability in the new situation" during the period following the June 2001 Fourth Tibet Work Forum (Fourth Forum, see background information below), and to plan the Party¨s "work on Tibet" for the period ahead, according to a Xinhua report the same day (translated in OSC, 8 January 10). A January 10 Xinhua report (translated in OSC, 10 January 10) on the January 8 meeting noted that the Politburo had finished "mapping out" a "new general strategy for governing Tibet" that stressed "four adherences:"- "Insist on adherence to the [CCP¨s] leadership";
- "Insist on adherence to the socialist system";
- "Insist on adherence to the system of regional autonomy for minority nationalities"; and
- "Insist on adherence to a development path with Chinese characteristics and Tibetan traits."
The fourth "adherence" demonstrates that the Party will continue the policy of creating a Tibet where the principal features (the "development path") are Chinese, but where "Tibetan traits" will remain. The Politburo, the highest-ranking bureau within the Party¨s Central Committee, has 25 members according to an October 2007 Xinhua report. None of the Politburo members who established the "new general strategy for governing Tibet" are Tibetans. One of the 25 Politburo members is an ethnic minority (Hui Liangyu, an ethnic Hui) and one (Liu Yandong) is a female. The four "adherences" reinforce the high degree of subordination imposed on local ethnic autonomous governments established under China¨s Constitution and Regional Ethnic Autonomy Law (REAL). [For more information on the REAL and China¨s regional ethnic autonomy system, see the Commission's Special Topic Paper: Tibet 2008-2009, and Section III!Monitoring Compliance with Human Rights!Special Focus for 2005: China's Minorities and Government Implementation of the Regional Ethnic Autonomy Law!in the Commission's 2005 Annual Report.]
The Fifth Forum: Mixing Continuity, Policy Coordination Across an Expanded Tibetan Area, and a Struggle Against a "Special Contradiction"
The Entire Politburo Standing Committee Presides. According to a January 22 Xinhua report (translated in OSC, 25 January 10), the entire nine-member Politburo Standing Committee presided at the January 18-21 Fifth Forum: Party General Secretary and President of China Hu Jintao, Chairman of the National People¨s Congress Standing Committee Wu Bangguo, Premier of the State Council Wen Jiabao, Chairman of the National Committee of the Chinese People's Political Consultative Conference Jia Qinglin, Li Changchun, Vice President of China Xi Jinping, Vice Premier of the State Council Li Keqiang, He Guoqiang, and Secretary of the Party Central Committee¨s Politics and Law Commission Zhou Yongkang. A total of 332 officials representing the Party and central government, the Tibet Autonomous Region (TAR), other provincial-level areas, the People¨s Liberation Army, and the People¨s Armed Police attended the meeting, the Xinhua report said.
Hu Jintao Claims National and International Stakes for Tibetan Development, Stability. Hu Jintao linked the outcome of the Fifth Forum to international well-being, saying that the Party¨s Tibet work was "vital to ethnic unity, social stability and national security, as well as a favorable international environment," according to a January 23, 2010, Xinhua report. Hu used the Marxist notion of "contradiction" to identify economic development as the key to resolving the needs of Tibetan people, according to the January 22 Xinhua report: "Comprehensively speaking, the principal contradiction of the Tibetan society remains . . . the contradiction between the increasingly growing material and cultural needs of the people and the backward social production. . . . [The] theme of the work of Tibet must be the promotion of development by leaps and bounds and long-term stability." Hu called on forum attendees to "substantially prevent and strike [against] 'penetration and sabotage' by 'Tibet independence' separatists in order to safeguard social stability, [the] socialist legal system, the fundamental interests of the public, national unity, and ethnic solidarity," according to the January 23 Xinhua report.
Maintaining Rural Priority: Boost Income, Provide Services, Build Infrastructure. Hu Jintao told Fifth Forum attendees that by 2015 the gap between the income level of TAR farmers and herders and the national average must be "markedly narrowed" and by 2020 the gap must be nearly closed, according to the January 22 Xinhua report. None of the state-run media reports on the Fifth Forum seen by the Commission acknowledge that Tibetan farmers and herders in locations throughout the Tibetan autonomous areas of China participated in the peaceful protests (and some rioting) that began in Lhasa in March 2008 then swept across the ethnic Tibetan area of China. The government's ability to provide basic public services in rural areas must be "markedly increased" by 2015 and must be near the national level by 2020, the same report said. (See a June 2007 Human Rights Watch (HRW) report for information on the compulsory settlement of Tibetan nomadic herders in Tibetan autonomous areas of China.) Infrastructure construction must make "great progress" by 2015, the January 22 Xinhua report said, and by 2020 infrastructure must be "comprehensively improved." (See the Commission's Special Topic Paper: Tibet 2008-2009 for information on plans for a network of railways crisscrossing the Tibetan plateau and the "redesign" of Lhasa that the government intends to complete by 2020, and a Commission article on the planned Sichuan-Tibet railway that may surpass the Qinghai-Tibet railway in its demographic and economic impact.)
A New Development: Policy Coordination Across an Expanded Tibetan Area. The Fifth Forum expanded its purview beyond the administrative boundaries of the TAR to include Tibetan autonomous prefectures and counties that are located in Qinghai, Gansu, Sichuan, and Yunnan provinces, according to the January 23 Xinhua report. The policy change more than doubles the number of Tibetans who live within the forum's contiguous target area, based on official 2000 census data: of approximately 5.42 million Tibetans in China, approximately 2.43 million Tibetans lived in the TAR and approximately 2.57 million Tibetans lived in the Tibetan autonomous areas of Qinghai, Gansu, Sichuan, and Yunnan. (See Special Topic Paper: Tibet 2008-2009, 22, 24, for a map and population data.) According to the January 22 Xinhua report, the Fifth Forum called on "central authorities" to "provide greater policy support and promote new steps forward in the development of the Tibetan-inhabited areas in these four provinces," and for provincial Party and government officials to "grasp [Tibet work] as a key task in their respective economic and social development, and mobilize forces of various quarters of the whole province to support the development of these areas." The Commission has not seen official reports on measures that national Party and government offices may adopt to coordinate or oversee Fifth Forum policy implementation, or what effect expanded national Party and government oversight may have on provincial, prefectural, and county governments. The Fifth Forum identified four issues as "the main direction of attack" for resolving "the most conspicuous and most urgent issues restraining economic and social development," according to the January 22 Xinhua report (listed in the order reported):- "Improvement in the people's livelihood";
- "Development of social undertakings";
- "Protection for the ecological environment"; and
- "Construction of the infrastructure."
A "Special Contradiction:" Hu Jintao Invokes Marxist Theory To Reinforce Struggle Against the Dalai Lama's Influence. Hu Jintao used the Fifth Forum!with the entire Politburo Standing Committee in attendance!to apply a Marxist theoretical concept ("special contradiction") to what the Party characterizes as a threat to ethnic unity and stability created by the Dalai Lama and organizations and individuals that the Party associates with him ("the Dalai Clique"). In addition to describing a "principal contradiction" (see National, International Stakes Claimed for Tibetan Development, Stability above), Hu told Fifth Forum attendees, "[There] also exists in Tibet the special contradiction between the people of various ethnic groups and the secessionist forces represented by the Dalai clique," the January 22 Xinhua report said. Hu may seek to improve the Party's reputation as "Communist" by using the Marxist premise of a "special contradiction" to heighten further the Party campaign against the Dalai Lama!and seeking to end the Dalai Lama¨s influence among Tibetans in China. According to an academic abstract (scroll down for English) available on the Web site of Sun Yat-sen University in Guangzhou city, Guangdong province, Marxism posits that a "special contradiction" may exist when an entity (e.g., an ethnic minority group) experiences "alienation" and makes the "mistake" of equating alienation with "differentiation" and putting alienation into "historical categories."
Increasing Pressure on Religion: The "Normal Order" for Tibetan Buddhism. Hu Jintao emphasized at the Fifth Forum the Party's role in controlling Tibetan Buddhism, according to the January 22 Xinhua report: "Comprehensively implement the Party's basic principles for religious work and laws and regulations on the government's administration of religious affairs, earnestly maintain the normal order of Tibetan Buddhism, and guide Tibetan Buddhism to keep in line with the socialist society." Hu's reference to "laws and regulations" is important because the TAR and central governments issued measures effective in 2007 that provide for increased state regulation of Tibetan Buddhism. The Standing Committee of the TAR People¨s Government issued the TAR Implementing Measures for the Regulation on Religious Affairs (CECC translation), effective January 1, 2007, which imposed stricter and more detailed controls on religious activity in the TAR than previous measures. (See Section IV!Tibet: Special Focus for 2007 of the Commission's 2007 Annual Report, 193-196, for information on the TAR measures; see China Elections and Governance Web site for a translation of the State Council Regulation on Religious Affairs effective March 1, 2005.) The State Administration for Religious Affairs issued the Measures on the Management of the Reincarnation of Living Buddhas in Tibetan Buddhism (ICT translation), effective September 1, 2007, which could transform Tibetan Buddhism in China by empowering the Party and government to gradually reshape the religion by controlling one of the religion's most unique and important features!lineages of teachers that Tibetan Buddhists believe are reincarnations (trulkus) and that can span centuries. According to a January 10, 2010, Xinhua report (translated in OSC, 11 January 10), the TAR government will complete in 2010 a registration of monasteries and nunneries ("places of religious activities") and the "qualifications of living Buddhas [trulkus], monks, and nuns." The Commission has not seen reports concerning what actions TAR authorities may take as a result of the registration of monks' and nuns' "qualifications."
Initial Reports on Fifth Forum Do Not Address Some Key Issues. State-run media reports on the Fifth Forum seen by the Commission in the days following the Fifth Forum are noteworthy for what they do not include. None of the reports provided any details about infrastructure and aid projects over the decade, or any information about the cost of such projects. Considering the 33 billion yuan (US$4.7 billion) cost of the Qinghai-Tibet railway, the total cost of additional railways linking Tibetan autonomous areas with Gansu, Sichuan, and Yunnan provinces and to the Xinjiang Uyghur Autonomous Region could far surpass 100 billion yuan. (See the Commission's 2008 Annual Report, 193, and Special Topic Paper: Tibet 2008-2009, 46-47, for information on other planned railways.) None of the Fifth Forum reports provided information about whether or not Party and government personnel canvassed Tibetans at the grassroots level on their preferences for economic and social development. None of the reports provided information on whether "Tibet work" over the coming decade aims to improve the human rights environment for Tibetans along with their standard of living, or whether officials intend to address in a reconciliatory manner any of the complaints Tibetan protesters have raised beginning in March 2008. (See Section V!Tibet of the Commission's 2008 Annual Report for information on the cascade of Tibetan protests that began in Lhasa on March 10, 2008, and then spread across much of the ethnic Tibetan areas of China.)
Background: 1980 to 2001, the First Four "Tibet Work" Forums
The series of five forums on "Tibet work" (1980, 1984, 1994, 2001, 2010) began after Deng Xiaoping called in 1978 for "reform and opening up," a post-Cultural Revolution policy for the long-term promotion of economic development as a means to secure national stability and prosperity. The first four forums focused only on the TAR, which Chinese officials refer to as "Tibet," and laid out broad economic, social, and political policies. A January 19, 2010, China Tibet Online report provides graphics that summarize economic development and aid projects provided to the TAR as a result of the 1980, 1984, 1994, and 2001 forums on Tibet work. None of the graphics provide any information on initiatives that focused on religious or cultural issues.
1980, 1984: First and Second Forums. The 1980 and 1984 forums took place when Hu Yaobang served as the Party General Secretary and a short-lived period of more liberal policies toward Tibetans prevailed, according to statements and analysis by the U.S. government (Deputy Assistant Secretary of State Jeffrey Bader, Bureau of East Asian and Pacific Affairs, U.S. Department of State, testimony before the Senate Foreign Relations Committee, 13 May 97), an academic expert (Professor Melvyn Goldstein, excerpt from a 1995 Atlantic Council paper available on the Web site of Columbia University), and an advocacy group (International Campaign for Tibet (ICT), Tibet at a Turning Point, 6 August 08, 95-96).
1994: Third Forum. The Party did not convene the Third Tibet Work Forum (Third Forum) in Beijing until July 20-23, 1994 (Xinhua, 26 July 94, translated in BBC Summary of World Broadcasts, reprinted in World Tibet Network (WTN), 28 July 94)!more than five years after March 1989 Tibetan protests and rioting in Lhasa resulted in nearly 14 months of martial law in the TAR capital (TIN, 25 February 99, reprinted in ICT). In comparison, the Fifth Forum convened less than two years after the March 2008 Tibetan protests. Hu Jintao, Secretary of the TAR Party Committee when Lhasa was under martial law, attended the Third Forum as a member of the Standing Committee of the Politburo. Party General Secretary and President of China Jiang Zemin told cadres attending the forum that stability is a prerequisite for development and that "the Dalai clique" is a "factor of instability," according to the July 26, 1994, Xinhua report. Jiang stated that the forum would be "a new starting point for Tibet's social and economic development" and announced a 2.38 billion yuan program whereby provincial-level areas and large cities would carry out 62 economic development projects in the TAR, the same report said. A September 1994 internal TAR Party document revealed the repressive nature of Third Forum initiatives that aimed, among other things, to seek to end the influence of "the Dalai clique" on Tibetan monastic and secular society; make use of legal measures to establish greater control over Tibetan Buddhist institutions; reduce the number of monks, nuns, monasteries and nunneries; and encourage non-Tibetans to travel to the TAR to seek economic opportunity (Document No. 5 of the Sixth Enlarged Plenary Session of the Standing Committee of the Fourth TAR Party Congress, translated in Cutting Off the Serpent's Head: Policy Changes in Tibet, 1994-95, HRW and TIN, Appendix C, March 1996, reprinted in HRW).
2001: Fourth Forum. The June 25-27, 2001, Fourth Tibet Work Forum, also convened in Beijing under Party General Secretary and President of China Jiang Zemin with the entire seven-member Standing Committee of the Politburo in attendance, maintained the priority of economic development in the TAR and increased spending exponentially (Xinhua, 29 June 01, translated in OSC, 29 June 01; TIN, 27 July 01, reprinted in WTN, 28 July 01). According to a Mingpao report published prior to the forum's start, the forum would "make arrangements to dispel the Dalai's influence among religion's believers so that the Tibetan people will switch their attention to 'Tibet's development and progress'" (Mingpao, 19 May 01 (translated in OSC, 19 May 01)). Premier Zhu Rongji stated at the forum that 117 state-funded construction projects valued at 31.2 billion yuan were underway!a sum that probably reflected the initial 26 billion yuan estimated construction cost (China Daily, 8 November 01) of the Qinghai-Tibet railway. (On October 15, 2005, China Daily reported a final construction cost of 33 billion yuan, then US$4.7 billion.) The Fourth Forum incorporated the objectives of two important developments in Chinese government policy and law that aimed to accelerate economic development in Tibetan and other ethnic minority areas and promote the Party model of social stability and national unity.- Great Western Development (GWD, Xibu da kaifa). In 1999, Jiang Zemin announced GWD, a program to accelerate economic development in an area made up of 12 provincial-level administrative areas, including all five of China's ethnic autonomous regions, and designated as "western China" for the purpose of the program. The Minister of the State Ethnic Affairs Commission described GWD in June 2000 as "the necessary choice for solving China's nationality problems." The Party circulated GWD policy guidelines in 2000 and GWD entered into effect on January 1, 2001. (See, Circular of the State Council on Policies and Measures Pertaining to the Development of the Western Region, 26 October 00, reprinted on the Meishan Municipality (Sichuan province) People's Government Web site (scroll down for English).) On June 29, 2001, two days after the Fourth Forum concluded, construction began on the Qinghai-Tibet railway, officially designated as a key GWD project.
- Regional Ethnic Autonomy Law (REAL) amendment. On February 28, 2001, the Standing Committee of the National People's Congress amended China's principal law governing the rights of ethnic minorities and the function of local governments of ethnic autonomous areas. (See Special Topic Paper: Tibet 2008-2009 for maps and information on Tibetan autonomous areas in China; see Section II!Human Rights!Ethnic Minority Rights in the Commission's 2009 Annual Report for recent information on ethnic minority issues.) The amended REAL "stipulates that . . . the state shall prioritize rational resource exploitation projects and infrastructural projects in localities under ethnic autonomy in accordance with unified plans and market demand," Xinhua reported on the date of amendment (translated in OSC, 28 February 01). According to a March 2001 TIN report (reprinted in WTN, 14 March 01), the amendments "bring [the REAL] into line with new policies to accelerate economic development in the western regions of China," and "focus on the development of autonomous regions according to the Party's political and economic priorities and the further integration of these areas into the rest of China."
See the Commission's 2009 Annual Report for additional information on issues including the freedom of religion in China and ethnic minorities' rights under China's Constitution and law.
| Source: -See Summary (2010-01-22 ) |
Posted on: 2010-03-16 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=135152 |
Qinghai-Tibet Railway Statistics Add to Confusion, Mask Impact on Local Population
March 4, 2008
China's state-run media has released additional information about passengers who used the Qinghai-Tibet railway to travel to and from the Tibet Autonomous Region (TAR) from July 2006 to December 2007, the first 18 months of the railway's operation. Based on Congressional-Executive Commission on China (CECC) analysis of the fragmentary and sometimes contradictory information, more than a half million passengers, most of whom are likely ethnic Han, may have traveled during that period to the TAR to seek work, trade, and business opportunities. The railway's impact could overwhelm the Tibetan population in urban centers such as Lhasa, and sharply increase pressure on the Tibetan culture.
A February 8, 2008, Xinhua article entitled, "Qinghai Tibet Railway Transports 5.95 [million] Tourists," contradicted information provided by a December 20, 2007, Xinhua article (reprinted in China Daily the same day) by reporting a significantly higher number of passengers traveling to and from Lhasa, the capital of the TAR, and characterizing all of the passengers as tourists. (See details below.) The February 2008 report, which did not provide any explanation for the unexpectedly high figures, adds to the confusion about the number and purpose of passengers who travel to the TAR on the railway. As a result, the report may mask the probable impact on Tibetan population in the TAR. Tibetans made up 92.8 percent of the TAR's population in 2000, according to official Chinese census data.
Chinese media reports seek to focus attention on the increased tourist traffic to the TAR that the railway makes possible, and on the boost that tourism has provided to the regional economy. The February 2008 report states, for example, that 2007 tourism revenue in the TAR surpassed 2006 by 75.1 percent, and that tourism in 2007 accounted for 14.2 percent of the TAR gross domestic product (GDP) -- a rise of 48 percent over tourism's share of GDP in 2006 (9.6 percent, according to Xinhua, 30 November 07). The reports provide little information about the number of non-tourists who travel to the TAR to seek employment, trade, and business opportunities, and no information about the railway's impact on the size and ethnic composition of population in TAR urban centers such as Lhasa and the nearby prefectural capitals Naqu (Nagchu), Rikaze (Shigatse), and Zedang (Tsethang). Naqu is the last major stop on the Qinghai-Tibet railway before Lhasa; an extension of the railway to Rikaze is scheduled for completion in 2010; officials have not announced a railway extension to Zedang, but the town is linked to Lhasa by paved road and ample public transport.
As the economically driven, mostly Han influx continues, the Chinese government's weak implementation of the Regional Ethnic Autonomy Law will continue to hinder Tibetans from preserving their culture, language, and heritage. Weak implementation of the law prevents Tibetans from realizing the law's guarantee that ethnic minorities have the "right to administer their internal affairs." (See "Tibetan Culture Under Chinese Development Policy and Practice," in Section IV, "Tibet: Special Focus for 2007," in the Congressional-Executive Commission on China 2007 Annual Report for more information about how Chinese laws, regulations, and policies increase pressure on the Tibetan culture and erode the Tibetan people's ability to preserve their heritage and self-identity.)
Contradictions: Did 5.95 Million Railway Passengers Travel in 18 Months?
The February 2008 Xinhua report of 5.95 million persons traveling on the Qinghai-Tibet railway during the 18-month period raises questions about the scale of the claim, about what measures, if any, authorities have implemented to increase the railway's passenger capacity to the claimed level, and about passengers' purpose for traveling.
- The figure 5.95 million contradicts the December 2007 Xinhua report on passenger traffic during the same 18-month period, surpassing that report by approximately one-quarter.
- An average of approximately 10,870 passengers would have to commence travel each day for 18 months to reach a total of 5.95 million. If equal proportions of passengers traveled to and from the TAR -- a premise that ignores the likelihood that somewhat more than one-half of the passengers travel inbound and that some passengers remain for a time to work, trade, or engage in business -- the average daily passenger total in each direction would be approximately 5,435.
- The figure 5,435, however, surpasses by about 1,000 persons the average daily total of approximately 4,400 Lhasa-bound passengers during the same 18-month period reported by the December 2007 Xinhua article. (See additional statistical information below.) The February 2008 report does not refer to any of the data provided by the December 2007 report, nor does it provide any new information that could account for the large increase in the reported number of passengers for the same period.
The assertion that 5.95 million passengers traveled on the railway in an 18-month period exceeds the railway's stated capacity, as reported in official Chinese media.
In May 2006, a TAR official stated that the railway would transport 4,000 tourists per day into the TAR when it commenced service on July 1. A June 28, 2006, China Tibet Information Center (CTIC) report published shortly before the railway began operation discussed the number and composition of Qinghai-Tibet railway trains. A total of four trains would arrive in Lhasa each day and the capacity of each train would be 936 persons, based on the number and capacity of each type of car the trains reportedly would include. Car capacities range from 32 to 98 passengers depending on the standard of accommodation. Based on the CTIC information, the capacity of four trains would be 3,744 passengers.
CTIC's preliminary schedule information appears to remain generally consistent with timetables available on the Travel China Guide Web site on February 25, 2008. Although passenger services for Lhasa depart from seven Chinese cities, only four trains arrive in Lhasa each day: service from Beijing runs daily; the services departing from Chengdu city and Chongqing city merge into a single train in Baoji city; the service departing from Lanzhou city merges in Xining with the Xining city service; and, according to CTIC, the services departing from Shanghai city and Guangzhou city depart on alternate days. The timetable for Naqu (Nagchu), the capital of Naqu prefecture in the TAR, illustrates how services with different points of origin retain their original service numbers after they merge to form a single train.
The December 2007 report does not provide any information that explains how the railway accommodates the average daily number of TAR-bound passengers claimed by the article (approximately 4,400), which exceeds by approximately 650 passengers per day the 3,744 passenger per day capacity of the four arriving trains based on the CTIC information. The excess number of passengers could be accommodated by adding one or two cars to some of the services.
If the February 2008 report of 5.95 million passengers arriving in and departing from the TAR each day during the first 18 months of operation (10,870 passengers per day) is accurate, then it would surpass by nearly 3,400 passengers per day the railway's daily bidirectional capacity of 7,488 passengers based on the CTIC information. The CECC has not seen any public reports by Chinese news media announcing large increases of service on the Qinghai-Tibet railway.
Even if Chinese authorities had announced a significant expansion of Qinghai-Tibet railway service, such an announcement would not resolve the contradiction between the passenger statistics provided by the December 2007 and February 2008 Xinhua reports.
The February 2008 report characterizes all of the Qinghai-Tibet railway's 5.95 million passengers as "tourists," contradicting the December 2007 report's acknowledgement that nearly one-half of the passengers during a 12-month period were not tourists.
The December 2007 report stated that "more than a half" of Qinghai-Tibet railway passengers from July 2006 to June 2007 were tourists, implying that somewhat less than half of the passengers during that period were not tourists.
A September 14, 2006, Xinhua report on the railway's initial period of operation revealed that less than half of the Lhasa-bound passengers were tourists. Midway into September 2006, after two and one-half months' of railway operation, Jin Shixun, the Director of the TAR Committee of Development and Reform, said that 40 percent of the passengers were tourists and that the rest were business persons, students, transient workers, traders, and individuals visiting relatives. (See additional details below.)Clues: How Many Passengers Aren't Tourists, but Seek Jobs, Economic Opportunity?
Even though increased Han migration into Tibetan and other ethnic areas is among the objectives of China's Great Western Development (GWD) program, and even though the Qinghai-Tibet railway is formally designated a key GWD project, the Chinese government avoids providing information about the number of railway passengers who remain in the TAR for longer periods to seek employment, trade, or business opportunity. Official reports have provided clues, however, that more than a half million such passengers, most of whom are likely to be ethnic Han, may have arrived in the TAR during the railway's first 18 months of operation. The analysis below sets aside the February 8, 2008, Xinhua report of 5.95 million passengers traveling on the railway because of the unresolved questions and contradictions that it poses (explained above), and is instead based on the December 20, 2007, and September 14, 2006, Xinhua reports.
Approximately 2.35 million passengers arrived in Lhasa during the 18-month period from July 2006 to December 2007, based on the December 2007 report.
Referring to the period January-December 2007, the last 12 months of the 18-month period, the December 2007 report stated, "About 1.6 million passengers are forecast to travel on the Qinghai-Tibet railway this year." The article reported that during the first 12 months of operation, July 2006 through June 2007, "[A] total of 1.5 million people had come to [the TAR] by train."
Based on the average monthly passenger traffic provided by these statistics, an average of approximately 125,000 passengers per month (4,170 per day) arrived in the TAR in July to December 2006, and an average of approximately 133,300 passengers per month (4,440 per day) did so in January to December 2007. Based on those figures, the 18-month total of passenger arrivals in the TAR would have been approximately 2.35 million. The December 2007 report did not provide any information about the number of passengers departing from the TAR.
Among the approximately 2.35 million persons arriving in Lhasa from July 2006 to December 2007, more than a half million may have been non-Tibetan, mostly ethnic Han, workers, traders, and business persons who intended to remain for a period in the TAR to work, engage in business, or seek other economic opportunity, based on information provided in the September 2006 and December 2007 Xinhua reports.
If information provided in the September 2006 report about the different purposes of passengers for traveling to the TAR remained representative throughout the 18-month period of July 2006 to December 2007, then as many as 1.41 million of the 2.35 million arriving passengers may have been non-tourists, and over half of the 1.41 million non-tourists may have been mainly Han who intended to remain for a period in the TAR for economic reasons. The remaining 940,000 passengers (40 percent of 2.35 million), would have been tourists.
According to the September 14, 2006, Xinhua report, the railway carried 272,700 passengers in the period from July 1, 2006, until Xinhua published the report (76 days). The figure suggests an average of approximately 3,590 arrivals per day in the TAR, a plausible figure because the Shanghai and Guangzhou services did not start operation until October 1 and 2, respectively, according to Xinhua reports on the same dates. According to the September 2006 report, of the 60 percent of the passengers who were not tourists, 30 percent were businesspersons, and the remaining 30 percent were "students, transient workers, traders, and people visiting relatives in Tibet."
The December 2007 Xinhua information reports a lower proportion of non-tourist arrivals than the September 2006 report, but even the more recent information supports the observation that the railway passengers may have included more than a half million mostly Han workers, traders, and businesspersons.
The December 2007 Xinhua report stated that "more than a half" of the 1.5 million passengers arriving in the TAR between July 2006 and June 2007 were tourists -- a greater proportion of tourist arrivals than the 40 percent Xinhua reported in September 2006. It is unlikely, however, that the proportion of tourists surpassed one-half by a substantial amount. If, for example, the proportion of tourists had reached 60 percent, or even more, officials and news reports would have been likely to call attention to the figure and identify it.
If, for the purpose of illustration, the tourists who made up "more than a half" of the 1.5 million arriving passengers reached 55 percent of the total, then the 45 percent of arriving passengers who were not tourists during the 12-month period would have been numbered approximately 675,000 (about 56,250 per month). If that rate of arrivals for non-tourists represented an average for the entire 18-month period, then approximately 1 million non-tourists would have arrived in the TAR. If the proportions of purposes for non-tourist travel that the September 2006 report described continued to be indicative for the 18-month period, then over half of the 1 million non-tourists arriving in the TAR may have been principally Han persons seeking work and business opportunity.
Scale of Impact: The Influx in a Tibetan Context
If a fraction of the estimated half million or more principally Han persons who arrived on the Qinghai-Tibet railway to work or conduct business in the TAR during the 18-month period from July 2006 to December 2007 remained in Lhasa's urban district (Chengguan), they may have outnumbered the Tibetans who live there (105,997 according to the 2000 census). The influx of new workers and businesspersons may have surpassed the number of Han already present in the entire TAR: 158,570 in 2000, according to official census data, or 105,379 in 2005, according to the 2006 Tibet Statistical Yearbook.
National census and yearbook data on the same period conflict because each collects data differently. The census methodology is designed to include temporary residents, recent arrivals, and persons without a household registration. But because census day in 2000 was November 1, a substantial number of Han who work or trade in the TAR had departed by census day to spend the winter elsewhere in China. Provincial annual statistical yearbooks rely on data compiled by the Public Security Bureau (PSB).
The importance of railway passengers to Tibetans cannot be gauged adequately by measuring increases in tourism and regional GDP. The scale of the cultural, social, and economic impact on Tibetans will depend in part on whether the number of mainly Han workers, traders, and businesspersons proves large enough to overwhelm the Tibetan population first in Lhasa, then in nearby prefectural capitals such as Rikaze, Naqu, and Zedang, and eventually in the more distant prefectural capitals Linzhi (Nyingtri) and Changdu (Chamdo). The potential impact on Tibetans does not depend on whether or not Chinese officials classify the newly arriving participants in the TAR economy as transients or residents, or on whether their presence is officially recorded in statistical compilations such as the national census or provincial yearbooks. The scale of the impact on Tibetan culture will depend on the numbers, needs, and activities of the persons who travel to the TAR. The Chinese government provides little public information on such subjects.
Chinese government data appears to underrepresent the number of Han who are present in Tibetan autonomous areas, and to report statistics that are inconsistent with each other and with observations by Tibetan and foreign experts.
A TAR government official explained to a CECC staff delegation visiting Lhasa in 2003, before the Qinghai-Tibet railway was completed, why the Han population appeared to be larger than official statistics indicate. He said that "every day" there is a mobile Han population numbering more than 200,000 in the TAR, and that it peaks from June through October. (CECC 2004 Annual Report.) A Tibetan academic in Lhasa told a CECC staff delegation in 2002 that the temporary population of Han workers and traders in Lhasa's urban district alone reaches approximately 100,000 during summer and declines to about 10,000 in winter.
A Chinese academic study of the migrant worker population in Lhasa in 2005, before the railway was completed, concluded that the actual number of temporary migrants is much larger than official records reveal. Studying the migrant workers in the TAR is difficult, the paper observed, because the workers move seasonally and generally try to avoid registering with local authorities in order to escape payment of fees and charges. The paper noted that the Great Western Development program promotes the flow of "a large number of temporary migrants" into the TAR, and leads to increased competition between a "low quality" local Tibetan workforce and incoming (mostly Han) migrant workers.
For more information on the Qinghai-Tibet railway and related issues, see Section IV, Tibet: Special Focus for 2007, in the CECC 2007 Annual Report; Section VIII, Tibet, in the CECC 2006 Annual Report; Section VI, Tibet, in the CECC 2005 Annual Report; Section VI, Tibet, in the CECC 2004 Annual Report; and Section VII, Tibet, in the CECC 2003 Annual Report.
| Source: -See Summary (2008-03-04 / English / Free) |
Posted on: 2010-03-06 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=102411 |
Sichuan-Tibet Railway Work To Start, Impact May Far Surpass Qinghai-Tibet Railway
October 30, 2009
The Chinese government has announced the start of construction of a railroad that will link Lhasa, the capital of the Tibet Autonomous Region (TAR), with Chengdu, the capital of densely populated Sichuan province. Commission analysis shows that the potential scale of demographic, economic, and environmental impact that the Sichuan-Tibet railway could have on the TAR and other Tibetan autonomous areas of China may far surpass the impact of the Qinghai-Tibet railway, which began operation in 2006. See the Commission's Special Topic Paper: Tibet 2008-2009 for more information on the Sichuan-Tibet railway.
The Chinese government has announced the start of construction of a railroad that will link Lhasa city, the capital of the Tibet Autonomous Region (TAR), with Chengdu city, the capital of Sichuan province. Congressional-Executive Commission on China analysis shows that, based on comparisons of population and economic data, the potential scale of demographic, economic, and environmental impact that the Sichuan-Tibet railway could have on Tibetan autonomous areas in China could far surpass the impact of the Qinghai-Tibet railway, which began operation in July 2006 after a five-year construction period. Reports in China¨s state-run media on August 31 (Xinhua, reprinted in China Tibet Online) and September 1, 2009 (China Daily), stated that work would begin in September on the Sichuan-Tibet railway. On September 2, however, Xinhua reported that unidentified Ministry of Railways (MOR) officials refuted the China Daily report that work on the railway would start in September, and that a construction timetable had not yet been established. The September 2 article did not report that MOR officials challenged any of the other details that the previous reports disclosed about the railway.
Table 1 below provides data showing that the Sichuan-Tibet railway will link the TAR to a Sichuan province population that is 17 times larger than the Qinghai province population that the Qinghai-Tibet railway linked to the TAR, based on official Chinese census data for 2000. Table 2 (column 2) below provides data showing that the Sichuan-Tibet railway will link the TAR to a Sichuan provincial economy that includes nearly 23 times more industrial enterprises that generate at least 5 million yuan in revenue from principal business than the Qinghai provincial economy that the Qinghai-Tibet railway linked to the TAR, according to China Statistical Yearbook 2008 data available on the National Bureau of Statistics of China Web site.
A direct comparison between TAR and Sichuan province population and economic data reveals a far greater disparity than a comparison between the TAR and Qinghai province shows. In 2000, Sichuan had more than 31 times the population of the TAR, according to official census data (Table 1), and approximately 107 times as many industrial enterprises that generated at least 5 million yuan from principal business, according to China Statistical Yearbook 2008 data (Table 2).
Table 1: Comparison of Provincial and Municipal-Level Populations Linked Directly
by the Qinghai-Tibet Railway or the Planned Sichuan-Tibet Railway |
Provincial-Level Area | Municipal-Level Area | Population (2000 Census)
| Tibet Autonomous Region | | 2,616,329 | Qinghai province | | 4,822,963 | Sichuan province | | 82,348,296 | | . | | Tibet Autonomous Region | Lhasa municipality, TAR | 474,499 | Qinghai province | Xining municipality, Qinghai province | 1,849,713 | Sichuan province | Chengdu municipality, Sichuan province | 11,108,534 |
Source: Tabulation on Nationalities of 2000 Population Census of China, Department of Population, Social Science, and Technology Statistics, National Bureau of Statistics, and Department of Economic Development, State Ethnic Affairs Commission (Beijing: Ethnic Publishing House, September 2003), Table 10-1. |
The difference between the size and makeup of the industrial economies in Sichuan province and the TAR could prove to be of even greater significance than the difference in the size of population in shaping the Sichuan-Tibet railway's impact on the TAR and other Tibetan autonomous areas. An official Chinese media report on August 31, 2009, stated that the railway "will boost economic growth along its way such as the development of mineral and tourist resources" and "open China's gateway to south Asia for bilateral economic and trade cooperation." If the railway functions as planned, it will facilitate swift, efficient transport of passengers, manufactured goods, and raw or semi-processed natural resources between the TAR!China's bottom-ranking industrial economy!and Sichuan's robust economy. [See Table 2 below for information on industrial indicators and national ranking. See Special Topic Paper: Tibet 2008-2009 for information on the railway's potential to promote the expansion and acceleration of Chinese government exploitation of Tibetan forestry resources.]
Table 2 below provides China Statistical Yearbook 2008 data on the industrial business economy in Sichuan and Qinghai provinces and in the TAR, and indicates for each type of data the ranking among China¨s 31 provincial-level administrative areas. The table compares data from three of the yearbook's tables: the number of industrial enterprises in a provincial-level area with revenue over 5 million yuan from principal business (Table 13-4); the number of state-owned and state-holding industrial enterprises (Table 13-8); and the number of private industrial enterprises (Table 13-12). Data in the tables show that the TAR ranks last (31st) in each measure of industrial productivity, and Qinghai ranks between 28th and 30th. Data on Sichuan province, in comparison, shows strength!especially in the private industrial enterprise sector (Table 13-12). Sichuan's "gross industrial output value" and revenue earned from principal business both ranked 8th in the nation. China Statistical Yearbook 2008 in "Explanatory Notes on Main Statistical Indicators," defined "gross industrial output value" as "the total volume of final industrial products produced and industrial services provided during a given period. It reflects the total achievements and overall scale of industrial production during a given period."
Table 2: Comparison of Provincial-Level Economies Linked Directly
by the Qinghai-Tibet Railway or the Planned Sichuan-Tibet Railway |
. | Table 13-4, Main Indicators of Industrial Enterprises Above Designated Size by Region
(Yuan expressed in 100 million) | Table
13-4
Rank
(of 31) | Table 13-8, Main Indicators of State-owned and State-holding Industrial Enterprises by Region
(Yuan expressed in 100 million) | Table
13-8
Rank
(of 31) | Table 13-12, Main Indicators of Private Industrial Enterprises by Region
(Yuan expressed in 100 million) | Table
13-12
Rank
(of 31) | Sichuan province | . | . | . | . | . | . | Number of enterprises | 10,709 | 10 | 878 | 7 | 5,672 | 11 | Gross Ind. Output Val. | 11,047.04 | 9 | 3,849.12 | 14 | 3,117.72 | 8 | Total assets | 11,690.21 | 11 | 6,325.71 | 11 | 1,684.51 | 10 | Rev. from principal bus. | 10,611.52 | 10 | 3,926.09 | 15 | 2,899.17 | 8 | . | . | . | . | . | . | . | Qinghai province | . | . | . | . | . | . | Number of enterprises | 471 | 30 | 138 | 28 | 161 | 29 | Gross Ind. Output Val. | 822.72 | 29 | 610.67 | 28 | 101.49 | 29 | Total assets | 1,645.94 | 28 | 1,321.99 | 28 | 147.19 | 29 | Rev. from principal bus. | 785.91 | 30 | 587.23 | 28 | 86.06 | 29 | . | . | . | . | . | . | . | Tibet Autonomous Region | . | . | . | . | . | . | Number of enterprises | 100 | 31 | 53 | 31 | 15 | 31 | Gross Ind. Output Val. | 41.36 | 31 | 18.06 | 31 | 6.67 | 31 | Total assets | 172.18 | 31 | 125.24 | 31 | 14.38 | 31 | Rev. from principal bus. | 36.73 | 31 | 16.31 | 31 | 6.23 | 31 |
Passengers departing from Chengdu will complete the 1,629 kilometer journey to Lhasa in only eight hours on an electric railway capable of operating at speeds above 200 kilometers per hour, according to the August 31 Xinhua report (reprinted in China Tibet Online) and the September 1 China Daily report. The eight-hour travel time between Chengdu and Lhasa, however, appears to allow no time for stops or for sub-maximum speeds while traveling through mountainous terrain. The train would complete the 1,629 kilometer journey in eight hours and nine minutes only if it maintained an average speed of 200 kilometers per hour for the entire journey. [See Special Topic Paper: Tibet 2008-2009 for information on the railway's route and principal stops.]
For information on the impact of Chinese government development policies on the Tibetan culture and heritage, see the Commission's Special Topic Paper: Tibet 2008-2009; Section V!Tibet of the CECC 2009 Annual Report; Section V!Tibet of the CECC 2008 Annual Report; Section IV!Tibet: Special Focus for 2007, in the 2007 Annual Report; Section VIII!Tibet, in the 2006 Annual Report; and Section VI!Tibet, in the 2005 Annual Report.
| Source: -See Summary (2009-09-02 ) |
Posted on: 2010-02-21 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=129250 |
Chinese Courts Use "Secrets" Law To Sentence Tibetan Online Authors to Imprisonment
January 21, 2010
Following the wave of mostly peaceful Tibetan protests that began in March 2008 in the Tibetan autonomous areas of China, Chinese authorities have taken measures to prevent Tibetans from providing information to other Tibetans about the protests, the suppression of the protests by security forces, and the government's continuing crackdown in Tibetan areas. Security and judicial officials sometimes use vaguely worded laws on "state secrets" to punish attempts to share such information. In what appear to be separate cases, a court in Gansu province sentenced two Tibetan men on November 12, 2009, to prison terms of 15 and 5 years for allegedly violating laws prohibiting the disclosure of "state secrets." According to non-governmental organization reports and an Internet blogger based in Beijing, the cases involved using the Internet to post Tibetan-language content about the reported deaths and imprisonment of Tibetan protesters. Commission staff have not observed any Chinese government or state-run media reports on either case.
In one case, on November 12, 2009, the Gannan (Kanlho) Intermediate People's Court, located in Gannan Tibetan Autonomous Prefecture (TAP), Gansu province, sentenced Konchog Tsephel, a Tibetan man who co-founded a Web site on Tibetan arts and culture, to 15 years in prison for "disclosing state secrets," according to a November 16, 2009, International Campaign for Tibet (ICT) report. Information is not available about the Criminal Law (CL) statute under which the court convicted Konchog Tsephel. The maximum sentence that CL Article 398 provides for a person who "intentionally or negligently divulges state secrets" is 7 years, but Article 111 provides a 10-year minimum sentence for a person who "unlawfully supplies State secrets" to an organization or individual outside of China. Security officials detained Konchog Tsephel on February 26, 2009, when they "ransacked" his home and confiscated his computer, cell phone, and camera, the ICT report said. A Beijing-based Tibetan writer, Woeser (Oezer, Weise), described Konchog Tsephel in a December 19 Chinese-language blog entry as a "civil servant at the Machu [Maqu] county [Gannan TAP] Animal Husbandry Bureau" and commented on the basis of the charge against him.The accusations against him are connected to essays he published on his Web site about the protests in Tibet [in 2008], and related to information he disclosed to the outside world about the suppression of Tibetans during the protests and the detention of monks at monasteries by People's Armed Police, etc. These essays on his site have already been deleted. He is charged with "divulging state secrets." In the other case, the same court on the same day sentenced Kunga Tsayang, a Labrang Tashikhyil Monastery monk, to five years' imprisonment for "disclosing state secrets," according to a November 19 Tibetan Centre for Human Rights and Democracy (TCHRD) report. Kunga Tsayang hailed from Guoluo (Golog) TAP, Qinghai province, wrote essays under the pen name Gangnyi (son of snowland), and engaged in amateur photography. He had "traveled widely in Tibet and photographed the environmental degradation taking place on the Tibetan plateau and its impact on the people," the TCHRD report said, as well as worked with a Tibetan environmental protection group.
Although the Gannan court announced the verdicts for Konchog Tsephel and Kunga Tsayang on November 12, according to the ICT and TCHRD reports, Commission staff have not observed any reports explicitly linking the two men or stating that judicial authorities combined their cases. Both cases were tried in closed sessions, according to the ICT and TCHRD reports, and authorities denied Konchog Tsephel access to legal counsel, a source told ICT.
China's Criminal Procedure Law (CPL) establishes specific barriers to a defendant's access to justice when a case "involves state secrets." Article 96 of the CPL requires the suspect in such a case to obtain permission from the authorities who are investigating the case before a lawyer can be appointed to advise or represent the suspect. The CPL does not impose such an infringement on a suspect's access to legal counsel in other types of criminal cases. If the investigating authorities permit the appointment of a lawyer to advise and represent a suspect in a case alleged to involve "state secrets," Article 96 bars the suspect's lawyer from meeting with the suspect unless the authorities investigating the case grant the lawyer permission to do so. Article 152 of the CPL bars public access to trials "involving state secrets."
The Commission's 2009 Annual Report in Section II!Freedom of Expression provides analysis of the impediments to justice and the rule of law facilitated by China's vague laws on "state secrets." For example, a box titled Proposed Revision to State Secrets Law on p. 66 includes the following information.In June 2009, the National People's Congress (NPC) Standing Committee reviewed a draft revision of the PRC Law on Guarding State Secrets (State Secrets Law) and the NPC released the draft for public comment, but the proposed changes do not address abuses that occur under the current state secrets legal framework. Currently, the broad and vague definition of ''state secrets'' in Chinese law and regulations gives officials wide latitude to declare almost any information a state secret.
[Police] can declare that a case involves state secrets to deny criminal defendants basic procedural rights, including access to counsel and an open trial. Citizens cannot challenge such a determination and officials may declare information a state secret retroactively.The Tibetan writer Woeser assessed the allegation of "state secrets" violations in the cases of Konchog Tsephel and Kunga Tsayang in a November 27, 2009, Chinese-language blog entry that a Web site in Norway, Ny Tid (New Time), published in Norwegian on December 4 and in English on December 12.
During [2008's] "Tibet incident", [Konchog Tsephel and Kunga Tsayang] themselves witnessed how their fellow countrymen of their hometown determinedly took to the streets and voiced their opposition. The two writers revealed their aspirations and discussed facts on the internet, which then unexpectedly became the reason for them becoming criminals accused of jeopardising "state security" and revealing "state secrets". In other words, one could say that the country's action of using its power to suppress the violent behaviour of the opposing masses belongs to the category of secret which is often practiced but never spoken of.
See the Commission's 2009 Annual Report and Special Topic Paper: Tibet 2008-2009 for more information on the political imprisonment of Tibetans. See the 2009 Annual Report for more information on Chinese government use of "state secrets" provisions to undermine the rule of law. See the Commission's Political Prisoner Database for more information on Konchog Tsephel, Kunga Tsayang, and other political prisoners in China.
| Source: -See Summary (2009-12-09 ) |
Posted on: 2010-02-05 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=133098 |
Government Advances Civil Society-Related Reforms in Shenzhen
February 4, 2010
The Ministry of Civil Affairs and the southern city of Shenzhen signed an agreement in July 2009 that provides for certain reforms to the local administration of civil affairs. Among other reforms, the agreement calls for the development of community-based social organizations and the establishment of a regulatory system for charities.
The Ministry of Civil Affairs (MOCA) and the southern city of Shenzhen signed the Cooperation Agreement on Pushing Forward With Integrated Reforms to Civil Affairs Undertakings (Agreement) in July 2009, which promises to advance reforms to civil affairs. The Agreement calls for Shenzhen to "take the lead in experimenting with some of MOCA's major reform projects and measures." Please visit CECC¨s Virtual Academy for a full English translation of the Agreement.
Shenzhen, located immediately north of Hong Kong in the Pearl River Delta region of Guangdong province, was one of the first localities to be designated as a "special economic zone" by Deng Xiaoping in 1980. It is mainland China's richest city based on per capita GDP, according to an August 2008 China Daily report.
The July 2009 Agreement outlines 34 reforms in the area of civil affairs. Five of these 34 reforms are listed below:
- "strengthen the building of grassroots democracy, research the adoption of the documentation system and other methods, vigorously develop community-based social organizations, enhance the ability of communities to self-govern" (Item 4 in section of Agreement marked "Content of Agreement").
- "Unless other regulations specify otherwise, explore establishing a system whereby civil society organizations apply and register directly with the Ministry of Civil Affairs. The Ministry of Civil Affairs shall regard this as a point for observation, tracking, and research" (Item 11).
- "Ministry of Civil Affairs will consult with relevant departments regarding the transfer of administrative and registration jurisdiction over foreign foundations with representative offices in Shenzhen to the Shenzhen municipal government, authorize the city of Shenzhen to launch a pilot project regarding the registration and management of foundations, chambers of commerce, and trans-provincial trade associations" (Item 12).
- "promote the transfer of government functions for public services that social organizations are capable of undertaking, especially newly increased public services; government procurement services, delegation or contracting of responsibilities, and other methods can be adopted![in order to] support the provision of public services by social organizations" (Item 14).
- "accelerate the establishment of a legal incorporation management system for charitable organizations, increase the public creditability of charitable organizations, explore the creation of a system that can effectively link, and to a moderate degree separate, the collection, use, and supervision of charitable funds, [and] move forward on constructing the standardization of charitable groups" (Item 27).
Under existing national laws, civil society organizations are unable to apply for registration directly with MOCA. Instead, civil society organizations first must be approved by a sponsor organization, or "leading professional unit" (yewu zhuguan danwei), which generally are limited to certain government departments and government-approved organizations. (See Article 6, Rules and Regulations on Social Organizations.) As noted in the CECC 2009 Annual Report, the requirement that civil society organizations first be approved by a sponsor organization before applying for registration with MOCA contravenes a clause of Article 22 of the International Covenant on Civil and Political Rights, which states that governments shall place no restrictions on the freedom of association other than those "´which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others´"
For more information on civil society and non-governmental organizations in China, see Section III!Civil Society (pp. 203-207) in the CECC 2009 Annual Report.
| Source: -See Summary (2010-01-21 ) |
Posted on: 2010-02-05 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=135081 |
Shenzhen Authorities Issue Circular Outlining Punishments for "Abnormal Petitioning"
February 3, 2010
China's petitioning system (xinfang - "letters and visits") permits citizens to seek redress for grievances by submitting petitions directly to Party and government authorities. In November 2009, local government entities in Shenzhen reportedly issued a circular that identified 14 types of prohibited "abnormal petitioning" behavior and corresponding punishments. Some observers have alleged that Shenzhen officials overstepped their authority by including specific provisions in the circular that are broader in scope than those found in relevant national regulations, and that may impose unlawful restrictions on citizens' rights to freedom of person. According to Chinese law, administrative penalties that restrict freedom of person may be established only through legislation passed by the National People's Congress or the National People's Congress Standing Committee.
Shenzhen's Intermediate People's Court, Procuratorate, Public Security Bureau, and Justice Bureau reportedly jointly issued in November 2009 the "Circular Regarding the Lawful Handling of Abnormal Petitioning Behavior," (Circular) according to a November 13 Xinhua article. The Circular identified 14 types of "abnormal" petitioning behavior that would be subject to disciplinary action, according to the Xinhua article. As of January 20, 2010, while reports of the Circular and its contents have appeared widely on line and in the state-run media, the Circular itself does not appear to be publicly available. In a drive initiated by the mainland citizen group Civil Rights and Livelihood Watch, over 1,000 people signed an open letter demanding the repeal of the Circular, according to a December 1 Boxun article. According to an article on the Shenzhen Public Security Bureau Web Site dated November 11 (via the Shenzhen City Government Web site), among the types of behaviors the Circular reportedly defines as "abnormal" and links to the "disruption of public order" are the following: "chanting slogans," "raising banners," "wearing clothes upon which grievances are written," "displaying petition statements," "handing out information on petitioning," and "holding sit-ins."
The range of behaviors identified in the Shenzhen circular as prohibited is broader than the range prohibited by the national-level State Council Regulations on Letters and Visits (2005), according to the Xinhua article. Articles 18-20 of the State Council Regulations on Letters and Visits outline the limitations on petitioner behavior and disallow petitioners from harming "the interests of the State, society or the collective," "infringing upon the lawful rights of other citizens," and committing six types of acts, including "disrupting public order." The punishments outlined in the Shenzhen circular reportedly are more severe than those outlined in the national-level State Council Regulations on Letters and Visits (Articles 47 and 48), according to an article posted by a lawyer at the Guangdong Huashang Law Firm on the Beijing Law Information Net Web site. One mainland Chinese Academy of Social Sciences scholar who has researched China's petitioning system points out in his blog that the circular does not make the behaviors "illegal" but prohibits them by calling them "abnormal." He considers the circular's expanded list of prohibited behaviors as an "arbitrary interpretation that exceeds authority and has no basis."
Public discussions of the Shenzhen circular have included questions regarding the use of the document as a basis for legal action, according to a Global Times article (via People's Daily). The Circular reportedly outlines the following specific punishments for persons deemed by authorities to be guilty of "abnormal petitioning." For cases in which "abnormal petitioning" behavior persists, punishments are to be applied in the following sequence, according to a November 12 Guangzhou Daily article:
(1) advise a first-time offender against "abnormal petitioning" and inform them that the next time, they will be given a "disciplinary warning"
(2) penalize with a "disciplinary warning" (jinggao chufa)
(3) punish through "administrative detention" (xingzheng juliu)
(4) send to "reeducation through labor" (laodong jiaoyang) according to relevant reeducation through labor (RTL) rules and regulations.
Authorities may pursue criminal liability according to relevant laws if they think ongoing behavior constitutes a crime.
Chen Tao, a member of the criminal law committee of the government-controlled Beijing Lawyer's Association reportedly stated that, while some clauses of the Circular would help to regulate petitioning, it is primarily a document to be used for reference, and not as a foundation for law enforcement, according to the Global Times article. The article posted on the Beijing Law Information Net points out that the four issuing entities do not possess the same legislative authority that the local people's congresses and local people's congress standing committees in special economic zones and larger cities enjoy; nor do they have interpretive authority. At most, government administrative entities may make concrete operational suggestions regarding the implementation of legislation, according to the article. In addition, for the intermediate people's court and the procuratorate to become involved in administrative action too early would be tantamount to stripping away procedures for supervision and redress, also according to the same article. The Xinhua article points out that locally established rules may not contradict laws or administrative regulations, and that local rules may not deprive citizens of their rights or restrict freedom of person. According to the article, this can only be done through legislation passed by the National People's Congress (NPC) or the NPC Standing Committees. Article 9 of the PRC Administrative Punishment Law states that "Administrative penalty involving restriction of freedom of person shall only be created by law." Article 7 states that "[w]here an illegal act constitutes a crime, criminal responsibility shall be investigated in accordance with law; no administrative penalty shall be imposed in place of criminal penalty."
The Shenzhen circular is not the first to identify a broad scope of prohibited behaviors or to outline detention and RTL penalties for citizens who allegedly engage in "abnormal petitioning." A November 13 Financial Times article reported that petitioners from across China contacted by the paper said that they had been warned that if local officials determined their petitions were "abnormal" they could be sent to labor camps. On July 15, 2008, the Inner Mongolian Autonomous Region People's Procuratorate and Public Security Department jointly issued a document regarding the handling of "abnormal petitioning" behavior by people from the province who travelled to Beijing to air their grievances, according to a November 13 Boxun article (with a picture of the Inner Mongolia circular). Clauses 4-8 of the Inner Mongolia circular contain wording similar to the Shenzhen circular regarding the specific punishments petitioners may face for engaging in petitioning behavior local officials determine to be "abnormal," according to the article.
An official at the National "Letters and Visits (Xinfang) Bureau reportedly stated that survey results show 80 percent or more of citizens' petitions could be resolved at the local level and 80 percent are reasonable and involve real difficulties and problems that should be resolved, according to the Xinhua article. Citizens resort to "abnormal petitioning" due to obstacles that block normal access to channels for asserting their interests, according to the Xinhua article. The article asserts that, "some local governments still do not govern according to law; they may abuse their official authority, or even be in collusion with business or be shielding one another." Also according to the Xinhua article, officials in some locations see petitions as "trouble" and petitioners as "elements of instability." They "do not hesitate to allocate man power, material resources, and financial resources; utilize various methods; buy off; rope in by any means; hoodwink; or go so far as to beat or persecute petitioners" that could influence their "political points" or political career.
For additional information on petitioning (xinfang) in China, see Section III!Access to Justice (p. 238) in the CECC 2009 Annual Report.
| Source: -See Summary (2010-01-20 / English) |
Posted on: 2010-02-05 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=134999 |
All-China Women's Federation Proposes, Highlights Need for Draft Anti-Domestic Violence Legislation
February 2, 2010
The All-China Women's Federation announced in November 2009 a proposal for national anti-domestic violence legislation and called for the draft legislation to be included on the National People's Congress legislative agenda. China currently does not have specific anti-domestic violence legislation in place at the national level, leaving unclear both the definition of domestic violence and the responsibilities of various government departments and social organizations in preventing and curbing domestic violence. Treatment of domestic violence cases, therefore, varies by locality and by government entity.
On November 25, 2009, the 10th Annual International Day for the Elimination of Violence Against Women, an official from the Party-controlled All-China Women's Federation (ACWF) announced that it had drafted proposed legislation on preventing and curbing domestic violence. The group will continue to develop the legislation and submit it to the National People's Congress, according to a November 28 Women's Watch-China (WWC) article.
The ACWF was not the first organization to put forward draft legislation. According to a November 18, 2002, Xinhua report, the China Law Society had submitted proposed anti-domestic violence legislation at a symposium the previous week. The two proposals overlap in several areas, according to a November 26, 2009, People's Daily article, which described provisions as including: a clear definition of domestic violence, clear assignment of the government's responsibility in domestic violence prevention and treatment, clear specification of what constitutes "societal aid" and "administrative interference," clear specification of the content that should be used in civil protection orders (or personal safety protection measures), new consideration for "judicial protection," and "breakthroughs in legal responsibility."
The draft anti-domestic violence legislation comes at a time when, according to a March 2009 Xinhua report (via China Daily), the problem of domestic violence is escalating and poses a "severe threat to women's rights in China." Jiang Yue'e, head of the ACWF's rights and interests department warned in this report that "conjugal violence has grown into a potential threat to social stability." ACWF statistics cited in the WWC article reveal that the ACWF receives 50,000 domestic violence complaints annually. This is an increase over the reported 40,000 per year from 2005 to 2007 and up from 20,000 in 2000 as reported in a 2008 CECC analysis. The November 28 WWC article also reported that, of the 50,000 domestic violence complaints reaching the ACWF system annually, the number of cases involving the wounding, crippling, and even killing of victims is beginning to rise. In addition, victims are beginning to report complaints of emotional abuse and sexual violence, according to the article. ACWF statistics cited in a November 27 People's Daily report disclose that domestic violence occurs in nearly 30 percent of China's 270 million households.
Despite the reported prevalence and severity of the domestic violence problem in China, several hurdles continue to impede the progress of effective prevention and treatment. According to experts cited in a January 13, 2010, Radio Free Asia article, challenges in domestic violence prevention and treatment include reluctance on the part of public security organs, the procuratorate, and courts to "interfere" in what they consider to be internal affairs of the home; insufficiently open discussion in Chinese society about actions and behavior that constitute violence against women; and a judiciary that is not independent. The November 28 WWC article also states that different local governments' regulations and policy documents provide different definitions of domestic violence, presenting an additional barrier to dealing with domestic violence consistently across locales.
Several national-level laws contain provisions to regulate domestic violence, including the revised Marriage Law (April 2001), the Law on the Protection of the Rights and Interests of Women (as amended August 2005), the Criminal Law (as amended June 2006), the Public Security Administration Punishment Law (March 2006), and the Civil Procedure Law (revised October 2007). However, these laws do not clearly define domestic violence, assign clear and concrete legal responsibilities, or outline the roles of government departments and social organizations in prevention, punishment, and treatment, as reported in a 2008 CECC analysis and in the November 28 WWC report. Twenty-seven provincial-level jurisdictions now have specific anti-domestic violence regulations and policies in place; however, in the absence of national legislation, treatment of domestic violence issues varies by locality and government entity, according to the WWC report. On July 31, 2008, the ACWF and six other government organs (the Central Propaganda Department, the Supreme People's Court, and the Ministries of Public Security, Civil Affairs, Health, and Justice) jointly issued the Opinions on Preventing and Deterring Domestic Violence which appeared to increase the government's responsibility in handling domestic violence cases, as reported in the 2008 CECC analysis. However, advocates continue to express concern regarding the growing problem and to call for national legislation on domestic violence, as reported in the November 27, 2009, article and a January 12, 2010, People's Daily article.
At an All-China Women's Federation (ACWF) meeting that opened on January 11, 2010, Deputy Director and First Member of the Secretariat of the ACWF, Huang Qingyi, announced that the ACWF would strive for the inclusion of anti-domestic violence legislation into the national legislative agenda "as early as possible," according to the January 12 People's Daily article. The National People's Congress is scheduled to hold its third plenary session in March 2010, according to a December 28, 2009, CCTV Finance report. It is unclear whether proposed legislation on preventing and curbing domestic violence will be included on the agenda.
For more information on domestic violence in China, see Section II!Status of Women in the Congressional-Executive Commission on China 2009 Annual Report.
| Source: -See Summary (2010-01-20 / English) |
Posted on: 2010-02-05 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=134989 |
Chinese Official Calls Chinese Internet "Open" in Response to Google Issue
January 28, 2010
Google announced in mid-January 2010 that it would no longer censor its Chinese search engine. In response, the Chinese government said that Google must comply with Chinese laws and that the Internet in China is "open." Chinese censorship of the Internet, which prevents its citizens from accessing political and religious information that the Chinese government and Communist Party deem too sensitive for public consumption, violates international standards for free expression. The Google case also has raised the question whether Internet censorship in China constitutes trade protectionism.
The Chinese government responded to Google's unwillingness to continue censoring results on its Chinese search engine by saying that Google must comply with Chinese laws and that the Internet in China is "open." At a regularly scheduled press conference on January 19, 2010, Chinese Foreign Ministry Spokesperson Ma Zhaoxu said, "I wish to stress that the Internet in China is open and China supervises the Internet according to law." Ma added: "Foreign-invested enterprises in China should abide by China's laws and regulations, respect the interests, culture and traditions of the general public, and assume the corresponding social responsibilities. Google is no exception."
Ma's comments came in response to a question about Google's January 12 statement saying that Google and the Gmail accounts of Chinese human rights activists had been subject to a cyber attack originating from China. Google did not say the Chinese government was responsible for the attack. The January 12 statement said that Google was reviewing its business operations in China and that it would no longer censor results on Google.cn, the search engine it created for the Chinese market: These attacks and the surveillance they have uncovered!combined with the attempts over the past year to further limit free speech on the web!have led us to conclude that we should review the feasibility of our business operations in China. We have decided we are no longer willing to continue censoring our results on Google.cn, and so over the next few weeks we will be discussing with the Chinese government the basis on which we could operate an unfiltered search engine within the law, if at all. Chinese laws and regulations place a legal burden on Internet companies to monitor content on the Web and censor information deemed unacceptable by the government. The 2000 Measures for the Administration of Internet Information Services prohibit providers of Internet information services from disseminating content that falls into any one of a number of vaguely worded categories, including information "harming the honor or the interests of the nation," "spreading rumors," or "disrupting national policies on religion" (Article 15). Companies that fail to remove such information on their Web sites risk a government order to close (Article 23). Thus, providers of Internet content and services in China routinely filter politically sensitive information from searches on topics such as the 1989 Tiananmen protests, Falun Gong, Tibet, Xinjiang, China's leaders, and Charter 08. (See pp. 60C61 of the CECC 2009 Annual Report.) In August 2009, for example, Google.cn and the domestic search engine Baidu reportedly blocked searches for Xu Zhiyong, the law professor and rights defender who had been detained on charges of tax evasion, according to an August 19, 2009, China Daily article.
The Chinese government¨s regulation of the Internet and other electronic communications violates international standards for free expression. Article 19 of the International Covenant on Civil and Political Rights guarantees the right to "seek, receive and impart" information "of all kinds, regardless of frontiers," through any media of one's choice. Article 19 permits restrictions on this freedom, provided they are prescribed by law and are necessary to protect the rights or reputations of others, national security, public order, or public health or morals. Chinese government practices exceed these allowances, however, because their extensive censorship of the Internet and cell phones is not limited to the removal of content such as pornography, spam, or content deemed to violate intellectual property rights, but also political and religious content the government and Communist Party deem to be politically sensitive.
For more information on Internet censorship in China, see Access to Information!Censorship of the Internet and Cell Phones starting on p. 58 of Section II!Freedom of Expression in the CECC 2009 Annual Report. For background on Google's decision to create a local presence in China and the issue of trade protectionism raised by Google's recent move, click on "more" below.
Background on Google in China and the Issue of Trade Protectionism
Google has said previously that its decision to create a local presence in China through Google.cn, which it began in January 2006, was prompted by difficulty Chinese users encountered accessing its Google.com site which it operated outside of China!difficulty that in part was due to Internet service providers located in China censoring the Internet as mandated by Chinese government laws and policies. As explained in a prepared statement from Elliot Schrage, Google Vice President of Global Communications and Public Affairs, before a February 2006 hearing of the U.S. House of Representatives Foreign Affair Committee, in 2000 Google originally began with a Chinese language-version of Google.com but discovered that service to that site for Chinese users was "slow and unreliable." Schrage said:The cause of the slowness and unreliability appears to be, in large measure, the extensive filtering performed by China's licensed Internet Service Providers (ISPs). China's laws, regulations, and policies against illegal information apply not only to Internet content providers, but also to the ISPs. China has nine licensed international gateway data carriers, and many hundreds of smaller local ISPs. Each ISP is legally obligated to implement its own filtering mechanisms, leading to diverse and sometimes inconsistent outcomes across the network at any given moment. For example, some of Google's services appear to be unavailable to Chinese users nearly always, including Google News.... According to Schrage's 2006 prepared statement, the company decided that "a speedy, reliable Google.cn service will increase overall access to information for Chinese Internet users." To address censorship concerns, Google said that its Google.cn service would notify users when information had been removed from a search result. One observer has noted that Google censored its search results less thoroughly than Baidu censored its results; Baidu is a domestic Chinese company that holds more than twice the market share of Google, according to a January 18, 2010, Washington Post article. That article quoted Rebecca MacKinnon, Open Society fellow and co-founder of GlobalVoicesOnline.org, as saying "consistently, Baidu has censored politically sensitive search results much more thoroughly than Google.cn."
Google had been under particular fire from the Chinese government over the past year. In June 2009, Chinese officials ordered Google to stop linking to sites that officials said contained pornographic content, according to a June 19 Xinhua article. In March 2009, Google reported that its YouTube site was being blocked in China after a video purportedly showing Chinese police beating Tibetans appeared on the site, according to a March 24 New York Times article.
Some international observers question whether China's Internet censorship also amounts to trade protectionism. In a January 6, 2010, op-ed in the Wall Street Journal, Fredrik Erixon and Hosuk Lee-Mayiyama, director and visiting fellow, respectively, of the European Centre for International Political Economy in Brussels, said: Online censorship has become a tool of industrial policy, effectively discriminating against foreign suppliers. The Chinese search engine Baidu has been untouched by the recent crackdown, despite producing similar search results to the blocked Google and Bing Web sites. There also have been reports that users entering Google's address in their browsers have been automatically rerouted to Baidu. Licensing requirements for Web sites help Beijing control the market share of companies like smaller private-sector travel agents or Internet-telephony companies like Skype that compete with larger Chinese companies with strong relationships to Beijing.
| Source: -See Summary (2010-01-20 ) |
Posted on: 2010-02-05 |
 |
more ... |
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=134968 |
China Issues Auto Stimulus Program to Boost the Auto Sector
February 4, 2010
In 2009, the Chinese government issued two important documents concerning China's policy on development of the auto industry. The first, the Program for the Adjustment and Rejuvenation of the Auto Industry, was issued in March and is discussed below. The second, issued in August and effective in September, was a revision to the 2004 Automotive Industry Development Policy, and is discussed in the accompanying CECC analysis, "China Revises 2004 Auto Policy." It is likely the Chinese government will continue to pass legislation and new regulatory measures to achieve the goals of these two documents.
Auto Stimulus Program
In March 2009, the Chinese government issued the Program for the Adjustment and Rejuvenation of the Auto Industry ("Auto Stimulus Program" or "Program," available in Chinese on the government Web site). Though the Program ostensibly was in response to the global financial crisis, Section I acknowledges that the financial crisis was merely an early trigger for the inevitable "structural adjustment" of the industry, as envisioned in the 2004 Policy. (See, e.g., the introductory paragraph and Part 4 of the 2004 Policy, available in Chinese on the Web site of the PRC National Development and Reform Commission.) The Auto Stimulus Program covers the period from 2009 to 2011 and, in a sense, is an accelerated, truncated form of auto policy. The government's "planned targets" in the Program are very detailed, with figures for growth in sales (10 million vehicles in 2009, and a 10-percent average growth over the next three years, as provided in Part 2, Article 3(i)), market share of autos with specified engine displacement (Part 2, Article 3(iii)), and percentage of vehicles that should be new-energy vehicles (5 percent, as provided in Part 2, Article 3(vi)).
The Program stipulates that the major players in the Chinese auto industry shall be reorganized into two or three large auto enterprise groups with production and sales of over 2 million units, and four to five groups with production and sales over 1 million units (Part 2, Article 3(iv)). The program also discusses the future roles of major companies in the sector, with First Automotive Works, Dongfeng Motor Corporation, Shanghai Automotive Industry Corporation Group, and Chang'an Automotive engaging in national takeovers and reorganizations, and Beijing Automotive, Guangzhou Automotive, Chery, and Sinotruk doing so on a regional basis (Part 3, Article 2).
There are several provisions in the Auto Stimulus Program concerning technology, innovation, and development of Chinese brands, including that China should "achieve independence in technology for key parts" (Part 2, Article 3(viii)), and that Chinese companies should be the "main players" in product development and should establish strategic alliances within the industry, cooperating in production, teaching, and research" (Part 3, Article 3). It is not clear whether such strategic alliances, though made pursuant to Chinese government industrial policy, would be consistent with China's Antimonopoly Law. However, the Antimonopoly Law does allow considerable discretion in the case of significant state-owned companies. (See, e.g., the Antimonopoly Law, Article 7, concerning industries in the state-owned economy and Article 15 concerning exempted monopoly agreements.) The Program strongly supports the development of Chinese proprietary brands by formulating policies for development of technology (see, e.g., Part 2, Article 3 (v) to (viii), and Part 3, Articles 3 to 6), funding government procurement, and financing channels (Part 4), and providing support for auto companies to develop their brands through "independent development, joint development, mergers and acquisitions with domestic and foreign enterprises, and other means" (Part 3, Article 6). Chinese auto companies have been working actively toward the acquisition of foreign auto manufacturers, which would allow China to acquire foreign, cutting-edge technology. According to a December 14, 2009, Wall Street Journal report, Chinese state-owned automaker Beijing Automotive entered into an agreement in December 2009 to buy Saab's technology from GM, in a deal which will allow Beijing Auto to incorporate Saab technology into Beijing Auto's own cars. According to the report, a person familiar with the deal indicated that Chinese state-owned banks will finance parts of the acquisition. In addition, listed Chinese auto manufacturer Geely has agreed with Ford to acquire Volvo. According to a December 1 Wall Street Journal report, a person close to Geely has said that Geely has lined up loans from three large Chinese government-owned banks for a possible purchase of Volvo. According to a January 20, 2010, Sina report, Geely reached an agreement with Ford in December 2009 to buy Volvo Car Corporation from Ford. These purchases pave the way for China to "leapfrog" its technological development sufficiently to build Chinese brands in foreign markets, according to a December 14, 2009, report by the Associated Press (via Yahoo!).
Part 4 of the Program provides for several government subsidies to support the auto industry, including:
- Subsidies for farmers to buy minivans or light goods vehicles (Article 2),
- Subsidies for scrapping old vehicles (Article 3),
- Allocation of 10 billion yuan from the central government for development of technology (Article 9), and
- Subsidies for a national fuel-efficient and new-energy vehicle demonstration project (Article 10).
The Program calls for a number of additional measures for various government departments, at the central to local level, to support the industry and to work to achieve the goals of the Program.
Future Developments
Reports on the growth of auto sales in China indicate that China's measures to stimulate domestic consumption are working, with sales up by 46 percent from the previous year, to 13.6 million vehicles, according to a January 12, 2010, Wall Street Journal report. The Auto Stimulus Program was set to expire at the end of January 2010, but Xinhua reported on December 12, 2009, that the Chinese government has decided to extend the program for an additional year, with some minor adjustments. There are indications that the Chinese government will continue to pass legislation and new measures to achieve the goals of these two documents. For example, the State Council issued the 2010 Measures for the Adjustment and Perfection of Economic Policy in December 2009. The measures, as reported in Chinese in Xinhua, provide in part for extension and expansion of certain subsidies and programs supporting the auto industry.
| Source: -See Summary (2010-01-21 ) |
Posted on: 2010-02-05 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=135079 |
Number of Trials for State Security Crimes in Xinjiang Increases in 2009
February 2, 2010
The number of trials involving crimes of endangering state security increased in 2009 in the far western region of Xinjiang. Such crimes can carry harsh criminal sentences and have been used across China to punish peaceful activism and dissent. The figures from Xinjiang come from a year marked by unrest in the region, but none of the trials that took place in October and December 2009 that were connected to the suppressed demonstration and rioting in July has involved crimes of endangering state security. In recent months, Xinjiang authorities have reported taking steps to increase security in the region, targeting acts including those alleged to be state security crimes.
Courts in the Xinjiang Uyghur Autonomous Region (XUAR) completed trials for 437 cases involving crimes of endangering state security (ESS) in 2009, representing a sharp increase in such cases from the previous year, based on information from XUAR media and as reported in a previous Congressional-Executive Commission on China analysis. Rozi Ismail, head of the XUAR High People's Court, provided the figure in his January 14 work report at the XUAR People's Congress and reported that 255 people had been sentenced to prison terms of 10 years or more for ESS crimes, according to a January 15 Chinese-language Xinhua article. Crimes of ESS (also translated as "endangering national security") are defined in articles 102-113 of the PRC Criminal Law to include acts such as splitting the state, subversion, espionage, and armed rebellion. Many of the ESS crimes carry the possibility of life imprisonment and capital punishment. In a March 10, 2006, report (searchable by date on the UN Office of the High Commissioner for Human Rights Web site) based on visits to China, the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment noted that the "vague definition of [ESS crimes] leaves their application open to abuse particularly of the rights to freedom of religion, speech, and assembly," and recommended the abolition of such "political crimes." For more information on cases of people charged with ESS crimes, see the CECC Political Prisoner Database and several recent CECC analyses (1, 2, 3, 4). Rozi Ismail also reported that many of the ESS crimes in the XUAR were terrorism related, according to a January 15 English-language Xinhua report. As noted in the CECC 2009 Annual Report (page 246), XUAR authorities reported in 2009 on detecting terrorist cells and preventing terrorist attacks in the region, but provided limited details on the events.
The 2009 ESS figures from the XUAR come from a year marked by unrest in the region and represent an increase of 169 cases over the previous year, though none of the ESS figures appears to come from trials connected to the suppressed demonstration and rioting in July (see discussion below). As reported in a previous CECC analysis, in 2008, courts in the XUAR completed trials in a total of 268 ESS cases. Based on available data on ESS crimes nationwide and limited information on previous ESS cases in the XUAR, the number in 2008 appeared to represent an increase over previous years.
The January 15 Chinese-language Xinhua article noted that XUAR courts had handled three batches of cases related to the July 2009 unrest, but did not connect the trials to the 2009 ESS figures. A July 18 article from the Legal Daily, citing legal experts from the XUAR, had reported that suspects' alleged crimes related to events in July fell into five categories, including endangering state security, and included over 20 suspected crimes, including separatism and armed rebellion. Based on information reported by Chinese media, however, none of the trials that took place in October and December 2009 that were connected to the suppressed demonstration and rioting in July has involved ESS crimes. See recent CECC analyses (1, 2, 3) for additional information on the trials. The XUAR public security department said on January 18 that public security offices in the XUAR would increase the strength of their work in handling cases connected to events in July and in capturing criminals still at large, according to a January 19 Xinhua report.
In recent months, XUAR authorities have reported taking steps to increase security in the region, targeting acts including ESS crimes. The XUAR government allotted 2.89 billion yuan (US$423 million) for public security spending in its 2010 budget proposal, an increase of 87.9 percent over the previous year, according to information in a January 13 China Daily article, January 14 Tianshan Net report, and January 17 China Xinjiang report (noting that the XUAR People's Congress passed the 2010 budget). In Urumqi, authorities said they would increase the number of 24-hour surveillance cameras in the city to 60,000 by the end of 2010, according to a January 15 China News Net report. As of the end of November 2009, the city had installed 46,953 cameras in the city, according to the report. On December 29, the XUAR People's Congress Standing Committee made revisions to the region's Regulation for the Comprehensive Management of Social Order, effective February 1, that place prominence on "striking hard" against ESS crimes, an emphasis missing from the earlier version of the regulation. (For mention of ESS crimes in the recently revised regulation, see Articles 5, 11, 16, 25, 31, and 42.) In addition, Rozi Ismail announced in his work report that courts in the XUAR "have taken safeguarding state security and social stability as their most important and imminent task," with "striking hard against crimes of endangering state security and violent terrorism as the utmost political task," according to a paraphrasing of his remarks in the January 15 Chinese-language Xinhua article. XUAR government chairperson Nur Bekri reiterated government pledges to uphold stability in the region in his 2010 work report at the regional people's congress, according to a copy of his report posted January 18 on Tianshan Net. At a December 18 national meeting on security in China, Yang Huanning, Vice Minister of the Ministry of Public Security, called for increased steps to maintain stability in the XUAR and in Tibet, according to a copy of the remarks published in the Legal Daily (via Qinghai Peace Net, December 28). Zhou Yongkang, Standing Committee member of the Communist Party Central Committee Politburo, described at a meeting on January 26 plans for a central work forum on the XUAR to address the region's development and stability, according to a Xinhua report (via Tianshan Net, January 28). Combating "'Xinjiang independence' separatist forces" will be the most important issue at the central work forum, according to a January 24 report from Ta Kung Pao.
For more information on conditions in the XUAR, see Section IV-Xinjiang in the CECC 2009 Annual Report.
| Source: -See Summary (2010-01-15 / English) |
Posted on: 2010-02-05 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=134666 |
Liu Xiaobo Appeals Sentence; Official Abuses Mar Case From Outset
January 21, 2010
Prominent intellectual Liu Xiaobo submitted an appeal of his 11-year sentence to the Beijing High People's Court on December 29, 2009. The court will have until mid-February to make its decision, although a ruling could come at any time. As detailed below, Liu was sentenced on Christmas Day 2009 for his peaceful use of the Internet to advocate for political reforms and human rights. Liu argued in his appeal that he was exercising his constitutional right to free speech and that the court should have credited his more than six months under "residential surveillance" toward his time served.
Prominent intellectual Liu Xiaobo submitted an appeal of his 11-year sentence to the Beijing High People's Court on December 29, 2009, according to a January 4, 2010, New York Times (NYT) article. Article 196 of the PRC Criminal Procedure Law gives the high court until mid-February (one and a half months after accepting an appeal) to make its decision, although a ruling could come any time before then. Article 196 also allows the high court to extend its time to decide a case by an additional month, but only under special circumstances.
Freedom of Expression
Liu's main argument on appeal is that he was exercising his constitutional right to free speech and therefore committed no crime, according to one of Liu's lawyers, Shang Baojun, in an interview with Radio France Internationale (RFI) published on January 5, 2010. The Beijing No. 1 Intermediate People's Court earlier found Liu guilty of "inciting subversion of state power" (a crime under Article 105, Paragraph 2, of the PRC Criminal Law). The court, citing six essays Liu wrote and his participation in Charter 08, a document calling for political reform and human rights, said that Liu had incited subversion by publishing "slanderous articles online." The court emphasized that Liu had taken advantage of the special features of the Internet, including the medium's "rapid transmission of information, broad reach, great social influence, and high degree of public attention." The court cited specific passages in Charter 08, which was circulated online, and Liu's essays that were critical of the Communist Party and supportive of democracy, and concluded without further explanation that the words amounted to slander or incitement. The court provided no evidence that Liu advocated violence in his works. Without explaining how the court distinguished words protected as free speech and words constituting incitement of subversion, the court concluded that "Liu Xiaobo's actions have obviously exceeded the freedom of speech category and constitute a crime." Human Rights in China has published an English translation of the trial court's December 25 judgment.
In his interview with RFI, Shang echoed a common concern of defense lawyers handling free speech cases in China, which is the lack of any authoritative guidance on when speech crosses the line from protected speech under Article 35 of the Constitution to the crime of inciting subversion under Article 105 of the Criminal Law. (Other recent cases where Chinese defense lawyers have raised the same concern include those of earthquake activist Tan Zuoren and land rights activist Yang Chunlin). Shang suggested that the court look to international documents for guidance, including the Johannesburg Principles on National Security, Freedom of Expression and Access to Information, which were endorsed by the UN Special Rapporteur on Freedom of Opinion and Expression at several sessions of the UN Commission on Human Rights in the late 1990s and 2001. The Johannesburg Principles provide that expression may be punished as a threat to national security only if a government can demonstrate that the expression is intended to incite imminent violence or is likely to incite such violence. Shang told RFI that Liu's essays advocated non-violence and posed no imminent danger. He said that no acts of violence had resulted from anyone reading Liu's essays.
The Chinese government's application of its subversion provisions, which fall under the category of crimes that endanger national security, violates international human rights standards. Both the International Covenant on Civil and Political Rights (Article 19) and the Universal Declaration of Human Rights (Article 29) require that any restriction on free expression be limited to that which is "necessary" to protect national security, or "solely for the purpose of" protecting national security. The UN Special Rapporteur on Torture has said that the vague wording of China¨s national security crimes leaves their application open to abuse of freedom of speech (March 2006 report searchable by date on the UN Office of the High Commissioner for Human Rights Web site). A 2008 study of "inciting subversion" cases by the human rights non-governmental organization Chinese Human Rights Defenders (CHRD) found that "speech in and of itself is interpreted as constituting incitement of subversion" and that "anything from calling for an end to one-party rule to criticizing corruption has been construed as 'inciting subversion of state power.'" For a summary of the content of the six essays by Liu cited in the trial court opinion, see a previous CECC analysis.
De Facto Detention Under "Residential Surveillance" Not Counted Toward Time Served
According to the January 4 NYT article, Liu argued on appeal that the trial court should have counted the more than six months he served under "residential surveillance" from December 9, 2008, to June 23, 2009, toward his 11-year sentence. Article 47 of the Criminal Law provides that time "held in custody" prior to a judgment shall count toward time served, but does not specify whether "residential surveillance" is considered being "held in custody." In the absence of clear guidance on this issue, courts in China have ruled both ways on whether residential surveillance should be counted, according to a September 8, 2009, op-ed in the Procuratorial Daily written by an employee of a prosecutor's office in Jiangsu province. In what appears to be a commentary from a district-level court in Chongqing municipality posted on the Chongqing Courts Web site on August 17, 2009, the court was considering whether time that a convicted drug dealer spent under "residential surveillance" at a drug rehabilitation clinic prior to his sentencing should be credited toward his sentence as time served. The drug dealer forcibly was confined to the rehabilitation clinic during this time. The commentary cited the 1984 Supreme People's Court Reply Regarding the Question of Whether the Period of Residential Surveillance in Accordance With Law Can Be Set Off Against Prison Term, which stated that residential surveillance, if applied legally, is not a "complete restriction" on personal freedom (criminal suspects may, for example, leave their domicile with permission), and as such should not count toward time served. The reply further noted, however, that there may be situations where authorities claim they are holding a person under "residential surveillance" but in essence are "completely restricting" the suspect's personal freedom. The reply found this was the case when authorities confined a suspect in a detention house but claimed it was "residential surveillance." In applying this rule, the Chongqing court commentary found that the drug dealer's personal freedom had been "completely restricted" by being forcibly held at a drug rehabilitation clinic and that the time should therefore count against his sentence.
Based on public reports on the conditions of Liu's "residential surveillance," it would appear that his personal freedom was "completely restricted." Instead of being confined to his home in Beijing, which Chinese law would appear to require, Liu was taken to a secret location. There is no indication that he was allowed any opportunity to leave, and officials restricted Liu's access to his lawyer, in violation of legal provisions allowing suspects under residential surveillance to meet with their lawyer without official permission. Moreover, officials kept Liu under this form of "residential surveillance" beyond the six-month legal limit, before formally arresting him on June 23, 2009. In early June, Liu's lawyer at the time, noted defense attorney Mo Shaoping, told Agence France-Presse that "basically, [Liu's] entire residential surveillance has not conformed with laws and regulations."
Following Liu's arrest, officials continued to ignore legal protections for suspects and defendants and to make it difficult for Liu to mount his defense.
- Liu was denied the right to hire the attorney of his choice. After Liu's arrest, officials barred Mo Shaoping from representing Liu because Mo was a fellow signatory of Charter 08.
- Liu's defense attorneys were denied the right to present their opinions to prosecutors before the indictment was issued, as required by law, and were not given adequate time to prepare for trial.
- Officials barred Liu's wife and foreign diplomats from attending the December 23 trial, according to a December 25 CHRD report.
- Judges reportedly limited Liu's defense lawyers to less than 20 minutes to present their arguments for Liu's innocence, according to the December 25 CHRD report. The report also said that the presiding judge cut Liu off while he was delivering his prepared statement, preventing him from finishing his remarks.
- No witnesses appeared in court, a common occurrence in China. Most criminal cases proceed solely on the basis of written witness statements for the prosecution, leaving the defense with no opportunity to cross-examine the witnesses and challenge such statements. (See p. 106 of the CECC 2009 Annual Report.) According to the trial court judgment, there were 11 witnesses for the prosecution, including Liu's wife. The other 10 were human rights activists who allegedly participated in Charter 08. At least one witness has denied making the statements that the prosecution had attributed to him. In a December 25 statement published on CHRD's Web site, prominent intellectual Zhang Zuhua said he never told police that Liu had published Charter 08 on overseas Web sites, pointing out that both he and Liu had been apprehended by authorities before the charter was released online. "How could I have said that 'Liu Xiaobo posted Charter 08 on foreign Web sites'? Clearly, this characterization has no basis," Zhang said. Another witness, human rights defender Teng Biao, said in a December 26 essay (via Boxun) that the statements from his police interrogation cited in the court judgment were not relevant since he had never mentioned Liu Xiaobo. Teng noted that in his experience authorities often cited family and friends as witnesses not for evidentiary purposes, but rather to sow discord among them and to raise suspicions about the moral character and integrity of the "witnesses."
Selected Responses From Chinese and International Community to Liu's Case and Recent Verdict - "We Are Willing To Share Responsibility with Liu Xiaobo" (December 10 statement from Chinese citizens who co-drafted or signed Charter 08, via Independent Chinese Pen Center)
- Online Yellow Ribbon Campaign (see December 23 Radio Free Asia article)
- "The Dirtiest of Political Trials" (December 23 statement by Ding Zilin, leader of the Tiananmen Mothers, translated by Human Rights in China)
- U.S. State Department (December 24 Statement by Mark Toner, Acting Spokesman) - "[W]e call on the Government of China to release him immediately and to respect the rights of all Chinese citizens to peacefully express their political views."
- UN High Commissioner for Human Rights Navi Pillay (December 25 Remarks via UN News Centre) - "The conviction and extremely harsh sentencing of Liu Xiaobo mark a further severe restriction on the scope of freedom of expression in China."
- European Union Presidency (Undated Statement on the Sentencing of Liu Xiaobo) - "The verdict against Mr Liu gives rise to concern with respect to freedom of expression and the right to a fair trial in China."
- Former Czech President Vaclev Havel (January 6 Letter to Chinese President Hu Jintao, which Havel attempted to deliver to Chinese Embassy in Prague, as reprinted in the Washington Post) - "There is nothing subversive to state security or damaging to future prosperity when citizens act guided by their own will and according to their best knowledge and conscience, when they associate among themselves to discuss and express peacefully their concerns and visions about the future development of their society."
- Joint Statement by CECC Chairman Byron Dorgan and Cochairman Sander Levin (December 23)
| Source: -See Summary (2010-01-14 / English / Free) |
Posted on: 2010-02-05 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=134546 |
Jiangsu Court Affirms 10-Year Sentence of Guo Quan for Organizing Political Party Online
January 21, 2010
In December 2009, the Jiangsu Provincial High People's Court affirmed a lower court's 10-year sentence of former professor and past member of the state-approved China Democratic League, Guo Quan, after he attempted to organize the "China New Democracy Party" and used the Internet to seek members and disseminate his political views. The appellate court did not open its proceedings to the public and waited beyond the 45-day limit provided under Chinese law before handing down its decision. Chinese citizens who attempt to form independent political parties and use the Internet to organize and peacefully express their opposition to the Communist Party frequently are targeted for harassment, detention, and imprisonment by the Chinese government. In addition, abuses in the Chinese criminal justice system frequently deny criminal defendants!particularly in politically sensitive cases!a fair trial.
On December 22, 2009, the Jiangsu Provincial High People's Court upheld the 10-year sentence against Guo Quan, formerly a university professor and past member of the state-approved China Democratic League, according to a copy of the court's judgment published by Boxun on January 4, 2010. In October, the Suqian Intermediate People's Court in Jiangsu handed down the sentence, which also included three years' deprivation of political rights, finding that Guo used the Internet to organize an "illegal" political party called the "China New Democracy Party," recruited members for the party, published numerous "reactionary" articles online, called for a seven-day stay-at-home boycott of the government, and sought to "overthrow" the socialist system. For these alleged activities, the court found Guo guilty of subversion, a crime under Article 105, Paragraph 1 of the PRC Criminal Law. The trial court emphasized Guo's interactions with other individuals in seeking their membership in the China New Democracy Party, and his calls for an end to one-party rule and civil disobedience, but cites no instance of Guo advocating violence.
On appeal, the Jiangsu High People's Court did not open a court session to hear the case and waited beyond the 45-day limit provided under Chinese law before handing down its decision, according to a December 23, 2009, Radio Free Asia (RFA) article. According to Article 187 of the PRC Criminal Procedure Law (CPL), an appellate court shall "open a court session to hear a case of appeal" and may decide not to open a court session only "if after consulting the case file, interrogating the defendant and heeding the opinions of the other parties, defenders and agents ad litem, the collegial panel thinks the criminal facts are clear." According to the RFA article, Guo's lawyers had argued to the court to open its proceedings. One of the lawyers, Cheng Hai, told RFA: "According to [Chinese] criminal law requirements, under normal conditions a session should be opened in an [appeal], because the point of the [appeal] is to review the legality of the original decision. Only if the facts are very clear, and only after the opinions of the parties and lawyers have been solicited can a court session not be opened. But the problem is that the dispute in this case is very large." The RFA article also noted that the appellate court accepted the case on November 2 but that a month and three weeks had passed without a decision. Under Article 196 of the CPL, the appellate court "shall conclude the trial of the case within one month, or one and a half months at the latest" from the date the case is accepted. Article 196 allows for a further one-month extension upon approval of the high people's court.
The trial court earlier had relied on procedural postponements to delay its verdict against Guo until October 16, 2009, after celebrations of the 60th anniversary of the founding of the People's Republic of China on October 1. The case of another Chinese citizen who has called for greater democracy and human rights in China!that of prominent intellectual Liu Xiaobo!also has been marred by abuses in the criminal justice system. Liu appealed his 11-year sentence for inciting subversion on December 29, 2009, and is awaiting a decision.
For more information on Guo and Liu, please see their records of detention, searchable through the Congressional-Executive Commission on China's (CECC) Political Prisoner Database. For more information on how Chinese officials use the criminal charge of subversion or inciting subversion to punish citizens who express opposition to the Communist Party, see pp. 46-47 of the CECC 2009 Annual Report.
| Source: -See Summary (2010-01-11 / English / Free) |
Posted on: 2010-02-05 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=134265 |
Trials Continue in Xinjiang, Press Reportedly Warned Against Independent Reporting
January 27, 2010
A court in the far western region of Xinjiang handed down the death penalty to 10 people—5 with a two-year reprieve—and sentenced 12 others to prison terms in late December after finding them guilty of committing crimes during unrest in Xinjiang in July. The court reportedly gave one-day notice of some of the trials, in violation of Chinese law, and warned journalists who attended the trials not to report extensively on the event. The same court tried 13 more people in late January, sentencing 5 to death—1 with a two-year reprieve—and others to prison terms. The late December and January trials follow trials in October and early December also connected to events in July, and the sentences from those trials since have been upheld. The trials have been marked by violations of international standards for due process including judges selected for "political reliability" and curbs on independent legal defense.
Following the forceful police suppression of a demonstration by Uyghurs on July 5 and outbreaks of violence starting that day in Urumqi, Xinjiang Uyghur Autonomous Region (XUAR), the Urumqi Intermediate People's Court held trials on December 22 and 23 for 22 people accused of committing crimes in July, according to reports from Chinese and overseas media. The court found the defendants, who were involved in a total of five cases, guilty of crimes including intentional homicide and robbery, sentencing five to death, five to death with a two-year reprieve, eight to life in prison, and four to prison sentences between 12 and 15 years, according to a December 24 report from the Xinjiang Daily (via Bingtuan Net). Based on the names provided in the article, all of the people sentenced appear to be Uyghur. The report noted that seven of the defendants had committed the crimes "after participating in the illegal demonstration," an example of limited acknowledgment by officials that a "demonstration" took place on July 5 in addition to violent activity. Authorities initiated prosecution against the 22 people and 1 other person, involved in a total of six cases, on December 12, according to a Tianshan Net report (via Xinhua's Bingtuan Net, December 14). The Xinjiang Daily article did not discuss the status of the 23 person involved in the sixth case. On January 25, the Urumqi Intermediate People's Court tried 13 more people involved in five cases, sentencing 4 to death, 1 to death with a two-year reprieve, and the remaining defendants to prison terms including life imprisonment, according to a January 26 Xinjiang Daily report (via Xinhua). The January report did not provide detailed information on the trial and listed the names of only six of the defendants, all of whom appeared to be Uyghur. The late December and January trials follow trials in the Urumqi Intermediate People's Court in October and early December, also connected to events in July.
A report from an overseas newspaper, The Australian, indicates that authorities attempted to limit information on the late December trials. While the December 24 Xinjiang Daily article said that the trials were open to the public and attended by various spectators including the media, journalists present at one day of the trials, who were cited in a December 23 article from The Australian, said that authorities told them "not to write detailed reports or conduct their own investigations into the murders or the accused," according to a paraphrasing of their remarks. The journalists also said they were notified of the trials less than one day in advance, according to the report. Under Article 151(5) of the PRC Criminal Procedure Law, courts shall announce trials involving public prosecutions three days in advance. The controls over journalists' activities accompany broader measures in the XUAR to curb the free flow of information about events in July by blocking Web sites and limiting Internet access, international phone calls, and text messaging. Authorities announced in late December that they gradually would begin to lift the restrictions. (See, e.g., a December 28 announcement from the XUAR government information office, via Bingtuan Net, December 29, and December 30 China Daily report). As of mid-January, the Congressional-Executive Commission on China (CECC) found that many Web sites from the XUAR remained inaccessible to users outside the region. A January 18 China Daily article reported that most sites from the region also remained blocked to users there, while authorities had restored limited text messaging and international phone service. While the national state-run media agency Xinhua had provided English-language reports on the earlier trials, English-language reporting on the late December and January trials appears absent from Xinhua and other Chinese media agencies. For overseas reporting on the trials based on information provided by the XUAR government and state-run media, see, e.g., a December 24 New York Times article, December 24 Reuters report, and January 26 Reuters report.
As noted in a previous CECC analysis, trials connected to the July events have been marked by violations of international standards for due process, including judges selected for "political reliability" and curbs on independent legal defense. As in the case of reports on the earlier trials, the December 24 Xinjiang Daily article reported that lawyers hired by the defendants or appointed by the court presented defense arguments at the late December trials. (The report on the January trial did not include information on legal defense.) The information on the late December trials follows news, however, that authorities in the XUAR and elsewhere had restricted lawyers' defense activities and clients' right to have independent counsel, calling into question the nature of the legal defense during the December trials and earlier court hearings. See previous CECC analyses (1, 2) for details. Recent remarks from Rozi Ismail, head of the XUAR High People's Court, underscore politicization in the judiciary and the influence of the high court over lower courts, further calling into question the likelihood of a fair first-instance trial and fair hearing on appeal based on international standards for due process. In his January 14 work report at the XUAR People's Congress, Rozi Ismail said that the high court had issued guiding opinions on cases connected to events in July and strengthened "supervision and guidance" toward lower courts to guarantee the trials took place in an "orderly" way in accordance with law, according to a January 15 Chinese-language Xinhua article. Like other officials, Rozi Ismail connected July events to the "three forces" of terrorism, separatism, and religious extremism and said courts would continue to "strike hard with maximum pressure" at the "three forces," with crimes from July as the focus. No July-related trials to date, however, have involved terrorism, separatism, or other crimes of endangering state security, according to available information on the trials from Chinese media.
Verdicts from earlier trials in 2009 have been upheld on appeal. The XUAR High People's Court heard appeals in October from the trials held that month and upheld the judgments, as CECC analyses reported (1, 2). In addition, on December 19, the Xinjiang High People's Court heard appeals in open court from eight people in seven cases tried by the Urumqi Intermediate People's Court in early December, according to a Tianshan Net report (via Bingtuan Net, December 20) and December 21 Xinjiang Daily article (available in PDF of the hardcopy article from Open Source Center, CPP20100106038009, subscription required). Lawyers for the defendants presented defense arguments at the hearings, according to the articles. The Xinjiang High People's Court upheld the lower court's judgments. The court also upheld the judgments for three other people tried in early December, upon reading their case files and questioning the relevant parties, according to the reports.
For additional information, see Section IV—Xinjiang in the CECC 2009 Annual Report.
| Source: -See Summary (2010-01-07 / English) |
Posted on: 2010-02-05 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=134110 |
China Revises 2004 Auto Policy
In 2009, the Chinese government issued two important documents concerning China's policy on development of the auto industry, one of which was a revision to the 2004 Automotive Industry Development Policy. The revised policy, which the Chinese government issued in August 2009, and which came into effect in September, is discussed below. China was required to revise the 2004 Policy in order to comply with the judgment against China at the World Trade Organization (WTO) concerning import tariffs on auto parts. In March 2009, the Chinese government issued a stimulus package for the auto industry called the Program for the Adjustment and Rejuvenation of the Auto Industry, which is discussed in the accompanying CECC analysis, "China Issues Auto Stimulus Program to Boost the Auto Sector."
Background to revision of the 2004 Policy
The 2009 revision (via China Law & Practice, subscription required) to the 2004 Automotive Industry Development Policy ("2004 Auto Policy," available in Chinese on the National Development and Reform Commission Web site) was the second change to the auto policy since China joined the WTO in December 2001, when the 1994 auto policy was in effect. (For a discussion of the first revision, see pages 18-19 of the 2006 Congressional Research Service report, "China's Impact on the U.S. Automotive Industry." For a discussion of both revisions, see the China legal update by PRC law firm, Jade & Fountain, "Customs Duty Policy Changed on Automobile Parts imported for Assembly in China.") Under Paragraph 204 of the Working Party Report on the Accession of China to the WTO, China was required to amend the 1994 policy to make it compatible with WTO principles and rules. China promulgated the 2004 Policy in part to meet this commitment. However, certain provisions of the 2004 Policy, most notably provisions concerning tariff rates applicable to the import of auto parts and assemblies, were not compliant with the WTO. The United States, European Union, and Canada challenged these provisions and their implementing legislation in DS339, DS340 and DS342 at the WTO. As reported in U.S. Trade Representative's 2009 National Trade Estimate Report on Foreign Trade Barriers, the WTO dispute panel found that the provisions discriminated against imported auto parts and thus were inconsistent with WTO requirements. China appealed the panel's ruling, which subsequently was upheld by the WTO Appellate Body. Accordingly, the WTO Dispute Settlement Body requested that China bring the relevant provisions of the 2004 Policy, as well as legislation passed to implement those provisions, into conformity with China's WTO obligations. Therefore, on August 5, 2009, the Ministry of Industry and Information Technology and the National Development and Reform Commission issued Order Number 10 revising the 2004 Policy to delete the offending provisions applicable to tariffs on imported auto parts and assemblies.
Scope of the 2004 Policy, as revised
The only significant revision Order Number 10 made to the 2004 Policy was the deletion of the offending provisions, which were directed toward the localization of production of auto parts. The following discussion concerns the remainder of the 2004 Policy, which, except for the renumbering, is unchanged. Notwithstanding Order Number 10's limited revision, the 2004 Policy was, and continues to be, a comprehensive roadmap for development of a robust auto sector in China, covering a wide range of issues from development of technical standards to criteria and procedures for government approval of investment projects. The policy's goals, as stated in the introductory paragraph, are "to promote the adjustment and upgrading of the structure of the automotive industry, comprehensively enhance the international competitiveness of the automotive industry, satisfy the ever-increasing consumer demand for automobile products, and promote the healthy development of the automotive industry." The 2004 Policy decreed that by 2010 China would be one of the major auto manufacturing countries in the world, with the capability to produce enough cars for domestic consumption and to export cars. This is further elaborated in the Auto Stimulus Program, as discussed in the accompanying CECC analysis by that name. Key parts of the policy (as renumbered to reflect the revision) are as follows:
- Envisions the development of automotive technology, both through indigenous innovation and by studying international cutting-edge technology (Articles 7 to 12). The policy refers to support for technology to lower emissions, raise fuel-efficiency, produce hybrid and electric vehicles, use new vehicle materials, and use alternative fuels.
- Lays out a framework for the structural adjustment of the auto sector. This is done through the creation of large auto enterprise groups and alliances, and international cooperation to broaden the scope of operations and cope with globalization (Articles 13 to 16). Provides for "an exit mechanism" for companies that cannot compete (Article 17).
- Lays out detailed investment approval procedures and requirements (Articles 40 to 51). These cover government approval of various categories of auto or auto parts companies, establishment of automotive research and development centers, and foreign shareholding ratio restrictions applicable to foreign investment in the sector.
- Encourages the growth of private automobile consumption, and sets standards (Articles 56 to 69). These standards include a range of regulations to facilitate and encourage auto purchases, such as regulations on types of vehicles, toll road charges, fees, auto finance, the second-hand market, insurance premiums, and construction of parking lots.
- Additional miscellaneous provisions. These include, for example, provisions on technical standards, trademarks and branding, sales and service networks, import restrictions, and support from other industries, such as metallurgy and electronics.
Additional Developments in Auto Industrial Policy
In March 2009, the Chinese government issued the Auto Stimulus Program, which enhanced and expanded the auto policy. The implementation of these two has set the stage for a continued rapid development of China's auto sector, which has flourished in 2009. According to a December 9, 2009, Wall Street Journal report, Dong Yang, the executive vice president and secretary general of the China Association of Automobile Manufacturers, expects vehicle sales to exceed 13 million in 2009, about a 40 percent increase from 2008. China is now the largest auto market in the world
| Source: -See Summary (2009-12-11 / English) |
Posted on: 2010-02-05 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=133273 |
Chinese Media Reports on Continued Demolition in Kashgar, Resettlement Numbers Vary
February 2, 2010
Authorities in the far western region of Xinjiang have continued steps to demolish and "reconstruct" the Old City section of Kashgar and relocate residents, according to reports from Chinese media. At the same time, however, one article from overseas media reported that work on the project has stalled. Officials also launched a three-month project in October 2009 to survey cultural heritage in the Old City, almost a year after authorities first started the demolition project. The project has drawn opposition from Uyghur residents and other observers for requiring the resettlement of residents and for undermining heritage protection.
Authorities in the Xinjiang Uyghur Autonomous Region (XUAR) demolished over 4,700 homes in the Old City section of Kashgar city in 2009 as part of an ongoing project to demolish and "reconstruct" the nationally designated historic area, according to reports from Chinese media. As noted in a previous Congressional-Executive Commission on China analysis, XUAR authorities launched the five-year project in February 2009 with a stated aim of resettling at least 50,000 households into earthquake-resistant housing. The project has drawn opposition from Uyghur residents and other observers for requiring the resettlement of residents and for undermining heritage protection. Among recent Chinese media reports on the project, statistics on the total number of households resettled have varied, while information on the number of homes demolished appear consistent for the timeframes given in the different articles (cited below). Over 4,000 households were resettled in 2009, according to a January 4 report from China Xinjiang. A December 25 Xinjiang Daily article (via the United Front Work Department) reported that as of that time, authorities had started construction on more than 11,200 residences, and that 11,099 households had moved into new homes. A November 18 article from the Xinjiang News Net described over 700 households moving into new homes. Residents have had the option of moving into new residences that retain traditional features or moving into high rises, according to the Xinjiang News Net article, and some residents have built homes on the same site as their old residences, the Xinjiang Daily article reported. The articles did not provide details on compensation or job opportunities in new housing areas outside the Old City, issues which have drawn concern from local residents, nor did they indicate the total number of people resettled outside the Old City rather than to homes rebuilt on the same location.
While the Chinese media reports suggest demolition and resettlement work has been ongoing throughout 2009, a January 13 article from the Global Post, a non-Chinese media outlet, cited residents who reported that the project slowed following the July 2009 unrest in the XUAR, eventually coming to a halt. The article noted that authorities still continue to publicize the project, including by announcing a level of praise from the UN Educational, Scientific and Cultural Organization (UNESCO) that the organization says it has not provided. The article said that roughly 1,000 families reportedly had been resettled to new apartments in the first six months of 2009. (Other recent reports from non-PRC-controlled media have suggested that the demolition is ongoing, but without providing specific details on the status of demolition work in recent months. See, e.g., a December 30 South China Morning Post article (subscription required, also available through Open Source Center, subscription required) and a January 6 report from The Australian.) Following events in July, an August 21, 2009, Xinjiang News Net article reported on increased funding for the project and said that the project had received UNESCO's approval.
The recent news follows a report that Kashgar authorities launched a three-month project in October to survey cultural heritage in the Old City, according to a November 1 Xinhua report. The project was intended to investigate historic homes and structures, according to the article. The report did not explain why authorities launched the preservation effort almost a year after beginning demolition work in the Old City. In the run-up to the launch of the demolition project in 2009, authorities had stressed that "few" buildings in the Old City had real preservation value and that most structures would be demolished. The statements on the number of buildings with preservation value were at odds, however, with outside assessments and earlier official evaluations of the area's cultural heritage, and subsequent reports indicated that historic buildings had been razed. See the previous CECC analysis on the Kashgar demolition and the discussion below for more information on assessments of the Old City's cultural heritage. For reports on subsequent demolitions of historic sites, see, e.g., a June 17, 2009, Radio Free Asia report and the South China Morning Post article.
Two journal articles from previous years lend insight into problems surrounding heritage preservation work and resettlement in Kashgar. A 2007 article by Zhang Qun, an official from the Kashgar Party Committee School, stressed the importance of heritage protection to developing the area's tourist industry, highlighting such problems as a lack of publicity about the city's "harmonious ethnic relations," but Zhang's critique of the tourist industry also illustrated problems in the city's existing system for cultural heritage preservation. Zhang described a failure to attach sufficient attention to heritage protection and noted that as the result of a lack of planning and lack of consciousness toward heritage protection, some areas had lost their historic character. Zhang also noted that efforts to research the area's cultural relics and historic figures were insufficient. (See Zhang Qun, "Thoughts on Developing the Tourist Industry in Kashgar, Xinjiang" [Xinjiang kashi shi luyouye fazhan de sikao], Shishi Qiushi, Number 6, 2007, available via Eastview, subscription required.) In a 2008 article describing earlier, smaller-scale steps to relocate Kashgar residents and reconstruct parts of the Old City, author Gao Xiang wrote that the majority of residents were unwilling to move into new homes and that resettled residents experienced detrimental effects on their livelihoods, which had been tied to jobs in the Old City. The article also noted that the project affected the cultural features of the Old City and that while authorities had restored some residential areas, they charged admission for entry to the renovated areas. (See Gao Xiang, Renewed Research on the Old City of Kashgar, Xinjiang [Xinjiang kashi lao chengqu gengxin yanjiu], Huazhong Architecture, Number 12, 2008, available via Eastview, subscription required.)
For additional information on conditions in the XUAR, see Section IV!Xinjiang in the CECC 2009 Annual Report.
| Source: -See Summary (2009-11-28 ) |
Posted on: 2010-02-05 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=132585 |
Government Issues Procedures on Tax Deductions for Donations to NGOs
February 4, 2010
Since 2007, the Chinese government has issued new procedures for NGOs seeking eligibility to receive tax-deductible donations. Existing regulations require NGOs to register with the government. The new procedures do not alter that requirement, but provide clearer guidance on how some types of NGOs registered with the government ("public welfare" foundations and social organizations) may become eligible to receive tax-deductible donations. At the same time, the number of NGOs meeting the eligibility requirements remains low, potentially limiting the impact of the new procedures.
Expanding on a circular issued in 2008, the central government in July issued "working guidelines" for social organizations (shehui tuanti) seeking eligibility to receive tax-deductible donations. According to a report from United States International Grantmaking, social organizations are "one of the three primary forms" of NGOs in China. The other two primary types of NGOs in China are foundations (jijinhui) and private non-enterprise organizations (minban fei qiye danwei). The Working Guidelines issued in July further clarify the standards for determining the eligibility of social organizations for tax-deductible donations. At the same time, they continue to limit the number of eligible social organizations. The working guidelines also do not alter existing regulations requiring all NGOs to register with the government.
Since 2007, central government departments have issued increasingly detailed measures for NGOs seeking eligibility to receive tax-deductible donations. In January 2007, two national-level ministries, the Ministry of Finance (MOF) and the State Administration of Taxation (SAT), issued a circular on new procedures for "public welfare" foundations and social organizations (gongyixing shehui tuanti he jijinhui) seeking eligibility to receive tax-deductible donations. In December 2008, MOF and SAT issued a second circular, specifying the application procedures and eligibility requirements in greater detail. Following the December 2008 Circular, the Ministry of Civil Affairs (MOCA) issued implementation plans for "public welfare" foundations and working guidelines for "public welfare" social organizations in March and July 2009, respectively. The July 2009 Working Guidelines concerning social organizations clarify some provisions from the December 2008 Circular, and further specify what social organizations should include in their application for eligibility to receive tax-deductible donations.
Since 2008, it appears that the number of NGOs deemed eligible by the government to receive tax-deductible donations has risen. In August 2009, MOF, SAT, and MOCA published a circular with the names of 69 "public welfare" social organizations (gongyixing shehui tuanti) that the central government deemed eligible in 2008 and part of 2009. Provincial and municipal governments in 2009 have also published similar circulars. For example, Guangdong province in May 2009 issued a circular listing the names of 81 "public welfare" social organizations deemed eligible to receive tax-deductible donations. Before 2007, MOF and SAT determined the eligibility of NGOs for tax-deductible donations on a case-by-case basis, and the number of NGOs that gained eligibility was small. Between 2000 and 2007, MOF and SAT granted eligibility to fewer than 70 "national-level NGOs" (guojia ji de fei yinglixing de shehui zuzhi) , according to a China Philanthropy Times article (via jizhe.cc) published on June 17, 2009.
As noted in the Commission's 2009 Annual Report, there are thousands of NGOs that either are not registered with the government or registered as for-profit companies. Based on provisions listed in the July 2009 Working Guidelines and the December 2008 Circular, these NGOs will not be able to apply for eligibility to receive tax-deductible donations, as explained below.
The December 2008 Circular contains provisions limiting the number of NGOs from applying for eligibility to receive tax-deductible donations (see Article 4). The December 2008 Circular defines organizations eligible to receive tax-deductible donations as "public welfare social organizations" that are "in accordance with the stipulations issued by the State Council in the 'Regulations on the Management of Foundations' and the 'Regulations on the Registration and Management of Social Organizations.'" The December 2008 Circular does not refer to private non-enterprise organizations (minban fei qiye danwei) and appears to exclude them from applying for eligibility. Private non-enterprise organizations comprise 182,400 of the 413,967 NGOs in mainland China that are registered with the government, according to a September 2009 Xinhua article.
Both the July 2009 Working Guidelines and the December 2008 Circular stipulate additional requirements for "public welfare" social organizations seeking eligibility to receive tax-deductible donations. For example, Article 1 of the July 2009 Working Guidelines lists the requirements for social organizations (shehui tuanti) applying for eligibility. Among other requirements, Article 1 states that "in the three years before applying, each year's expenses on public welfare activities should be no less than 50 percent of last year's total expenditures and 70 percent of that year's general income." Article 1 of the July 2009 Working Guidelines also states that social organizations should be registered with the government for at least three years,and should not have received administrative punishment in the last three years. Social organizations passing annual inspections in the most recent year and receiving a score of 3A or higher on a government appraisal will also be eligible to apply, according to Article 1. The government appraisal listed in the July 2009 Working Guidelines is detailed in a Guiding Opinion issued in August 2007 by the Ministry of Civil Affairs. The August 2007 Guiding Opinion calls for civil affairs bureaus at the provincial level and below to assign NGOs that are registered with the government a numerical ranking from 1A to 5AAAA. The assigned ranking is based on a range of criteria, including compliance with relevant laws and regulations and the status of the Communist Party branch within the organization.
The government continues to exert control over NGOs in China. As noted in the Commission's 2009 Annual Report, national regulations issued in 1998 require that all NGOs register with the government. In order to register, all NGOs must have a government-approved sponsor organization. These requirements contravene Article 22 of the International Covenant on Civil and Political Rights, which provides that, "No restrictions may be placed on the exercise of [the right to freedom of association] other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety..." For more information on non-profits in China, see Section III!Civil Society (pp. 50-57) in the CECC 2009 Annual Report.
| Source: -See Summary (2009-11-17 / Chinese) |
Posted on: 2010-02-05 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=132161 |
WTO Rules Against Chinese Trade Restrictions on Books, DVDs, Music, and Films
February 4, 2010
A World Trade Organization (WTO) expert panel (Panel), in a report dated August 12, 2009, found that certain Chinese regulations that restrict foreign companies and Chinese-foreign joint ventures from importing or distributing products such as books, DVDs, and music, as well as from importing films for theatrical release, violate China's international trade obligations. The Panel also found that certain Chinese regulations discriminate against publications imported into China to the benefit of publications produced in that country, which is contrary to China's WTO obligations. The United States, which originally lodged the complaint that led to the ruling, welcomed the decision, while China expressed dissatisfaction. Both the United States and China appealed the ruling. The WTO Appellate Body upheld the Panel's conclusions in most respects, concluding that China's import and censorship system is not consistent with China's WTO commitments. The Appellate Body also held that China had the right to use an exception under the General Agreement on Tariffs and Trade for protection of public morals, but that the issue in this case did not qualify. The ruling did not challenge China's censorship of the content of the products in question or address China's compliance with international obligations to protect intellectual property rights.
In a report dated August 12, 2009, a World Trade Organization (WTO) expert panel (Panel) found that certain Chinese regulations restricting the ability of foreign companies and Chinese-foreign joint ventures to import or distribute (1) reading materials, (2) audiovisual home entertainment (AVHE) products, and (3) sound recordings, as well as to import films for theatrical release, were in violation of WTO rules. According to the Panel's report, reading materials include books, newspapers, periodicals, and electronic publications; AVHE products include videocassettes, VCDs, and DVDs; and sound recordings include recorded audio tapes and CDs as well as "ringtones" and "ringback tones." The Panel's report stems from a Request for Consultations filed by the United States in April 2007, according to the WTO Web site.
A summary of the Panel's findings can be found on pages 461-469 of the report. Specifically, the Panel found the following measures to violate China's WTO obligations:
- Chinese regulations that expressly prohibit foreign investment in businesses that import reading materials, AVHE products, or sound recordings, as well as regulations that give the Chinese government discretion to determine who may import reading materials, AVHE products, sound recordings, and films into China. For example, Articles X(2) and X(3) of the Catalogue of Prohibited Foreign Investment Industries in the Catalogue for the Guidance of Foreign Investment Industries prohibit foreign investment in the "business of´ importing of books, newspaper and periodical" and the "business of´ importing of audio and visual products and electronic publications." The Panel found that these provisions violate commitments in the Chinese government's Protocol of Accession to the WTO (Protocol) and the Report of the Working Party on the Accession of China (Working Party Report) that require China to permit all enterprises in China and foreign enterprises and individuals to import and export all goods (with some limited exceptions) to and from China by December 2004. In addition, the Panel found other regulations that violate commitments in the Protocol and the Working Party Report. Examples include Articles 41 and 42 of the Regulation on the Administration of Publishing, which require companies that import publications into China to be Chinese wholly state-owned enterprises, and Article 30 of the Regulations Regarding Management of Films, which gives the State Administration of Radio, Film, and Television discretionary authority to decide who can import films.
China argued that its requirement that importers of reading materials and audiovisual products be wholly state-owned enterprises is "necessary to protect public morals," a claim that the Panel rejected. According to Article XX(a) of the General Agreement on Tariffs and Trade 1994 (GATT 1994), a country may adopt trade measures that are "necessary to protect public morals." According to the Panel's report, China argued that reading materials and audiovisual products are "cultural products" which are "of a unique kind with a potentially serious negative impact on public morals," and noted that "in the case of products to be imported it is critical that the content review be carried out at the border." Furthermore, China argued that relying solely on administrative authorities to carry out this review would create "undue delays" because of those authorities' "limited resources," and therefore it is appropriate for Chinese authorities to select "import entities" that would help conduct a content review. China contended that the "contribution of the import entities to the content review is a substantial and essential condition for an effective and efficient content review." Finally, China argued that these import entities must be wholly state-owned enterprises, because "´the Government cannot require privately owned enterprises in China to bear the substantial cost [of conducting content review.]" In response, the United States argued that "content review can be conducted before, during, or after importation by any number of entities, with no need to give China's state-owned enterprises a monopoly on importing." The Panel found that the monopoly of Chinese state-owned enterprises on the content review and importation of reading materials, AVHE products, sound recordings and films for theatrical release was not a measure "necessary" to protect public morals as allowed under Article XX(a) of the GATT 1994.
Reactions to the Ruling
The United States Government and representatives of the American film industry cast the Panel's ruling as a victory, while the Chinese government expressed dissatisfaction with the ruling. In an August 12 press release, United States Trade Representative (USTR) Ron Kirk said that "[t]oday, a WTO panel handed a significant victory to America's creative industries," and that the decision will "level the playing field for American companies´so that legitimate American products get to market and beat out the pirates." In addition, according to an August 17 Reuters article, a U.S. official has said that because the ruling means that the state-run China Film can no longer be a monopoly importer of films into China, other channels for importing films would open up. In an August 12 press release, the Motion Picture Association of America (MPAA) quoted Chairman and CEO Dan Glickman as commenting on the WTO's findings that China's "film import monopoly as well as the barriers that keep U.S. firms from importing and distributing DVDs in China" violated China's international trade obligations. Glickman said, "The Chinese system for distributing U.S. films to Chinese audiences is amongst the most restrictive and burdensome in the world. This decision, coupled with the recent announcement from the State Council that the Chinese government intends to lower market access thresholds for the cultural industry, may be an opening we have been seeking." He also noted that the Panel's conclusions will aid in the film industry's fight against piracy in China. An August 14 Variety article quoted Independent Film and Television Alliance President and CEO Jean Prewitt as saying that "China will benefit from increased investment in its distribution infrastructure and enjoy a wider range of entertainment programming resulting from a more competitive and open marketplace." The Reuters article noted, however, that the ruling does not change the cap on the number of blockbuster foreign films allowed into China per year. China's Schedule of Specific Commitments to the GATS (available via the WTO Services Database) stipulates that 20 foreign films shall be imported annually on a revenue-sharing basis, and this measure was not at issue in the dispute. Chinese Ministry of Commerce spokesman Yao Jian said at a press conference on August 17 that it was "inappropriate" for the Panel not to reject the U.S. complaint and that China had "not eliminated the possibility of appealing," according to a Xinhua article (in Chinese) of the same date. China filed a notification of an appeal on September 23, 2009. The United States filed a notification of an appeal on October 6, 2009. Both China and the United States appealed aspects of the Panel's findings, and the WTO Appellate Body circulated its report to the public on December 21, 2009. As reported in China Trade Extra (subscription required), the Appellate Body upheld the Panel's conclusions in most respects, concluding that China's import and censorship system is not consistent with China's WTO commitments. Further, the Appellate Body did find that China had the right to use the exception for protection of public morals provided in Article XX(a) of the GATT, but that the measures at issue in this case did not qualify. The Dispute Settlement Body adopted the report of the Appellate Body on January 19, 2010. Although there are few details as to how China will comply with the WTO decision, according to an article in the December 22, 2009, Reuters, "China is expected to set up a more formal import approval system for cultural products...."
Neither the Panel's ruling nor the report of the Appellate Body dealt with other barriers to market access, including intellectual property rights (IPR) violations. Non-Chinese producers of cultural products, including those which are able to export their products to China, face rampant IPR violations in China. This was the subject of a separate WTO challenge against China, on which the United States prevailed earlier this year. For more information on IPR in China, see Section III!Commercial Rule of Law!Intellectual Property in the Commission's 2008 and 2009 Annual Reports. Similarly, neither the Panel ruling nor the report of the Appellate Body affect the Chinese government's restrictions on political and religious content in publications and other media, nor do they affect the requirement that anyone wishing to publish a book, newspaper, or magazine in China obtain a license from the government, each of which violates international human rights standards for free expression. (See Section II!Freedom of Expression!Regulation and Censorship of the News Media and Publishing, in the Commission's 2009 Annual Report.)
| Source: -See Summary (2009-08-27 / English / Free) |
Posted on: 2010-02-05 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=129022 |
Beijing Court Sentences Liu Xiaobo to 11 Years
January 5, 2010
The Beijing No. 1 Intermediate People's Court sentenced prominent intellectual Liu Xiaobo on December 25, 2009, to 11 years in prison for "inciting subversion of state power," a crime under Article 105, Paragraph 2, of the Criminal Law. The court also sentenced Liu to two years' deprivation of political rights upon his release. Human Rights in China released an English translation of the court's verdict on December 30, 2009. The court cited essays Liu had written critical of the Communist Party and China's political system and his participation in Charter 08. The court highlighted Liu's use of the Internet, including his posting of essays online and his e-mailing of the charter and its signatures to overseas Web sites. Liu submitted his appeal of the decision to the Beijing High People's Court on December 29, according to a January 4, 2010, New York Times article.
Additional Commission Resources on Liu Xiaobo:
| Source: -See Summary (2010-01-05 ) |
Posted on: 2010-01-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=133838 |
The Trial of Liu Xiaobo - Joint Statement by CECC Chairman Byron Dorgan and Cochairman Sander Levin
December 23, 2009
Following the trial of Mr. Liu Xiaobo in Beijing on the morning of December 23, China once again is at an important crossroads, and seems to be turning in the wrong direction. We call on the Chinese government to release Mr. Liu, and to respect the rights of all Chinese citizens to peacefully express their political views and desires for universally-recognized fundamental freedoms.
Mr. Liu has been detained and tried for exercising internationally-recognized rights to free expression and association; his case should be dismissed, and he should be released. The trial of Mr. Liu demonstrates again the Chinese government¨s failure to uphold its international human rights obligations and also its failure to abide by procedural norms and safeguards that meet international standards. The apparent violations of Chinese legal protections for criminal defendants that have marred Mr. Liu¨s case from the outset are numerous and well-documented. Serious concerns have been raised over matters such as the failure of Chinese prosecutors to consult defense lawyers and the speed with which they acted in indicting Mr. Liu and bringing him to trial, effectively denying his lawyers sufficient time to review the state¨s evidence and to prepare for his defense. Mr. Liu¨s wife, Liu Xia, has been harassed relentlessly and prevented by officials from attending the trial, in which she reportedly had hoped to testify on behalf of her husband. Mr. Liu's lawyers reportedly have been ordered by state judicial authorities not to grant interviews.
All nations have the responsibility to ensure fairness and transparency in judicial proceedings. The effective implementation of basic human rights and the ability of all people in China to live under the rule of law depend on careful attention to, and transparent compliance with, procedural norms and safeguards that meet international standards. Instead of signaling its intent to uphold international standards, the Chinese government thus far in its treatment of Liu Xiaobo has demonstrated callous disregard for those standards.
All Chinese citizens deserve unconditional protection of their internationally-recognized rights to free expression and free association. Those in China, like Mr. Liu, who have penned thoughtful essays or signed Charter 08 seek to advance debate on ^national governance, citizens¨ rights, and social development ̄ consistent with their ^duty as responsible and constructive citizens. ̄ Their rights must be protected. As stated in this Commission¨s recently-released 2009 Annual Report, the development of a stable China firmly committed to the rule of law and citizens¨ fundamental rights is in the national interest of the United States. Those rights include the freedoms of speech, assembly, association and other rights protected under China¨s Constitution and laws or under China¨s international human rights obligations.
The verdict in Mr. Liu¨s case reportedly may be announced on December 25. We call on China¨s judiciary to signal genuine commitment to the rule of law and fundamental rights by dismissing the case against Liu Xiaobo, and in so doing to recognize the serious procedural flaws and substantive violations of his rights that have taken place. We call on Chinese officials to release Mr. Liu, and in so doing to demonstrate through action the Chinese government¨s commitment to developing the rule of law and to upholding international human rights standards.
Additional Commission Resources on Liu Xiaobo:
Contact for CECC Chairman Byron Dorgan: Charlotte Oldham-Moore 202-226-3798
Contact for CECC Cochairman Sander Levin: Doug Grob 202-226-3777
| Source: -See Summary (2009-12-23 ) |
Posted on: 2010-01-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=133614 |
Lead Poisoning in Children in Hunan Triggers Protests by Parents and Raises Questions About Governmental Accountability
January 6, 2010
The suspicion of lead poisoning in hundreds of children caused by industrial pollution prompted protests by parents in Hunan province in August 2009. The heavy metal pollution case raises questions about governmental accountability; the plant linked to the lead pollution did not have approval to operate from local environmental authorities. In addition, parents of ill children expressed reservations about the results of lead poisoning tests conducted locally, and also reported that some hospitals would not conduct the tests. The case also raises questions about freedom of expression; local officials reportedly intimidated and warned parents not to talk to the media.
Lead Poisoning in Children Triggers Protests by Parents
On August 8, 2009, approximately 1,000 residents in Wugang city, Hunan province blocked a street, overturned a car, and clashed with 200 officials and police officers during a protest against the Wugang Fine-Processed Manganese Smelting Plant, according to an August 20 New York Times article. The residents reportedly alleged the plant's pollution was linked to lead poisoning in as many as 1,354 children. As reported in an August 20 Xinhua article, when children became sick in July, parents suspected the pollution from the smelter. The plant reportedly had opened in May 2008 without the approval of environmental protection authorities and at least one resident reported smoke and dust pollution whenever the plant was in operation, according to Xinhua. The Hunan case follows another instance of lead poisoning in children in Shaanxi province, which involved hundreds of children. (See previous CECC analysis for more information on the Fengxiang county, Shaanxi province lead poisoning case). The Hunan, Shaanxi and other recently discovered cases of lead poisoning in children are part of a more widespread lead poisoning problem in China. For example, according to a September 4 Wall Street Journal article, the director of Yunnan province's lead prevention office for children, Liu Dakun, said that in Yunnan's mining areas, 50 to 60 percent of children under 14 years old are victims of lead poisoning.
Local Officials Investigate Protesters Alleged Links to Falun Gong
Officials reportedly detained 15 parents who participated in the August 8 protests in Wugang, Hunan province, according to a September 3 Guardian report citing an Associated Press story. Authorities reportedly "accused" the parents of being Falun Gong practitioners or being "influenced" by Falun Gong, a spiritual movement, banned by the Chinese government as being a "cult organization." A September 4 Global Times article reported that the chief of the Wugang Public Security Bureau (PSB) denied detaining parents, saying that "No parents were detained. There were indeed 15 people who participated in the protest and gave themselves up to the police after the protest. ...We just asked them to explain what happened that day and set them free." The same article noted that the chief of the PSB also stated that police were investigating the involvement of Falun Gong adherents in the August 8 protest.
Officials Response to Protests, Intimidate Citizens, and Restrict Free Expression; Some Hospitals Reportedly Refuse to Provide Tests
City officials allegedly suspended operations of the smelter on July 31 according to the August 20 Xinhua article. Residents reportedly protested three times before the local government issued the order to close down the smelter, according to a September 26 Financial Times article (registration required). The August 20 Xinhua article noted that local city officials ordered the immediate closure of the plant on August 13, after the large-scale protests of August 8 had taken place. According to an August 28 Xinhua article (via NetEase), the Hunan and Shaoyang city environmental protection bureaus determined that the manganese smelter was linked to the pollution causing the lead poisoning on August 11. According to the same article, officials detained two of the smelter's executives, and the plant's legal representative, who had fled, turned himself in on August 27.
Wugang officials stated they would provide testing for children affected by the heavy metal pollution, according to an August 18 Southern Metropolis Daily article. Nevertheless, one resident reported that there appeared to be a limited number of "permission slips" available that could be presented for free individual tests, according to an August 26 Radio Free Asia (RFA) article. In addition, residents apparently suspecting government influence over local hospitals, doubted the objectivity of tests conducted locally. Some reportedly took their children instead to a county in Guangxi province for testing, according to the Southern Metropolis Daily article. One resident reported that "...hospitals have been bribed by someone, so the parents never see the correct results," according to the RFA article. The RFA article noted that some residents reported hospitals would not test their children for elevated blood lead levels. One resident who traveled to southern Guangxi province to obtain a test for her two-year-old reported being turned away after revealing she was from Wugang, according to the RFA article. "They knew about the lead poisoning cases in Wugang and they asked if I was from there," RFA reported her as saying.
In late September, officials reportedly said that the soil and water were safe and "declared the problem solved," according to the Financial Times article. The same article reported that hospitals treated 17 children and then released them. Despite the August 11 finding by the Hunan and Shaoyang city environmental protection officials that the manganese smelter was linked to the pollution causing the lead poisoning, Wugang officials reportedly told the Financial Times that children were not showing symptoms of serious industrial lead poisoning. Officials instead assigned blame for the children's high blood lead levels on gasoline residue or pencil lead. One official said that the fevers experienced by children who were treated at a hospital in Changsha were not related to lead; "[m]aybe it's H1N1 [swine flu] from England."
Furthermore, some villagers recounted official intimidation to keep silent about the lead poisoning, according to a September 2 CNN article. A government notice explaining a compensation scheme reportedly cautioned villagers not to "spread rumors" or cause trouble. Parents said hospital officials requested they sign forms agreeing not to discuss the blood poisoning incident with reporters. In addition, a CNN journalist reported being followed while investigating the story.
For more information on government accountability and environmental protection, see Section II!Climate Change and Environment (p. 190) of the CECC 2009 Annual Report.
| Source: -See Summary (2009-12-30 / English / Free) |
Posted on: 2010-01-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=133403 |
Prosecutors Indict Liu Xiaobo; Trial To Take Place December 23
December 22, 2009
Prosecutors indicted prominent intellectual Liu Xiaobo on December 10, 2009, and a Beijing court will hold his trial on December 23. Charged with the crime of "inciting subversion," Liu faces up to 15 years in prison for essays he wrote critical of the Chinese government and political system and for participating in Charter 08. Liu's case has been marred from the beginning by apparent violations of Chinese legal protections for criminal suspects. Both the United States and European Union recently called for Liu's release.
The Beijing No. 1 Intermediate People's Court will conduct the trial of prominent intellectual Liu Xiaobo on December 23, 2009, according to a December 21 Chinese Human Rights Defenders (CHRD) article. Prosecutors indicted Liu on December 10, according to a December 11 Radio Free Asia (RFA) article. Mo Shaoping, a defense lawyer whose law firm is handling Liu's case, told RFA that the prosecution's indictment alleges that Liu drafted and organized Charter 08, a document originally signed by more than 300 Chinese citizens and which calls for political reform and greater protection of human rights in China. Liu was taken into custody on December 8, 2008, a day before the charter was released. The charter was posted on the Internet and additional persons have signed the document via e-mail. CHRD reported on December 10 that about 80 percent of the charter's more than 10,000 signers live in mainland China. Authorities have harassed signatories and censored the charter from the Internet. Mo said that the indictment also cites six essays written by Liu from 2005 onward that were posted on overseas Web sites including "Guancha" (Observerchina.net) and the British Broadcasting Corporation. Based on the titles of the essays as reported by RFA, Commission staff located copies of the essays on the Internet: - "The Chinese Communist Party's Dictatorial Patriotism" (October 3, 2005, posted on Epoch Times' Web site) - Liu argues that the source of a nation's sovereignty is its people and that the government and ruling party are servants of the nation. Therefore, Liu argues, in order for a government to be truly patriotic, it must respect its people and their right to peacefully criticize and oppose their government. Dictatorships, however, according to Liu, pay lip service to patriotism but do not respect or love the main component of a nation—its people.
- "Can It Be That the Chinese People Are Only Suited To Accepting 'Party-ruled Democracy'?" (January 6, 2006, posted on Observechina.net) - Liu critiques the 2005 government white paper Building of Political Democracy in China (via Xinhua) and criticizes its claim that it places authority in the people; instead Liu coins the term "party-ruled democracy" to describe the Chinese Communist Party's dictatorship and approach toward democracy. Liu also discusses recent history including the Chinese government's violent suppression of the 1989 Tiananmen protests.
- "Changing State Power Through Changing Society" (February 26, 2006, posted on Observechina.net) - Liu discusses how societal changes in the post-Mao era in the relationship between citizens and the state has improved prospects for political reform and urges a gradual, non-violent approach in the pursuit of a liberal democracy.
- "The Multi-faceted Dictatorship of the Chinese Communist Party" (March 13, 2006, originally on Observechina.net, posted on Epoch Times' Web site) - Liu discusses how the Communist Party has maintained political control, despite the sudden decline in the popularity of the Party's ideology after the events of June 1989, by appealing to the economic self-interests of elites, business people, and officials and entangling them in corruption, bribery, and tax evasion which "autocrats" can use to punish them at any time.
- "The Negative Effects of the Rise of the Chinese Communist Party on Democratization in the World" (May 6, 2006, posted on Epoch Times' Web site) - Liu calls the Chinese Communist Party one of the largest obstacles to democratization around the world for, among other things, using the prospect of energy cooperation to build closer relations with Iran and other countries that oppose the United States and the West, using "dollar diplomacy" to extract political concessions from free countries in Europe, and pressuring American companies to restrict freedom of expression to gain access to the Chinese market.
- "Continuing Questions with Regard to the Black Kiln Child Slave Incident" (July 16, 2007, posted on Human Rights in China's Web site) - Liu questions the official handling of a 2007 scandal in which children were sold to work in brick kilns in Shanxi province, calling officials "cold-blooded and brazen."
None of the language in the essays advocates violence and, as indicated above, one essay specifically calls for non-violence. In China, citizens who peacefully criticize the Chinese government and political system and disseminate such views over the Internet can face imprisonment for inciting subversion, a crime under Article 105, Paragraph 2, of the Criminal Law. Courts typically acknowledge, but give little or no protection to, the right to freedom of speech found in Article 35 of China's Constitution. Such government restriction on freedom of expression violates international human rights standards. (See Section II—Freedom of Expression (p. 46–47) in the CECC 2009 Annual Report.)
One of Liu's defense lawyers said that prosecutors acted unusually fast in indicting Liu, and Mo Shaoping said prosecutors violated Chinese law by not seeking the opinion of defense lawyers before indicting. Shang Baojun told RFA that prosecutors indicted Liu on December 10, only two days after informing the defense that they had begun reviewing the case for prosecution. Mo told RFA that, under Chinese law, in order to ensure that defense lawyers carry out their legal professional duties during the criminal process, the prosecution must solicit the opinion of defense lawyers during their review to decide whether to indict. Article 139 of the Criminal Procedure Law provides that "[w]hen examining a case, the People's Procuratorate shall interrogate the criminal suspect and heed the opinions of the victim and of the persons entrusted by the criminal suspect and the victim." The failure of the prosecutors to consult defense lawyers is the latest in a string of violations of legal protections for criminal suspects that have marred Liu's case from the beginning. Liu was taken into custody on December 8, 2008, and placed under residential surveillance. But instead of confining Liu to his home in Beijing, as required by Chinese law, officials kept Liu at an undisclosed location in Beijing. Officials also limited Liu's access to his lawyer, despite provisions under Chinese law that give a person under residential surveillance the right to meet with his lawyer without permission. Officials kept Liu under residential surveillance beyond the six-month legal limit and did not formally arrest him until June 23, 2009.
Liu's defense lawyers also requested postponement of the trial, concerned that there was too little time to review the voluminous case file and prepare their defense, according to the December 21 CHRD report. The court rejected this request. CHRD also reported that officials denied Liu's wife a permit to attend the trial because she was listed as a prosecution "witness." CHRD said that officials had warned numerous Chinese activists and supporters of Liu not to express support for Liu on the Internet or attempt to attend the trial.
Following news of Liu's indictment, both the United States and European Union called for Liu's release, a move China rejected. On December 14, U.S. State Department spokesman Ian Kelly urged the Chinese government to "release Liu Xiaobo immediately and to respect the rights of all Chinese citizens who peacefully express their desire for internationally recognized freedoms, including the right to petition one¨s government," according to the State Department's Web site. In a December 14 declaration, the European Union called on the Chinese government "to unconditionally release Mr. Liu Xiaobo and to end the harassment and detention of other signatories of Charter 08." On December 15, Chinese Ministry of Foreign Affairs spokeswoman Jiang Yu said "these accusations are unacceptable. China is a country of rule of law. The fundamental rights of Chinese citizens are guaranteed by the law," according to a December 15 Reuters article.
Additional Commission Resources on Liu Xiaobo:
| Source: -See Summary (2009-12-22 / English / Free) |
Posted on: 2010-01-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=133497 |
Authorities Sentence Rights Activist Huang Qi to Three Years in Prison
December 18, 2009
In late November 2009, a court in Chengdu city, Sichuan province, sentenced rights activist Huang Qi to three years in prison for illegal possession of state secrets. Huang had used his Web site to advocate on behalf of parents who lost children in school collapses during the May 2008 Sichuan earthquake.
The Wuhou District People's Court in Chengdu city, Sichuan province, sentenced rights activist Huang Qi on November 23, 2009, to three years in prison for illegal possession of state secrets, according to a New York Times (NYT) article of the same date. Authorities detained Huang in June 2008 after he used his human rights Web site to advocate for parents who lost children in school collapses during the May 2008 Sichuan earthquake. Boxun, a U.S.-based Chinese news Web site, posted a copy of the court's judgment on December 1. The court gave Huang the maximum sentence for violating Article 182, Paragraph 2, of the Criminal Law. The judgment said the "confidential" documents Huang was found to have possessed were two city-level documents and a document from the Central Political-Legal Committee of the Communist Party. One of Huang's lawyers said the documents were publicly available and that the charges were fabricated.
Background
Huang's detention in June 2008 came as Huang was using his Web site, Tianwang Human Rights Center (64Tianwang), to raise awareness about parent demands following the May 2008 Sichuan earthquake. According to NYT, Huang had posted an article about five grieving parents who were seeking compensation for their children's deaths in the collapse of a middle school in Hanwang township, Sichuan province. The article also noted that the parents wanted officials to investigate the school's construction. A July 21, 2008, Reporters Without Borders article said that Huang posted articles on his site "criticising the way the relief was being organized." Following the earthquake, which officially left 68,712 dead, including 5,335 schoolchildren, and 17,921 missing, parents of the children grew frustrated with officials' unwillingness to investigate fully the role that shoddy construction and corruption may have played in the school collapses, many of which occurred while other nearby buildings remained standing. Officials responded by forcefully breaking up protests, offering parents money in exchange for silence, ordering some parents to serve reeducation through labor, refusing to hear lawsuits filed by parents, and preventing parents from traveling to Beijing to petition the central government (see previous CECC analysis). In a November 23, 2009, report, the human rights organization Chinese Human Rights Defenders said it believed that Huang's imprisonment also was related to interviews he gave to foreign reporters about protests by the parents.
"State Secrets" in Question
The court's judgment said police discovered in September 2007 that two "confidential documents" ("jimi wenjian") from a city in Jiangsu province had been posted on Huang's Web site. Police later searched Huang's home and found a portable hard drive that contained both of the city documents as well as a document marked "confidential" ("jimi") from the Central Political-Legal Committee of the Communist Party. The Washington Post reported on November 23 that both Huang's wife and one of his lawyers called the charges a fabrication. The lawyer, well-known defense attorney Mo Shaoping, described the documents as rules for government agencies on dealing with citizen petitions and said they were available to the public because newspapers had published them and they were easily accessible on the Internet. The Chinese government has considerable discretion to declare almost any matter of public concern a "state secret." In recent months the government has considered revising the State Secrets Law and Chinese media have urged the government to narrow the scope of its power in this area. A June 23, 2009, China Daily editorial said "[t]he 1989 State Secrets Law is obsolete and deserves to be transformed. It is a one-sided legislation under which citizens have only obligations. In theory, government institutions, should they choose to do so, have the authority to label everything as State secrets. And, citizens, once prosecuted on the ground of violating State secrets, can expect no legal relief."
Court Refuses To Provide Copy of Judgment to Huang's Family; Obstructs Appeal
Human Rights in China (HRIC) reported that court officials made it difficult for Huang's family and lawyers to obtain a copy of the court's judgment and for Huang to file his appeal. HRIC reported on November 25 that Huang's lawyers sent a letter to the court requesting that the court mail them a copy of the judgment. The court had refused to do so and told the lawyers they had to pick up a copy in person, which would require the lawyers to travel from Beijing at great expense. HRIC reported on December 1, that the presiding judge "berated" Huang's mother and refused to give her and Huang's wife, Zeng Li, a copy of the verdict on November 23. On December 1, one of Huang's lawyers was able to obtain a copy of the verdict in person from the court, but family members were still refused a copy. As noted in a letter from Huang's lawyers to the court (posted by HRIC), Article 182 of the Supreme People's Court Interpretation of Questions Regarding Implementation of China's Criminal Procedure Law requires that once a judgment has been announced, a copy shall be immediately delivered to the defendant's lawyers and family, among other parties. HRIC also reported on December 1 that authorities were obstructing Huang's attempts to file an appeal. The report, citing Zeng Li, said officials were refusing to allow Huang to mail out his appeal or to allow one of Huang's lawyers to carry the appeal out of the Chengdu Detention Center during a visit with Huang. One of Huang's lawyers, Ding Xikui, reportedly relayed these difficulties to the court, noting that the 10-day period to file an appeal was about to expire in two days. Article 180 of the Criminal Procedure Law provides that a "defendent shall not be deprived on any pretext of his right to appeal." Radio Free Asia reported on December 4, that Huang's appeal apparently had been delivered to the court, but that Zeng Li had not received any confirmation from the court. The report said Zeng and Ding Xikui were having difficulty making phone contact with anyone at the court. Ming Pao reported on December 2 (via Sina.com.hk) that Zeng also had requested that authorities release Huang on bail for medical treatment. Huang reportedly suffers from two tumors in his abdomen, hepatitis B, an irregular heartbeat, and two lumps in his left breast.
The maximum sentence for violating Article 282, Paragraph 2, of the Criminal Law for "illegally possessing" state secrets is three years. In handing down the maximum sentence in Huang's case, the court cited the legal provision providing for a heavier sentence in cases where the person has committed a crime punishable by fixed-term imprisonment within five years of completing his sentence for another crime punishable by fixed-term imprisonment (as provided for in Article 65 of the Criminal Law, one of the provisions governing "recidivists"). Huang previously served a five-year sentence from 2000 to 2005 for "inciting subversion of state power." The court in that case cited articles Huang posted on his Web site, Tianwang Human Rights Center, dealing with topics such as "democracy," "June 4," and "Falun Gong."
For more information about official efforts to suppress public criticism of the collapse of schools and schoolchildren deaths following the May 2008 Sichuan earthquake, see p. 47 in Section II—Freedom of Expression in the CECC 2009 Annual Report, as well as a previous analysis on Huang's August 5 trial and the trial of another earthquake activist, Tan Zuoren, who called for an independent investigation into the school collapses and was charged with inciting subversion.
| Source: -See Summary (2009-12-17 / English / Free) |
Posted on: 2010-01-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=133274 |
Ministry of Health Ranks HIV/AIDS Deadliest Infectious Disease in China, Government Harassment of Advocates Continues
December 18, 2009
December 1, 2009, marked the 22nd annual World AIDS Day. HIV/AIDS was first officially reported in China in 1985, but reached epidemic proportions in rural areas in the early to mid-1990s due in part to tainted blood transfusions conducted at makeshift blood and plasma donation stations set up by enterprising businessmen and government officials. Medical procedures in these facilities reportedly were deficient: needles and tubes reportedly were reused, blood from multiple donors was mixed, and once plasma had been removed, re-injected into donors of the same blood type. Such practices reportedly resulted in the spread of blood-borne diseases including HIV. HIV/AIDS continues to spread throughout China today through a variety of channels. Many who provide assistance to or who advocate on behalf of people living with HIV/AIDS in China face government pressure, including harassment and other forms of abuse, as detailed below.
Current statistics
In February 2009, the Ministry of Health (MOH) announced that HIV/AIDS had become the deadliest infectious disease in China. The MOH and UNAIDS estimate the number of people living with HIV in China to be between 560,000 and 920,000, and the number of people living with AIDS to be between 97,000 and 112,000, according to a November 24 MOH report. These estimates far exceed actual statistics cited in the same report. UNAIDS reported in November that "it is estimated that fewer than one in three people living with HIV in China have been diagnosed." While problems surrounding diagnosis!including general social stigma, fear, and discrimination!discourage individuals from getting tested (see UNAIDS China Stigma Index) and may obstruct statistical accuracy, "under-reporting" of cases in China also is a major problem, according to a February 28 article in the international medical journal, The Lancet.
Transmission of HIV/AIDS in China
HIV/AIDS is spreading today in all of China's 31 provincial-level jurisdictions through a variety of channels, according to international AIDS charity AVERT's Web site. Dr. Gao Yaojie, Chinese gynecologist and whistleblower of the 1990s HIV/AIDS epidemic in rural China, suggested in her written statement for a December 3, 2009, Commission roundtable that "rampant" underground "blood trading" may be the main avenue of HIV/AIDS transmission in China. This mode of transmission, however, is not mentioned in the UNAIDS November AIDS Epidemic Update. The report instead charges that "heterosexual transmission has become the predominant mode of HIV transmission," and that a low rate of condom usage in the sex industry plays a key role in HIV/AIDS transmission in the region. According to the report, "In China, 60% of female sex workers do not consistently use condoms with their clients." Other key modes of transmission mentioned in the report include needle-sharing among intravenous drug users, unprotected sex between men who have sex with men (MSM), unsafe practices in the migrant worker population, and mother-to-child transmission. According to a May 1 address by Joanne Csete, Director of the HIV/AIDS and Human Rights Program at Human Rights Watch, government harassment of potential HIV/AIDS advocates makes it difficult to obtain an accurate picture of the epidemic in China. Csete remarked that "the government consistently has sought to suppress the history of massive HIV infection through state-run blood plasma collections, of which we are likely never to know the true scale and the true cost in lives. This history has made HIV even more taboo in public discourse, as though sex and drugs didn't make it taboo enough."
Government Response to Civil Society Action
While non-governmental organizations and individual activists play an important role in HIV/AIDS education, prevention, and treatment in China, official treatment of them often is harsh and repressive. According to the Commission's 2009 Annual Report (p.203), the Chinese government continues to exert control over advocates' right to associate with strict requirements that limit organizations' ability to legally function independently from the government. Individual HIV/AIDS activists also continue to face serious obstacles in their work, including arbitrary detention, harassment, surveillance, intimidation, restrictions on travel, and other violations of their fundamental human rights. Examples of HIV/AIDS activists who have been subjected to such government pressure in the past year include:
- In February 2009, authorities attempted to prevent Dr. Gao Yaojie from meeting with U.S. Secretary of State Hillary Clinton, according to Dr. Gao's written statement for a December 3 Commission roundtable. Authorities cut her telephone line in May following news that she was to receive a French human rights award for women, according to a November 29 ChinaAid statement. Dr. Gao left China for the United States in August, hoping to find a "peaceful environment" in which to finish her three books and reveal "the truth about the AIDS epidemic in China," according to the statement.
- On August 4, Asia Catalyst reported that Chinese police seized the passport of an unnamed Chinese AIDS advocate and prevented him from leaving the country to attend the International Conference on AIDS in Asia and the Pacific, to which he was invited by UNAIDS. According to the report, he was warned that if he spoke to the media and international organizations, he would "face the same fate as Hu Jia."
- HIV/AIDS advocate Hu Jia continues to serve a three-and-a-half year prison sentence for "inciting subversion of state power." He is expected to be released on December 17, 2011. On November 17, 2009, Hu's wife Zeng Jinyan reported on her blog that she and her daughter were still under "soft detention" in their home, and were being monitored by seven or eight domestic security protection officials sitting outside the building.
- On December 2, Chinese Human Rights Defenders reported that Beijing authorities detained Henan activist Tian Xi, who reportedly was infected with HIV in 1996 through a hospital blood transfusion, after he unfurled a banner outside of the Ministry of Health on November 19. Officials then forcibly returned him to his home in Gulu township, Xincai county, Henan province, where he remains under 24-hour surveillance, according to the report.
For additional information on the spread of HIV/AIDS in China and government pressure on advocates, see Section II!Public Health in the Commission's 2009 Annual Report.
| Source: -See Summary (2009-12-11 / English) |
Posted on: 2010-01-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=133285 |
Authorities Begin New Incentive Initiative To Continue Population Control in Xinjiang
December 11, 2009
The central government has launched a series of initiatives in the far-western region of Xinjiang to strengthen the region's population control work, including through monetary rewards to residents in designated areas who have fewer births than allowed under the region's population planning requirements. The reward program, started in fall 2009 and mainly directed at ethnic minorities, is part of broader efforts throughout China to control population growth using both punitive measures and incentives to promote compliance. Citizens who expose abuses in official implementation of population planning policies have faced repercussions including harassment and detention, as a recent case from Xinjiang illustrates.
New Initiative in Xinjiang Rewards Fewer Births, Focuses on Ethnic Minorities
The central government has launched a series of initiatives in the Xinjiang Uyghur Autonomous Region (XUAR) to strengthen the region's population control work, including through monetary incentives for families who have fewer children than allowed under the region's population planning requirements, according to Chinese government and media reports. On October 31, the National Population and Family Planning Commission (NPFPC) signed an agreement with the XUAR government to launch the initiatives, including "special rewards" (teshu jiangli) for families in 26 poor and border counties who have fewer children, according to a November 6 report from the NPFPC (via the State Ethnic Affairs Commission Web site). According to a November 2 Xinhua article, the new reward policy mainly targets rural ethnic minority households who already have two children and have "been certified" (lingzheng) as voluntarily forgoing a third birth [shengyu liang tai hou zhudong fanqi di san tai]. Under Article 15 of the XUAR's Regulation on Population and Family Planning, rural ethnic minority families are permitted to have a maximum of three children. The Xinhua report does not indicate how households prove that they will not have a third child. Some local governments elsewhere in China have launched incentive programs that reward couples who voluntarily undergo sterilization or abortion procedures, and policies launched in previous years also have rewarded certain couples beyond childbearing age (see below). The families in the XUAR who forgo a third birth will receive 3,000 yuan (US$439) as a one-time payment, and each member of the couple will receive an annual payment of 720 yuan (US$105) starting the following year. Under the latest initiatives, authorities also will continue a reward policy already in place in three southern XUAR districts (see a February 3 Xinhua report for more details), provide services including free prenatal health screenings for "better births" in the southern XUAR, and arrange yearly technology training and training for grassroots cadres, according to the NPFPC article. Authorities also will continue "preferential policies" in the Xinjiang Production and Construction Corps (XPCC or bingtuan), an apparent reference to policies there that also reward fewer births. (See, e.g., a May 4 Bingtuan News Net article describing a preferential policy to reward households with one child.)
The recent initiatives build on previous efforts in the XUAR to control population growth by targeting communities designated as ethnic minorities and by focusing on programs that reward fewer births. As noted in the Congressional-Executive Commission on China 2009 Annual Report, earlier in 2009, authorities stressed strengthening population planning in southern XUAR, which is a predominantly non-Han area, and central and XUAR authorities pledged to increase investment in 2009 to meet the population control targets mandated by the central government. In 2008, the government reported that the XUAR had achieved 65,000 fewer births in 2007 under policies of providing rewards to families who had fewer children than legally permitted, as reported in the CECC 2008 Annual Report. A 2006 Xinhua article reported that the XUAR's population planning policy had taken the "first steps" in moving from "emphasis on punishing multiple births" to "emphasis on encouraging and rewarding fewer births." Since first beginning reward policies in the XUAR in 2006, the number of "certified families" who have given birth to fewer children has increased, according to the November 2 Xinhua report, including 109,000 households in the first nine months of 2009. In the XUAR and throughout China, however, authorities continue to enforce regulations that punish non-compliance with population planning requirements at the same they implement systems to reward fewer births. See below and see Section II—Population Planning in the CECC 2009 Annual Report for additional information.
Citizens Who Expose Abuses Face Repercussions, Uyghur Man Detained
Citizens who expose abuses in official implementation of population planning policies have faced repercussions including harassment and detention, as a recent case from the XUAR illustrates. On July 2, authorities in Yining (Ghulja), Ili Kazakh Autonomous Prefecture, within the XUAR, detained Tursunjan Hesen, a 67-year-old Uyghur man, for reportedly revealing state secrets and endangering state security, according to a village head and neighbor cited in an October 30 Radio Free Asia article. Tursunjan Hesen had given interviews to overseas media about a case involving his daughter, Arzigul Tursun, according to the article. In 2008, authorities had planned to subject her to a forced abortion while she was six months pregnant with her third child, but canceled the plans following international advocacy on her behalf. An official had said Arzigul Tursun "should undergo an abortion" because she violated population planning requirements by becoming pregnant with a third child. As noted, rural ethnic minority couples may give birth to three children, but under the XUAR Regulation on Population and Family Planning, urban ethnic minority couples are permitted to give birth to two children, and where one member of the couple is an urban resident—as was the case in Arzigul Tursun's marriage—urban birth limits apply. The official's statement calling for an abortion, however, has no basis under XUAR population planning regulations. Although those in violation of the policy are required to pay "social compensation fees," there is no stipulation that pregnancies must be terminated if the fee cannot be paid. Both national law and XUAR legal regulations provide sanctions for government officials who infringe on citizens' rights or abuse their power in carrying out population planning requirements, but it is unclear if local authorities faced penalties for their plans to subject Arzigul Tursun to a forced abortion.
Xinjiang Initiative Part of Population Planning Controls Throughout China
Central and local authorities throughout China continue to strictly control the reproductive lives of women in China through an all-encompassing system of family planning regulations in which the state is directly involved in the reproductive decisions of its citizens. As noted in Section II—Population Planning in the CECC 2009 and 2008 Annual Reports, violators of population planning policy are routinely punished with fines, and in some cases, subject to forced sterilization, forced abortion, arbitrary detention, and torture. In addition to punishing non-compliance with population planning requirements, some local governments offer monetary incentives and other benefits to couples who voluntarily undergo sterilization or abortion procedures. Authorities also have provided financial rewards under other circumstances (see, e.g., the CECC 2005 Annual Report and a previous CECC analysis). The utilization of financial incentives reflects an emerging national pattern, but thus far incentives for compliance have only been implemented in addition to, rather than in place of, longstanding coercive measures. Additionally, many provinces connect job promotion with an official's ability to meet or exceed population planning targets, thus providing a powerful incentive for officials to use coercive measures in order to meet population goals.
Population Planning Policy Violates International Standards
China¨s population planning policies in both their nature and implementation violate international human rights standards, as described in the 2009 Annual Report. Although implementation tends to vary across localities, the government¨s population planning law and regulations contravene international human rights standards by limiting the number of children that women may bear and by coercing compliance with population targets through heavy fines. For example, the PRC Population and Family Planning Law is not consistent with the standards set by the 1995 Beijing Declaration and the 1994 Programme of Action of the Cairo International Conference on Population and Development. Controls imposed on Chinese women and their families and additional abuses engendered by the system, from forced abortion to discriminatory policies against "out-of-plan" children whose births were not authorized, also violate standards in the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Rights of the Child, and the International Covenant on Economic, Social and Cultural Rights, all of which the Chinese government has ratified.
For more information on conditions in the XUAR and on population planning policy, see Section II—Population Planning and Section IV—Xinjiang, in the CECC 2009 Annual Report.
| Source: -See Summary (2009-12-07 ) |
Posted on: 2010-01-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=132951 |
New Regulation in Xinjiang Appears To Expand Controls Over Children's Religious Freedom (Includes Update)
December 11, 2009
A new regulation on the protection of minors, adopted by the Xinjiang government and effective December 1, 2009, appears to expand formal legal controls over children's freedom of religion and parents' right to impart religious teachings. The regulation reportedly addresses the "negative impact" various religious activities have on minors. While the full text of the regulation is unavailable, an earlier draft version of the regulation expanded upon restrictions in force in Xinjiang that already prohibited parents or guardians from letting children engage in religious activities, adding more specificity to earlier restrictions and stipulating obligations for government offices and other entities to intervene in certain cases. The prohibition, unseen elsewhere in China, appears to have no basis in Chinese law and also contravenes international protections for freedom of religion. [See the end of this analysis for an update based on a copy of the regulation made available on December 25.]
A new regulation that took effect in the Xinjiang Uyghur Autonomous Region (XUAR) on December 1, 2009, includes provisions addressing the "negative impact" various religious activities have on minors, according to a November 19 Xinhua report. Although the full text of the XUAR Regulation on the Protection of Minors appears to be unavailable on the Internet and in legal databases, if the final version retains provisions included in the draft regulation considered for deliberation in June, it will expand existing legal controls over children's right to freedom of religion in the XUAR and parents' right to impart religious teachings. The June draft reportedly retains an earlier restriction in force in the XUAR (see below for discussion) stating that parents or guardians "may not permit minors to be engaged in religious activities." The draft also states that "no organization or individual may lure or force minors to participate in religious activities or use religion to obstruct minors' compulsory education," adding "lure" to a similar provision already in force. In addition, the draft states that where minors are "lured" or "forced" into such activities, they "can ask for protection from schools, neighborhood committees, village committees, offices for the protection of minors, or public security organs," and such "organizations or work units receiving requests for help must take measures in a timely manner and not refuse or shift responsibility." According to a June 8 report from Legal Daily (via the Ministry of Commerce's China Market Order Net) on the June draft, the provisions "are directed at the phenomenon in some places in Xinjiang of parents or other guardians forcing minors to believe in a religion or participate in religious activities." The Xinhua article reported that the legislative process included 10 drafts of the regulation but did not specify if any revisions were made to the version considered in June. Recent work on the regulation dates to early 2008, and the drafting process included three study trips inside and outside the XUAR, four sessions to solicit input from each district and municipality, two scholarly forums, and survey work, according to the article.
The new stipulations would add to a restriction previously in force in Article 14 of the XUAR's 1993 Implementing Measures for the Law on the Protection of Minors that prohibited parents or guardians from "permitting minors to be engaged in religious activities," which alone appeared to amount to a total ban on children's religious activities. Article 30 also stated that "no organization or individual may force minors to participate in religious activities" or "use religion to obstruct minors' compulsory education." As noted in an earlier CECC analysis, the earlier prohibition in Article 14 barring parents from permitting children to engage in religious activities was unseen among other regulations in China and appeared to have no basis in national Chinese law. The PRC Law on the Protection of Minors is silent on the matter of religion, and the national Regulation on Religious Affairs is silent on the issue of children's freedom of religion and parents' right to impart religious teachings to their children.
The legal restrictions in the XUAR also contravene international human rights protections for freedom of religion. Article 18 of both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR), which China has signed and pledged to ratify, provide that everyone has the right to freedom of religion. The ICCPR also stipulates "the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions." Under the ICCPR, freedom of religion "may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others," and General Comment Number 22(8) to this article of the ICCPR notes that "the liberty of parents and guardians to ensure religious and moral education cannot be restricted." Article 14 of the Convention on the Rights of the Child, which China has ratified, specifies that "States Parties shall respect the right of the child to freedom of thought, conscience and religion." In addition, "States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child."
The formal legal restrictions, combined with policy directives and the individual interpretations of implementing officials, have translated into harsh controls in practice over children's freedom of religion. See previous Commission analyses (1, 2) for additional information. Authorities identify "illegal religious activities" and "religious extremism" as threats to the region's security and target religion in broader security measures and anti-separatism campaigns. In past years, XUAR media and local government Web sites provided detailed information on implementation of legal measures and policies on religion, including measures affecting children. Such information has been limited this year as Web sites from the XUAR have remained inaccessible to users outside the region since July. For more information on conditions in the XUAR, see Section II!Freedom of Religion!Islam and Section IV!Xinjiang in the CECC 2009 Annual Report.
UPDATE, January 7, 2010:
On December 25, the Legislative Affairs Office of the State Council posted the full text of the XUAR Regulation on the Protection of Minors on its Web site (available via the CECC). The text differs from the reported version of the June draft in that it excludes the previous provision stating that parents or guardians "may not permit minors to be engaged in religious activities." The regulation retains, however, other language from the earlier draft that leaves wide latitude in restricting children's religious activities. It also includes obligations for government offices and other entities to intervene in certain cases.- Article 34 includes language similar to that reported in the June draft, stating that "no organization or individual may lure or force minors to participate in religious activities" and that they "may not use religion to carry out activities to obstruct compulsory education." The regulation lacks criteria for determining what acts constitutes "luring" or "force," leaving latitude to interpret the terms in a manner that conflicts with "the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions," as defined in the ICCPR.
- Article 48 also contains language similar to that in the June draft, stating that where minors are "lured" or "forced" into such activities, they "can ask for protection from schools, neighborhood committees, village committees, offices for the protection of minors, or public security organs," and such "organizations or work units receiving requests for help must take measures in a timely manner and not refuse or shift responsibility."
- Article 53 contains the regulation's final mention of religion. It stipulates that where "any organization or individual lures or forces a minor to participate in religious activities" in violation of Article 34, the controlling agency will give "criticism and education" and "order the situation to be amended." In addition, public security organs will give administrative punishment "in accordance with law" in cases of violations of the Public Security Administration Punishment Law, which includes the possibility of short-term detention. The 1993 XUAR Implementing Measures for the Law on the Protection of Minors did not specify penalties for violations of its religion-related provisions.
| Source: -See Summary (2009-11-27 ) |
Posted on: 2010-01-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=132578 |
Human Rights Day 2009 - Joint Statement by Chairman Byron Dorgan and Cochairman Sander Levin
December 9, 2009
Last year, on the eve of Human Rights Day, which is observed each year on December 10th, 303 Chinese citizens!including scholars, writers, lawyers, and activists!issued on the Internet Charter 08, a document calling for political reform and greater protection of human rights in China. Liu Xiaobo, a prominent intellectual and dissident who signed Charter 08, was detained the night before the document was released. In June 2009, authorities formally arrested Liu for "inciting subversion." Earlier this month, the police forwarded the case to prosecutors, almost a year after he was taken into custody. Many of the other original signers of Charter 08 (which has since garnered over 10,000 signatures within and outside China) have been subjected to harassment, surveillance, and unlawful house arrest. Chinese authorities have blocked Charter 08, and any reference to it, on the Internet.
Human Rights Day commemorates the anniversary of the United Nations General Assembly's adoption of the Universal Declaration of Human Rights (UDHR) in 1948. China voted to adopt the UDHR in 1948, and the current Chinese government has committed itself to protecting the fundamental human rights that are enshrined in the UDHR through international agreements and its own domestic law. In April 2009, the Chinese government reaffirmed this commitment in its first-ever National Human Rights Action Plan.
As detailed in this Commission's 2009 Annual Report, there were many setbacks for rule of law and human rights in China during this past year. In addition to the crackdown on Charter 08 signers, the persecution of human rights lawyers, including Jiang Tianyong and others, reached an unprecedented level; authorities have revoked or suspended the licenses of numerous human rights lawyers and many face ongoing persecution and harassment. Ten months after his disappearance, lawyer Gao Zhisheng remains missing. Petitioners continue to be detained and abused in illegal "black jails." The trials of people!mostly Uyghurs!charged with crimes committed during unrest in Xinjiang in July have been marked by violations of international standards for due process including judges selected for "political reliability" and curbs on defendants' right to independent counsel. The Chinese government continues to suppress civil society initiatives and freedom of expression. For their efforts to advocate peacefully for parents of schoolchildren killed in the May 2008 Sichuan earthquake, authorities put Huang Qi and Tan Zuoren on trial for endangering national security; Huang Qi recently was convicted and sentenced to a prison term of three years for "illegal possession of state secrets." The cases of over 1,200 of the many political and religious prisoners who are being held in China's jails and prisons today are documented in the Commission's publicly accessible Political Prisoner Database.
On Human Rights Day 2009, this Commission calls on the Chinese government to cease the harassment, control, and arbitrary detention of Chinese citizens who engage in peaceful advocacy for their rights under the Universal Declaration of Human Rights, other international human rights instruments, and China's own Constitution and laws.
Human Rights Day 2008
| Source: -See Summary (2009-12-09 ) |
Posted on: 2009-12-10 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=133153 |
Beijing Police Transfer Liu Xiaobo's Case to Prosecutors
December 9, 2009
In early December 2009, Beijing police transferred the case of prominent intellectual Liu Xiaobo to prosecutors, who will now decide whether to take the case to trial. Liu has been charged with inciting subversion for essays he wrote in support of democracy and for his support of Charter 08, a document calling for political reform and greater protection of human rights in China.
Beijing police have concluded their investigation against prominent intellectual and Charter 08 signatory Liu Xiaobo and transferred his case to prosecutors in early December 2009, according to a December 10 Chinese Human Rights Defenders (CHRD) article and December 9 articles by the Associated Press (via Washington Post) and New York Times. The New York Times reported that "Mr. Liu¨s lawyer, Shang Baojun, said in a telephone interview Wednesday that the police had sent to the prosecutors a report accusing Mr. Liu of inciting subversion by posting online essays favoring democracy and by helping to draft Charter 08." The Charter was released online on December 9, 2008, and signed by thousands of Chinese citizens. It calls for political reform and greater protection of human rights in China and led to official harassment of numerous signers. Liu was taken into custody on December 8, 2008, a day before the Charter was released, and placed under residential surveillance. Police formally arrested him on the charge of "inciting subversion of state power" on June 23, 2009.
Under Article 138 of the Criminal Procedure Law, prosecutors have up to one-and-a-half months (which includes a half-month extension) to decide whether to initiate a prosecution. In that time, they may also decide to send the case back to police for supplementary investigation, a move that would restart the clock on the time limit for the prosecution's review of the case (Article 140).
Liu's case has been marred by police abuses and violations of procedural law. After Liu's arrest in June, police barred prominent defense lawyer Mo Shaoping from representing Liu, reportedly because Mo was a fellow signatory of Charter 08. In the months after taking Liu into custody, officials kept Liu in residential surveillance under conditions that violated Chinese laws, including denying Liu access to counsel and keeping him at an undisclosed location beyond the legal time limit for residential surveillance.
Liu could face a sentence of as much as 15 years in prison if convicted. Article 105, Paragraph 2, of the Criminal Law provides for the crime of inciting subversion and "ringleaders and the others who commit major crimes" face a sentence of no less than five years. Article 45 caps fixed-term imprisonment at 15 years. According to the December 10 CHRD article, the police report labeled Liu's alleged involvement in Charter 08 as a "major crime."
Chinese officials have frequently relied on the "inciting subversion" charge to punish citizens who publicly criticize the government and express support for human rights and democracy, often in writings appearing on the Internet. (See, e.g., Guo Quan, Tan Zuoren, Yang Chunlin, Hu Jia, Lu Gengsong).
For more information on restrictions on freedom of expression in China, including official abuse of the subversion charge and suppression of Charter 08, see Section II!Freedom of Expression in the CECC 2009 Annual Report.
| Source: -See Summary (2009-12-09 / English / Free) |
Posted on: 2009-12-09 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=133112 |
The U.S. and China Held the 20th Meeting of the JCCT in Hangzhou, China
December 2, 2009
The 20th meeting of the Joint Commission on Commerce and Trade was held in Hangzhou, China on October 28 to 29, 2009. The JCCT, which was established in 1983, is a high-level forum for the United States and China to address concrete trade issues. The meeting achieved certain outcomes, especially in the areas of agricultural trade, market access, and intellectual property rights.
The Joint Commission on Commerce and Trade (JCCT), a high-level trade forum between the United States and China, met in Hangzhou, China on October 28 to 29. The JCCT is focused on concrete trade issues with a set of "deliverables," unlike the other annual dialogue on economic issues, the Strategic and Economic Dialogue (S&ED), which is focused on the broader, economic U.S - China relationship. In its fact sheet of October 29, the U.S. Trade Representative (USTR) reported results of discussions at this year's JCCT, including outcomes on agricultural trade, market access for wind turbines, Chinese government procurement, intellectual property rights (IPR), medical devices, pharmaceuticals, and travel and tourism.
The JCCT was founded in 1983 as a dialogue between the U.S. and Chinese commerce departments. Starting in 2004, the JCCT assumed an elevated role as a vehicle for addressing trade and business issues that arose after China's accession to the WTO, and was co-chaired on the U.S. side by the U.S. Trade Representative and Secretary of Commerce, and the Chinese delegation led by the Vice Premier, as described by Hank Levine in his blog, "Behind the Curtain." Mr. Levine was Deputy Assistant Secretary of Commerce for Asia Pacific at that time. Since 2004, the annual JCCT meetings, like this year's meeting, have invariably included intellectual property rights, agricultural trade, and market access, as well as other relevant trade issues. (For details on commitments at earlier JCCTs, see U.S.-China Business Council, "China's JCCT Commitments, 2004-09.") The specific commitments are determined and outcomes negotiated in the several weeks leading up to the JCCT meeting itself.
According to an October 29 report by China Trade Extra (subscription required), "In advance of the meeting, informed sources said that Chinese officials were refusing to engage to show their dissatisfaction with President Obama's imposition of safeguard tariffs on Chinese tire imports´" At the same time, another informed source reportedly indicated that the decision on tires did not have a significant impact on the talks. October 29 press releases by the U.S.-China Business Council and the U.S. Chamber of Commerce, were not inconsistent with this view. USTR reported concrete outcomes in its October 29 fact sheet, including most notably the following:
- Agriculture. China said it would allow imports of U.S. pork and live swine. These had been banned starting in May 2009 because of swine flu. It is not clear how great an impact this commitment will have on U.S. exports to China which, according to industry, as reported in the October 30 Wall Street Journal, had been growing before the ban. Since the ban was imposed the Chinese have ramped up the domestic industry.
- Clean tech. Access to China's market for foreign wind turbines had been largely restricted for foreign manufacturers. China agreed to allow greater access by removing a 2007 local content requirement for wind turbines, according to an October 30 China Daily report. This commitment was somewhat overshadowed by news of a large wind energy project in Texas that, according to a report in the November 1, 2009 New York Times, will use wind turbines manufactured in China, providing roughly 2000 jobs for Chinese workers.
- Government procurement. China made some commitments concerning government procurement, which has been largely closed to foreign companies as well as companies in China that have foreign investors. China agreed to treat products of these foreign-invested companies the same as products of domestically-owned companies. Further, China agreed to submit a revised offer to join the WTO Government Procurement Agreement (GPA) by early in 2010. The 2005, 2006, 2007 and 2008 JCCTs had also included commitments concerning China's joining the GPA.
- IPR. Every JCCT since 2004 has included commitments by China to improve its IPR protection in light of rampant piracy in China. These commitments have ranged from the general, such as China's commitment at the 2004 JCCT to significantly reduce levels of infringement and make greater use of criminal penalties, to the specific, such as the 2005 commitment to post an IPR ombudsman at the Chinese embassy in Washington DC. This year, according to the USTR fact sheet, the Chinese gave some general assurances concerning Internet piracy and encouraging the protection of certain types of publications at public libraries, and agreed to work with the U.S. to address certain IPR issues.
According to the fact sheet, China also made commitments, or agreements to cooperate, concerning medical devices, pharmaceuticals, and travel and tourism.
A November 6 article by the Hong Kong Trade Development Council characterized the meeting's achievements as "modest progress." Nonetheless, the JCCT continues to be an important forum for addressing the rules, regulations and policies that hinder free trade or serve as barriers to China fully meeting its WTO commitments.
| Source: -See Summary (2009-11-19 / English / Free) |
Posted on: 2009-12-09 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=131919 |
CECC Chairman Byron Dorgan Calls on China to Reveal Whereabouts of Gao Zhisheng
FOR IMMEDIATE RELEASE
Congressional-Executive Commission on China
www.cecc.gov
July 28, 2009
Contact for CECC Chairman Byron Dorgan: Charlotte Oldham-Moore 202-226-3798
Contact for CECC Cochairman Sander Levin: Doug Grob 202-226-3777
###
CECC Chairman Byron Dorgan Calls on China to Reveal Whereabouts of Gao Zhisheng
(Washington, D.C. C July 28, 2009) C Senator Byron Dorgan, Chairman of the Congressional-Executive Commission on China (CECC), made the following statement on the disappearance of Chinese human rights lawyer Gao Zhisheng:
Mr. DORGAN.
I am Chairman of the Congressional-Executive Commission on China. The Commission examines human rights and rule of law developments in China. Recently, it has noted the increasing harassment of China¨s human rights lawyers. Some of these lawyers have been disbarred and their law firms closed. Others have been physically harassed or beaten. What do these lawyers share in common? They have the tenacity and courage to take on politically sensitive cases.
I want to say a few words today about China¨s most famous human rights lawyer, a very courageous man named Gao Zhisheng
It is 174 days since Mr. Gao was last seen being taken from his bed by more than 10 men.
His captors C apparently the ^national defense ̄ unit of China¨s public security agency according to the renowned China expert Jerome CohenC had threatened to kill the young lawyer during previous detentions marked by horrific torture.
What was his transgression? Mr. Gao agreed to take politically sensitive cases, and represented some of the most vulnerable people in China.
He sought to use the law to battle corruption, overturn illegal property seizures, expose police abuses and defend the religious freedom of persecuted Christians, members of Falun Gong and others.
In October 2005, Gao wrote an open letter to the President of China detailing the torture of Falun Gong members by authorities. A month later, authorities shut down his law firm and revoked his license to practice law. In 2006, Gao was convicted of ^inciting subversion of state power. ̄ He was placed under ^home surveillance ̄ which was harsher than prison, not only for Gao and but for his family.
In 2007, public security officers abducted Gao again, and he was brutally tortured for 50 days. His abduction was apparently prompted by the publication of an open letter he wrote to us, members of the US Congress. In that letter, Gao alleged widespread human rights abuses in China and described the government's harsh treatment of him and his family.
His captors called him ^a traitor ̄. They also warned him that he would be killed if he told anyone about being abducted and tortured.
Once released, he was placed again under ^home surveillance ̄. His family faced constant police surveillance and intimidation. His daughter was barred from attending school and lost hope.
The treatment became so brutal that the family decided that their survival depended on escaping from China. But Gao was too closely monitored and could not think of leaving with them without placing his family at great risk.
And so, last January, Gao¨s wife, 6-year-old son and teenage daughter were smuggled out of China and then travelled onto the United States. After his family fled China, Gao was abducted from his home. No one has seen him alive since.
We know that his situation is extremely grave. I have met with his wife who fears he may have been killed. The Chinese government has not let anyone see him despite the repeated appeals by UN agencies, our government and other foreign governments, NGOs, and the media.
The Chinese government has signed or ratified many international human rights commitments that require it to come clean about Mr. Gao.
We call on the Chinese government to allow Mr. Gao access to a lawyer and to his family, and to publicly state and justify the grounds for his continued abuse.
The right to speak freely and the right to challenge the government - all of these are enshrined in China's Constitution. Yet, it appears that the Chinese government and Communist Party seem intent on upholding the violation of these rights in the case of Mr. Gao.
What has the Chinese government done to Mr. Gao? How do they justify it? And, when will they allow his family to see him? The government¨s continued refusal to produce Mr. Gao makes his case resemble those of ^disappeared ̄ in Latin American dictatorships.
American law has the practice of habeas corpus. It is the legal action through which a person can seek relief from the unlawful detention of himself or another. Nothing similar to America's habeas corpus exists in China¨s legislation or practice. But the UN Conventions against Torture, which China ratified twenty years ago, obligate it to come clean about Gao. I urge government of China to disclose Gao's whereabouts and to justify the grounds for his continued detention.
I yield the floor.
###
| Source: -See Summary (2009-07-28 ) |
Posted on: 2009-12-09 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=133127 |
Top Official Emphasizes Party's Dominance Over Media on Journalists' Day
November 24, 2009
In a November 2009 speech, top Party official Li Changchun marked Journalists' Day in China by reminding reporters of their obligations to serve the Party's interests. Because they remain subject to the control of the Communist Party, Chinese journalists and news media do not enjoy freedom of the press.
In a speech to mark Journalists' Day in China on November 8, 2009, top Communist Party official Li Changchun continued to emphasize the Party's dominance over the nation's news media, according to a transcript of Li's remarks published by People's Daily. Li, a member of the Party's Politburo Standing Committee, told journalists to "persist in strengthening and improving the Party's leadership over news propaganda work" and "persist in the Party's management of the media." He also said that "guiding power over news propaganda work" should remain "firmly in the hands of those devoted to the Party and the people." According to a November 8 Agence France-Presse article (via Google) on the speech, Li is fifth in the hierarchy of China's leaders and "is seen as the country's propaganda and ideology chief."
The word "Party" appears 48 times in the speech. Li refers to the Party in various contexts, including:
- calling on journalists to follow the "correct" political orientation and to maintain complete consistency with the Party's Central Committee.
- noting that in the past 60 years China's news media has played an important role in supporting the Party as it led China through socialist revolution and socialist modernization.
A journalist from the Chinese newspaper Southern Metropolitan Daily compared the speech with a similar one Li gave last year (available here via the People's Daily Web site) and found that language regarding citizens' rights to know, participate, express, and monitor had been downgraded, according to a November 9 posting on the China Media Project Web site.
News media in China do not enjoy freedom of the press in accordance with international human rights standards. Top Chinese officials continue to treat the news media as a tool of the Communist Party. In a major June 2008 speech on the role of the news media, President and Party General Secretary Hu Jintao said journalists should "promote the development of the causes of the Party and the state" and that their "first priority" is to "correctly guide public opinion." The Party's Central Propaganda Department issues frequent directives informing publishers and editors what stories can and cannot be covered and how to cover certain topics. Recent examples include two June 2009 directives. One of the directives ordered media not to criticize a government plan to require the "pre-installation" of filtering software on all computers sold in China. The other banned commenting on the Iranian government's response to unrest following Iran's June 12 presidential election. Propaganda officials such as Li also set broad propaganda goals for the media. In January, Li outlined a propaganda agenda for the year that focuses on safeguarding economic development and social stability.
For more information on the Party and government's control over the Chinese domestic news media and propaganda directives from the past year, see Section II—Freedom of Expression (pp. 50–57) of the CECC 2009 Annual Report.
| Source: -See Summary (2009-11-24 / English / Free) |
Posted on: 2009-12-09 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=132226 |
Lead Poisoning Incident in Shaanxi Leads to Protests, Rights Infringements Reported
November 30, 2009
The discovery of lead poisoning in children, due to heavy metal pollution from a metal smelter, led to protests by hundreds of residents in Shaanxi province in August 2009. The case highlights ongoing lax compliance with environmental laws and policies, government accountability gaps, and insufficient protection for citizens' environmental rights, including that of access to environmental information in China. In response to the highly visible and contentious Shaanxi lead poisoning case and the wave of other lead poisoning cases in several provinces, the central government announced a provisional plan to better manage heavy metal pollution across China without making details of the plan public.
One of several recent cases in China of lead poisoning in children that occurred in Fengxiang county, Shaanxi province garnered national and international attention after citizens protested in August 2009. During the incident, parents of affected children first utilized institutionalized channels to seek remedies for their children's environmental health problems, but then resorted to street protests. The case highlights ongoing lax compliance with environmental laws and policies, government accountability gaps, and insufficient protection for citizen's environmental rights, including rights of access to environmental information in China. In spring 2009, tests revealed that several children living near the Dongling smelter had above-standard blood lead levels and on August 15, authorities concluded that pollution from the Dongling Smelter in the Changqing Industrial Park was linked to elevated blood lead levels in 851 children out of 1,016 tested, according to an August 21, 2009, Beijing News article (via China Law Information Net). In April, one of the parents of an affected child informed the management committee within the Changqing Industrial Park about the lead poisoning but reported that up until August 6, no action had been taken by the committee, according to the same article. In response, residents surrounded the smelter gate on August 3-4, 2009, as reported by the Beijing News article. The Baoji city Environmental Protection Bureau finally issued an order on August 6 for the smelter and an associated coking workshop to shutdown, but the coking workshop did not comply with the order, according to a Jinyang Net article (via Pai'an Net!Shaanxi Legal Net).
Hundreds of residents staged a sit-in for two days outside the local government building beginning on August 15, but officials remained unresponsive, according to a September 13, 2009, Times of London article. On August 17, hundreds of angry residents surrounded the smelter, tore down segments of a wall, ransacked some offices, stoned coal delivery trucks, and destroyed machinery at the smelter, according to the Times article. An August 19, Associated Press article (via Food Manufacturing), citing Xinhua reported that protesters were angry because the company had continued to defy the August 6 order to stop production. It is unclear if citizens were aware that the Ministry of Environmental Protection also had issued a directive to shut down the smelter's operations on August 16, 2009, as described below, which reportedly was implemented the next day. In response to the protests, thousands of police and security personnel encircled the area, and according to a source cited in the Times article, "hundreds of young men ran away to escape arrest." It remains unclear if officials eventually detained or formally arrested residents involved in the protests.
Authorities Warn Against Talking to Journalists, Restrict Blood-Level Tests
After the protests, Shaanxi officials suppressed citizens' freedom of expression and denied residents access to medical tests. After the protests in Fengxiang, police and plainclothes toughs reportedly hassled international reporters trying to cover the story and warned local citizens they would face repercussions if they talk to the media, according to the Times article. According to an August 21, 2009, article on the China Media Project Web site, the Chinese media outlet, Xinhua, a "mouthpiece" of the Communist Party, "[took] the initiative" in reporting about and guiding public opinion domestically regarding the Fengxiang case, which included criticizing the company involved. The article asserted that China's commercial media largely remained silent on the Fengxiang case, allowing Xinhua Online to control the discourse or "grab the megaphone." The Times article reported that officials were restricting doctors from conducting tests for lead poisoning to babies brought in by officials in order to stem citizen protests. One doctor reportedly told journalists that officials had ordered hospital staff not to send blood lead test samples to a nationally recognized lab in Xi'an as had been normal practice; instead, staff reported "...(w)e were told that if anyone must be tested they should be sent for a less reliable test at a local health centre."
Authorities and Polluting Enterprise Did Not Inform Public About Pollution
Authorities infringed upon citizens' legal right of access to information by not informing the public about instances of above-standard pollution emissions from the smelter. An August 19, Xinhua article (via China Youth Daily) reported a local citizen as saying the Dongling Smelter had not made public instances when its pollution levels were above standard, although according to the Beijing News article, the Dongling Smelter's pollution levels exceeded standards in three instances between July 2008 and July 2009. According to Articles 11 (13), 20, and 21 of the Environmental Open Government Information Regulation, a list of enterprises whose released pollutants exceed national or local standards shall be made public by environmental departments and the relevant enterprises should within 30 days of the list's issuance release "the names of major pollutants, their methods of discharge, the toxicity and amount of discharge....and the amount in excess" [of standards] to "major media outlets."
Smelter Long-term Source of Citizen Grievances
The Dongling Smelter had been the subject of citizen grievances in 2003 amid plans to construct the smelter and again in 2006 after it was implicated in a water pollution incident. In 2003, the proposed construction of the Dongling Smelter led citizens in nearby villages to voice a variety of grievances about the amount of land given to the company building the smelter, about the amount of compensation for farm land, and about the coercive measures used by officials to obtain the land, according to the Beijing News article. The same news article reported that according to a 2004 environmental impact assessment report, residents within one kilometer of the smelter should have been moved, however, only 156 households out of 581 were moved. The article cited one resident who recalled that people were worried about the pollution problems from the plant during its construction. In 2006, pollution from the smelter, which had just opened operations, seeped into nearby water wells making them putrid, as described by one resident. In response, citizens surrounded the smelter for several days in protest, according to the report. The report cites sources who said that each year after the plant was operational, the Dongling company sent teams of workers to be treated because of lead poisoning. As reported by the Times article, Chinese domestic journalists who investigated the 2009 lead poisoning cases had discovered that local officials had needed the smelter's revenue to meet their economic targets, so they made a pact with the company.
Authorities Respond as Public Attention Grows
After the lead poisoning cases garnered attention, the Fengxiang county government reportedly "adopted a more positive attitude" toward addressing citizen grievances, according to the Beijing News article. On August 18-19, 2009, local officials considered emergency plans to move remaining residents away from the area around the smelter, according to the same article. An August 18, 2009, Xinhua article (via the Central People's Government of the PRC Web site) reported that the Ministry of Environmental Protection issued the order to shut down production at the Dongling Smelter on August 16, which the company reportedly executed the next day, including shutting down the coking workshop associated with the smelter. As reported by the Beijing News article, on August 19, the Baoji city vice mayor announced that work to shut down the smelter would be completed by August 21. The Shaanxi and other lead poisoning cases, which also led to citizen protests, prompted national environmental officials to promise new measures to address heavy metal pollution, and the Ministry of Environmental Protection in cooperation with other ministries recently passed a provisional plan in line with this goal, as reported by a September 4, 2009, Wall Street Journal article (subscription required). The plan is still pending approval by the central government. According to the article, authorities did not release the plan or many of its details to the public.
Some Chinese citizens have faced repercussions for drawing attention to environmental problems. See a prior Commission analysis. For background information on climate change and environmental governance, see Section II!Climate Change and Environment in the CECC 2009 Annual Report.
| Source: -See Summary (2009-11-19 / English) |
Posted on: 2009-12-09 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=132273 |
Jiangsu Court Sentences Guo Quan to 10 Years for Organizing Political Party
December 4, 2009
In October 2009, a court in Jiangsu province sentenced Guo Quan to 10 years in prison for his attempts to organize the "China New Democracy Party" and to use the Internet to seek members and disseminate his political views. Chinese citizens who attempt to form independent political parties and use the Internet to organize and peacefully express their opposition to the Communist Party frequently are targeted for harassment, detention, and imprisonment by the Chinese government.
The Suqian Intermediate People's Court in Jiangsu province on October 16, 2009, sentenced Guo Quan, formerly a university professor and a past member of one of the few state-approved "democratic" parties allowed in China, to 10 years in prison for "subversion of state power," according to a Human Rights in China (HRIC) press release of the same date. The court found that Guo used the Internet to organize an "illegal" political party called the "China New Democracy Party," recruited members for the party, published numerous "reactionary" articles online, called for a seven-day stay-at-home boycott of the government, and sought to "overthrow" the socialist system, according to the court judgment (English translation prepared by Dui Hua Foundation, Chinese). Authorities detained Guo on November 13, 2008, arrested him on December 19, and held his trial on August 7, 2009. Guo appealed the verdict on October 23, but authorities reportedly told one of Guo's lawyers, Guo Lianhui, that he could not represent Guo during the appeal and should not accept foreign media interviews, according to an October 23 Radio Free Asia article.
China's Communist Party does not allow Chinese citizens to form independent political parties. In handing down its subversion verdict, the court in this instance cited Guo's attempts to organize a political party, the "China New Democracy Party", calling the party "illegal" but providing no legal reasoning for this conclusion. Guo's lawyers argued Guo's activities were legal based on the right to freedom of association provided for in Article 35 of China's Constitution. His lawyers also argued that he was only promoting democratic ideals and there was no evidence that he sought to overthrow China's socialist system. According to the HRIC press release, Guo Quan is a former member of the state-approved China Democratic League, but was expelled in late 2007. Under China's political system, officials have permitted eight political parties in addition to the Communist Party, but such parties operate "under the leadership" of the Communist Party, according to the White Paper on China's Political Party System published by the State Council Information Office (via China Internet Information Center). In addition to Guo, other Chinese citizens imprisoned for subversion for similar activities include Xie Changfa, who was recently sentenced to 13 years in prison, according to a September 1 HRIC press release, and Wang Rongqing, who was sentenced to 6 years imprisonment in January 2009 for subversion, according to a January 7 Chinese Human Rights Defenders report. (See the CECC 2009 Annual Report for more information on Chinese Democracy Party members sentenced for inciting subversion and subversion (pp. 46-47) and the Chinese People's Political Consultative Conference and "multiparty cooperation" between the Communist Party and the state-approved parties (p. 210)).
As is typical of subversion (or inciting subversion) cases reviewed by the Commission, the court did not assess the harm Guo's activities caused to national security or provide evidence that Guo advocated violence in pursuit of his aims. Subversion is a crime under Article 105 of the Criminal Law. The court emphasized Guo's interactions with other individuals in seeking their membership in a political party, and his calls for an end to one-party rule and civil disobedience, but cites no instance of Guo advocating physical harm to anyone. Nevertheless, the court rejected Guo's argument that his actions were protected under China's constitutional provisions for freedom of speech and association (Article 35 of the Constitution), saying that "the Constitution also clearly stipulates that citizens shall not damage the interests or security of the state in exercising those rights" (an apparent reference to Article 51 of the Constitution, which states that "(t)he exercise by citizens of the People's Republic of China of their freedoms and rights may not infringe upon the interests of the state, of society and of the collective, or upon the lawful freedoms and rights of other citizens"). Despite acknowledging that both Article 51 and Article 35 are found in the Constitution, the court made no attempt to explain why in this instance Article 51 trumped Guo's constitutional rights to free speech and association or to indicate whether it gave any weight to Guo's rights. The court also relied heavily on written statements of individuals who did not appear in court and thus could not be cross-examined by the defense.
Postponements that the court justified on procedural grounds delayed the verdict until October 16, 2009, after celebrations of the 60th anniversary of the founding of the People's Republic of China on October 1. The court accepted the case on June 10 and, under China's Criminal Procedure Law (CPL) Article 168, would have had to issue a judgment within one and one-half months of that date (late July). The court received approval to extend this time period by an additional month (to late August), which Article 168 allows. According to the judgment, the court then granted the prosecution's request for supplementary investigation. The court resumed hearing the case on September 16, meaning that, at the earliest, the court granted the prosecution's request for supplementary investigation on August 16 (Article 166 of the CPL limits such investigations to one month). This means that the prosecution's request was granted after the trial took place on August 7. The legal basis for this post-trial postponement is unclear. Article 162 of the CPL provides that after the defendant makes his final statement, the chief (or presiding) judge shall adjourn the case and then the court shall issue its judgment, making no mention of the possibility of a supplementary investigation by the prosecution. A copy of Guo's final statement (via Chinese Human Rights Defenders) and an August 7 Radio Free Asia article appear to indicate that Guo made his final statement at the August 7 trial. At least one expert on Chinese criminal law has stated that the law does not allow the prosecutor to request a supplementary investigation after the courtroom hearing has concluded (see pp. 490-491 of Andrea J. Worden, "A Fair Game"? of Law and Politics in China, and the "Sensitive" Case of Democracy Activist Yang Jianli, Georgetown Journal of International Law, Volume 40, Number 2, Winter 2009). When the court resumed the hearing on September 16, the time limit for the court's consideration of the case started anew (Article 168 of the CPL), giving it at least another month to issue the verdict.
The court also emphasized Guo's use of the Internet to engage in his activities, including publication of his "Herald of Democracy" series on the Web sites of the Epoch Times, Boxun, and Radio Free Asia, among others. The court cited as evidence the public security bureau's records of the e-mail activity and cell phone text messages of Guo and individuals with whom he corresponded. For more information on the risk Chinese citizens face when disseminating critical views of the Communist Party and Chinese government on the Internet, as well as how Chinese public security officials monitor the Internet activities of its citizens, see Section II!Freedom of Expression, in the Commission's 2009 Annual Report.
| Source: -See Summary (2009-11-17 ) |
Posted on: 2009-12-09 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=131154 |
Party Official Adds More Preconditions Before Dalai Lama Dialogue Can Resume
A senior Communist Party official has made statements in an interview with a European magazine indicating that the Party has introduced what appear to be additional preconditions that it expects the Dalai Lama to meet before the Party will resume discussions ("dialogue") with the Dalai Lama's representatives. The preconditions seek to force the Dalai Lama to accept responsibility for the dialogue stalling in late 2008, and pressure him to curtail his international travel. The introduction of the new preconditions is concurrent with increasing Chinese government demands that governments of other countries should bar the Dalai Lama from entering their countries if those governments wish to develop or maintain good relations with China.
The current series of discussions between the Party's United Front Work Department (UFWD) officials and the Dalai Lama's representatives began in September 2002 and stalled in November 2008 after the eighth round of formal dialogue. (Statements by the Dalai Lama¨s Special Envoy, Lodi Gyari, following rounds of dialogue in 2002, 2003, 2004, 2005, 2006, 2007, July 2008, and November 2008 are available on the Tibetan government-in-exile Web site.) In July 2008, during the seventh round of dialogue, UFWD Head Du Qinglin laid out a series of preconditions!the "four no supports" and the "three stops"!that attempt to hold the Dalai Lama personally accountable for Tibetan views and activities that he does not support and that contradict his policies and guidance, and that pressure the Dalai Lama to take on the role of an active proponent of Chinese government political objectives.
Zhu Weiqun, Executive Deputy Head of the UFWD, who has served as one of the principal contacts with the Dalai Lama's representatives since the second round of dialogue in 2003 (see the statements linked above), described the apparent additional preconditions during a two-hour September 22, 2009, interview in Beijing with a German magazine, Focus. On October 5, Focus published a German-language summary of the interview that is approximately 200 words when translated into English (OSC, 6 October 09). On October 16, China's state-run media objected to the brevity of the Focus article, asserting that Zhu had granted the interview on the condition that Focus would print "the main contents of the interview," and published an approximately 6,600 word English-language transcript of the interview in Xinhua and a Chinese-language transcript in People's Daily (translated in OSC, 17 October 09). In addition to reiterating previous accusations and preconditions, Zhu added two apparent new preconditions on the Dalai Lama, based on the Xinhua and People's Daily transcripts of his statements.Zhu claimed that the Dalai Lama broke off talks with China twice in November 2008 and demanded an explanation before talks could resume. "If the Dalai Lama side really intends to continue talks, he must first well explain why he cut off the talks twice last year, especially what they did on the second occasion." Zhu's remark about "the second occasion" refers to an unusual meeting of Tibetan political, religious, educational, cultural, and community leaders living outside of China. The meeting was convened in India to "hold an extensive discussion and debate with regard to the Tibetan cause in the light of recent emergency events in Tibet and the international scenario," according to a November 22, 2008, Tibetan government-in-exile (TGiE) report. The meeting participants adopted a set of recommendations urging, among other things, that Tibetans "follow the guidance of His Holiness the Dalai Lama based on the prevailing situation." The recommendation also observed that "views to stop sending envoys and to pursue complete independence or self-determination if no result comes out in the near future were also strongly expressed," the TGiE report said. The Dalai Lama's Special Envoy, Lodi Gyari, a meeting participant, referred to the eighth round of dialogue that had concluded on November 5 and said, "As far as our task is concerned, it has certainly come to a crucial stage. We did not even talk about future meetings," according to a November 21 Reuters report. The Commission has not observed any reports of statements by the Dalai Lama or his representatives asserting that they had "cut off the talks." [See Special Topic Paper: Tibet 2008-2009 for information on the current status of discussions between the Chinese government and the Dalai Lama's representatives.]
Zhu asserted that the Dalai Lama should restrain his international travel because "such activities . . . disturbed the central government and were detrimental to friendly relations between China and relevant countries." Zhu's demand that the Dalai Lama curtail international travel is consistent with recent Party and government statements pointing to what Chinese state-run media has described as an emerging "China doctrine" (China Daily, 12 March 09) that would pressure countries "cultivating ties with China" to deny entry to the Dalai Lama. The China Daily article referred to a March 7, 2009, news conference where, according to a China Central Television report the same day (translated in OSC, 10 March 09), Minister of Foreign Affairs Yang Jiechi said: "In handling their relations with China, no country in the world should allow Dalai to pay visits or use their territory to engage in separatist activities. That should be within the norms of international relations, not a so-called special favor to China." [See Special Topic Paper: Tibet 2008-2009 for information on the Chinese government's shift toward a more aggressive international policy on the Tibet issue.]Zhu stated in the Focus interview that UFWD officials told the Dalai Lama's representatives during the November 2008 eighth round of dialogue that the Chinese government would refuse to discuss the contents of a memorandum summarizing Tibetan positions that the representatives provided to UFWD officials during the round of dialogue, according to the October 16, 2009, Xinhua and People's Daily transcripts. The "Memorandum on Genuine Autonomy for the Tibetan People" (available on the Tibetan government-in-exile Web site), however, for the first time described the area that the Dalai Lama and his representatives wish to discuss as "all the areas currently designated by the PRC as Tibetan autonomous areas." By proposing that discussions focus on the areas of China that the Chinese government already has designated as areas of Tibetan autonomy, the Dalai Lama and his representatives have created an unprecedented opening for progress in dialogue with Chinese leaders. [See Special Topic Paper: Tibet 2008-2009 for information on the "Memorandum on Genuine Autonomy for the Tibetan People" (available on the Tibetan government-in-exile Web site).]
| Source: -See Summary (2009-11-03 ) |
Posted on: 2009-12-09 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=131381 |
Chinese Authorities Block Chinese Citizen Li Jianhong from Returning to China
As the Commission noted in its 2009 Annual Report, Chinese authorities continue arbitrarily to deny some Chinese citizens the right to return to their country in contravention of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. In mid-October 2009, the Chinese government blocked freelance writer and activist Li Jianhong (a.k.a. Xiao Qiao) from returning to her home in Shanghai after a stint in Sweden as the "Guest Writer of Stockholm" with the International Cities of Refuge Network (ICORN). Chinese officials in Shenzhen twice refused Li entry into mainland China from Hong Kong. Hong Kong authorities would not permit Li to remain in Hong Kong, and thus she had no choice but to fly back to Sweden, where she is today.
Writer and activist Li Jianhong suspects that Chinese authorities blocked her from re-entering China in mid-October because she had signed Charter 08, a document calling for political reform and greater protection of human rights in China, and because she wrote several articles in connection with the 20th anniversary of the 1989 Tiananmen protests this year, according to an article published in the South China Morning Post (SCMP) (subscription required) on October 23. The article quoted Li Jianhong as saying that "[i]n July, several police officers told my parents in Shanghai that I would probably not be allowed back to the motherland for my alleged persistent anti-Communist and anti-socialist stance." Li told SCMP that mainland immigration officials explained to her "that they were simply following orders" when they refused to let her enter China.
By refusing Li, a Chinese citizen, entry into China, the Chinese government is acting in contravention of Article 13 (2) of the Universal Declaration of Human Rights, which provides: "Everyone has the right to leave any country, including his own, and to return to his country." In addition, Article 12(4) of the International Covenant on Civil and Political Rights, which China has signed but not yet ratified, states: "No one shall be arbitrarily deprived of the right to enter his own country."
Background
In 2002, Li Jianhong co-founded an independent Web site, Enlightenment Forum (Qimeng Luntan), which subsequently was shut down in 2004, according to an October 15 statement issued by the Independent Chinese PEN Center (ICPC) (in Chinese, in English via China Free Press). Li then created the Free China Forum (Ziyou Zhongguo Luntan), which the PEN American Center (American PEN) reports also is blocked. According to American PEN, Li "has been subjected to intense police harassment since January 2005 for her critical writings published online and peaceful dissident activities." Li has experienced repeated instances of home confinement, brief detentions outside her home, and interrogations. (Li's account of her arbitrary detention and mistreatment at the hands of Shanghai public security officers (domestic security protection unit) during 2007 is available in an English translation here (via American PEN).) On one occasion in 2007, Shanghai police detained Li, a member of the ICPC, in order to prevent her from attending an ICPC dinner party in Beijing, at which she was to receive the Lin Zhao Memorial Award. When the Shanghai public security authorities finally granted Li permission to leave China for Sweden in 2008, they told her that once she left, she would not be permitted to return, according to an October 15 Chinese Human Rights Defenders (CHRD) report. On April 28, 2008, the day of her departure to Sweden, Li was "escorted" to Shanghai's Pudong International Airport by two government vehicles.
Li in Stockholm as Guest Writer; Blocked From Returning Home to China
Li had been in Sweden since April 2008 serving as the Guest Writer of Stockholm city with the International Cities of Refuge Network (ICORN), according to an ICORN news report. Originally a year-long stint, according to a Radio Free Asia article, the Stockholm city government subsequently extended her invitation to remain in the city. Li sought to extend her Chinese passport which was due to expire in late October 2009, but the Chinese Embassy in Sweden rejected her application. Consequently, Li left Sweden ahead of schedule, and traveled to Hong Kong on October 10. Li attempted to enter mainland China twice from Hong Kong, first on October 15 (when some of her books were confiscated), and then again on October 17, and was blocked both times (see CHRD's reports 1 (October 15), 2 (October 17), and ICPC's October 15 statement). Hong Kong authorities would not permit Li to remain in Hong Kong, according to an October 18 Ming Pao article. ICORN's report, posted on its Web site around October 23, stated that Li had returned to Stockholm, and with "the help of Stockholm's City of Refuge coordinator," Li was "permitted to enter the country despite the fact that her passport and her Swedish visa" expired the next day. Professor Perry Link, discussing Li Jianhong's case in his October 21 post on the New York Review of Books Blog, wrote: "Chinese who are critical of their government have long grown accustomed to the regime's use of the national border as a thought-test. You criticize us? All right, if you are inside the country, we might not let you out. If you are outside the country, we might not let you in." Professor Link mentioned that a friend of his, a well-known Chinese dissident who is abroad on a year-long fellowship, decided to rush home to China after hearing what had happened to Li. His friend's view was that "if he was going to be trapped, [he] would rather be trapped inside China than outside."
The Chinese government has, for many years, refused to renew passports of Chinese citizens abroad whom it deems to be "troublemakers," or otherwise barred them from returning to China, thereby forcing them into exile. (See Human Rights in China/Human Rights Watch 1995 report; Dui Hua Foundation's August 2007 discussion of Yang Jianli and the right to return, and a May 13, 2009, New York Times article regarding 1989 student leader Zhou Yongjun's case.) The Chinese government's "use of the national border as a thought-test"!to use Professor Link's formulation!appears to have taken on a new twist: Chinese citizens who currently reside in China, whom the Chinese government views as "troublemakers," but nonetheless permit to travel abroad for fellowships, vacation, or other purposes, travel overseas at their own peril. Another Shanghai-based Chinese citizen, Feng Zhenghu, who has repeatedly been denied entry back into China following a trip to Tokyo this summer wrote in a September 2009 letter (via CHRD) to President Hu Jintao:
That I have been arbitrarily prohibited from returning to China and my home after traveling abroad!this is a threat to all Chinese citizens. My misfortune is something that every Chinese person could experience. In the past, others have experienced this misfortune, now it is my turn; if there is someone the leaders are dissatisfied with, then tomorrow that person will meet the same fate. Moreover, based on my experience of having tried seven times to return to China, I've realized this: the Chinese government's unlawful measures in prohibiting its own country's citizens from returning home not only harm Chinese citizens, but in the end, the Chinese government's own dignity and reputation is also harmed.
For more information see Section II!Freedom of Residence!Liberty of Movement in the CECC 2009 Annual Report.
| Source: -See Summary (2009-11-02 ) |
Posted on: 2009-12-09 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=131324 |
China Requires Real Names, Identification Numbers To Post Comments Online
China's State Council Information Office reportedly issued a secret directive in July 2009 ordering Chinese news Web sites, many of which now allow users to post comments on news items, to require new users to provide identifying information before posting comments. Although government officials denied a report about the directive, news portals appear to be complying with the new policy. The Chinese government has punished citizens who have used the Internet to, among other things, peacefully criticize the Communist Party and the Chinese government. By making it easier for officials to identify the source of such comments, the new policy may lead to self censorship. Internet companies operating in China and Chinese Internet users have expressed opposition to similar policies in the past.
The State Council Information Office (SCIO) reportedly issued a secret directive in late July 2009 ordering news Web sites in China to require new users wishing to post a comment to provide their real name and identity card number, according to a September 5 New York Times (NYT) report. The Commission could not locate the government directive on the Internet, but found that several news portals, including Sohu, Netease, and MSN, appeared to be complying with the directive. The NYT report said that major news portals such as "Sina, Netease, Sohu and scores of other sites" began implementing the requirement in early August, citing "top editors" at two of the news portals and a staff member at Sina. The requirement did not apply to "blog hosts, forums or government news sites like People's Daily or Xinhua" and did not appear to affect users already registered with the sites, according to NYT. The report did not specify why the requirement did not apply to certain sites or why current users were not affected. The NYT report said that in the past users had been able to post comments more anonymously on many of the affected sites and often did not need to register. According to NYT, Chinese officials can already trace comments to an Internet protocol address. Internet companies are also required by Chinese regulations to maintain records of the online activity of a user.
Newspapers reportedly pulled coverage of the directive or said they were warned not to cover it, according to the NYT report. The Hong Kong-based newspaper Ta Kung Pao first reported on the directive in early August but removed the story from its Web site days later. (Duo Wei News Net reprinted the story; China Digital Times translated it into English.) The NYT article said a Chinese newspaper tried to follow up on the Ta Kung Pao story, but was "forced to abort their article because they were warned that the order was a state secret," according to editors at the paper. In a September 11 Beijing International Herald Leader article (via the government Web site of Huilai county, Guangdong province), SCIO reportedly refuted the NYT article and the existence of a "real name system," but acknowledged that users must register to post comments.
Internet users in China say real name requirements raise free speech and privacy concerns and discourage citizens from exposing official corruption. After officials in Hangzhou city, Zhejiang province, attempted to impose a real name requirement that would have taken effect in May 2009, a large online survey by QQ found that 78 percent of people polled did not support the regulation, according to a May 26 China Daily article. The Hangzhou regulation, which was issued in April 2009, was reportedly "shelved," according to a May 19 Xinhua report. One Internet user cited in the China Daily article said the regulation could "violate our privacy and freedom of speech, as well as discourage online supervision over political corruption." Chinese officials have in recent years violated the right to freedom of expression of citizens such as Yang Chunlin, Hu Jia, Lu Gengsong, Zhang Qi, Chen Daojun, Wang Rongqing, and Yuan Xianchen, by detaining or sentencing them for using the Internet to peacefully express their views, including criticizing the Communist Party or Chinese government, calling for political reforms or democracy, or spotlighting issues considered sensitive by the Party or government. (For more information on these cases see the CECC's Political Prisoner Database.) Another Internet user mentioned in the China Daily article criticized the Hangzhou regulation's vagueness, saying "It prohibits spreading rumors online, but the question is how to define rumor. Faced with dangerous situations, people will naturally take precautions and send warnings to their friends. Can information spread that way really be called rumor?" In October 2009, 15 Chinese intellectuals issued the Internet Human Rights Declaration, in which they stated that "Netizens' [Internet users'] freedom of speech encompasses a right to express themselves anonymously. Anonymity enables some authors to express their opinions in ways that best suit their needs." (For information on Internet whistleblowers and the government's application of the "spreading rumors" provision in Article 25 of the Public Security Administration Punishment Law, see Section II—Freedom of Expression in the Commission's 2009 and 2007 Annual Reports.)
The NYT article noted that the idea for a real name registration system dates back to 2003, when the government ordered Internet cafes to require that customers show identification. Other examples of attempts to introduce real name requirements in recent years include:
- In 2005, authorities in Shenzhen municipality, Guangdong province, began requiring Internet chatrooms, bulletin boards, news groups, and instant messaging systems to implement a real name system as part of an Internet "purification and rectification" initiative.
- As noted in the Commission's 2007 Annual Report, the Internet Society of China, a think tank affiliated with the Ministry of Industry and Information Technology, attempted to implement a policy that would have required all bloggers to register with their real names. The government backed away from the plan after Internet companies resisted the plan, arguing that the system would be impossible to implement. According to a May 22, 2007, Xinhua article, a Chinese blogger said that the risk of being identified would discourage bloggers from reporting the truth.
The most recent real name directive was introduced during a period of increased attempts to censor the Internet, as Chinese officials were preparing to celebrate the 60th anniversary of the founding of the People's Republic of China on October 1, 2009. Before October 1, officials reportedly stepped up efforts to block Web sites and online tools that allow Chinese citizens to circumvent China's Internet restrictions, according to a September 25 PCWorld article. The Chinese government also attempted to require all computers sold in China after July 1 to be packaged with government-approved "Green Dam" censorship software. According to an August 13 Xinhua article, an official later announced that the requirement would not be imposed on all computers. Officials also reportedly issued an order that Internet service providers install "Blue Shield" censorship software on their servers by a September deadline, according to a September 13 Apple Daily article (in Chinese).
For more information about Internet censorship in China and how officials punish citizens for using the Internet to peacefully express their views, including criticizing the Communist Party or Chinese government, calling for political reforms or democracy, or spotlighting issues considered sensitive by the Party or government, see Section II—Freedom of Expression in the Commission's 2009 Annual Report.
| Source: -See Summary (2009-11-10 / English / Free) |
Posted on: 2009-12-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=130744 |
Xinjiang Government Issues Internet Regulation, Keeps Strict Controls on Information
Authorities in the far-western region of Xinjiang have passed a new regulation on "informatization" promotion that includes provisions against using the Internet to incite ethnic separatism, threaten state security, or spread false information. While the ban is similar in some respects to prohibitions found elsewhere in China, Xinjiang authorities also have stressed the importance of the regulation in upholding stability following demonstrations and outbreaks of violence in the region in July and September. The regulation follows earlier efforts in Xinjiang to limit and punish people for online activity.
Internet Regulation Targets Online Separatism
On December 1, a new regulation will go into effect in the Xinjiang Uyghur Autonomous Region (XUAR) that includes provisions that prohibit the use of the Internet to incite ethnic separatism, threaten state security, or spread false information, among other acts. The Xinjiang Uyghur Autonomous Region Informatization Promotion Regulation, adopted on September 25, also contains general provisions to promote and regulate Internet technology, similar to regulations elsewhere in China, some of which also prohibit certain online activity. The XUAR regulation comes as authorities have stated concern about the role of the Internet in events on July 5, when Uyghurs organized a demonstration in Urumqi and outbreaks of violence also occurred. A member of the XUAR People's Congress Legal Committee described the new measures as partly a response to the Internet having been used to "spread rumors, incite ethnic separatism, and provoke disturbance" in the lead-up to events on July 5, and to spread "false reports and information to confuse public opinion" after July 5, according to a paraphrasing of his remarks in a September 23 Xinjiang Dushibao article. The regulation also comes after authorities issued a notice that called for punishing the intentional spread of false information following reports of syringe attacks in September. This recent focus on regulating Internet use in the XUAR follows the shutdown of Internet access in the region soon after July 5. Internet access in the region reportedly remains limited. (See, eg., an October 29 Reporters Without Borders report, an October 29 Radio Free Asia report, an October 23 Agence France-Presse report (via Google), an October 23 IDG News Service report (via PC World), and a September 28 China Daily report.)
The new XUAR regulation aims to promote information technology and infrastructure in the region, but also strengthens oversight of "information security," including by prohibiting several categories of Internet conduct. Article 40 of the regulation prohibits using the Internet to: (1) endanger state security or harm national and social interests; (2) destroy ethnic unity, incite ethnic separatism, or endanger social stability; (3) endanger the safety of the Internet and information systems; (4) violate intellectual property rights, trade secrets, or the lawful rights and interests of individual privacy, citizens, corporations, or other groups; (5) furnish, produce, or disseminate false or harmful information; (6) produce or disseminate information that is obscene, pornographic, violent, terrorist, homicidal, or that instigates crime; and (7) carry out other acts prohibited in laws and regulations. Article 41 of the regulation specifies penalties for violating the prohibitions. (Article 8(4) of the PRC Legislation Law states that only national laws (falu) may be enacted relating to crimes and criminal sanctions. As a regulation (tiaoli), the XUAR legislation does not directly criminalize online activity. It stipulates that authorities are to pursue criminal responsibility for certain violations of the regulation.) Article 41 of the XUAR regulation specifies that for violations involving the first two types of prohibited conduct, which include using the Internet to endanger state security, destroy ethnic unity, or incite ethnic separatism, public security organs will "strike hard" against the activity, and judicial organs will "thoroughly and swiftly investigate criminal responsibility." Individuals and work units that engage in any of (3) through (6) above, including using the Internet to spread false information, will be subject to fines. In addition, Article 34 of the regulation requires Internet service providers and related administrators to "establish and perfect" an "inspection and control" system for Internet security, and Article 43 specifies fines and the possibility of criminal responsibility for violations of Article 34.
National Measures, Provincial Regulations Contain Some Similarities to Xinjiang Regulation
Previous national measures on Internet use and those from other localities in China also have addressed state security, separatism, ethnic unity, and the spread of rumors. Articles 4 and 5 of the Measures for the Administration of Security Protection of Computer Information Networks With International Connections, issued in 1997 by the Ministry of Public Security, prohibit use of the Internet that "endangers state security" and specify that work units and individuals must not use the Internet to "produce, duplicate, look for, or disseminate" information that "incites separatism" or "ethnic hatred," "destroys the unity of the nation" or "ethnic unity," or "spreads false information," among other acts. Articles 20 and 22 of these national measures also specify fines for violations and stipulates that criminal responsibility will be pursued for serious violations. See related provisions directed at Internet news and information services work units in Article 15 of the Measures for the Administration of Internet Information Services and Article 19 of the Provisions on the Administration of Internet News Information Services. At least two local regulations, the Hangzhou Municipality Computer Information Internet Safety and Protection Management Regulation (Article 23), and the Ningxia Hui Autonomous Region Regulation on Computer Information Systems Security Protection (Article 17), both issued this year, contain detailed lists of prohibited acts similar to the above national measures and to the relevant articles of the XUAR regulation, as well as stipulations on pursuing criminal responsibility for some violations (Articles 42 and 33, respectively). In the past two years, other areas of the country have issued informatization promotion regulations, including Beijing, Tianjin, Shandong, and Yunnan, which are similar to the new XUAR regulation in their general aims of information promotion. They do not contain the same detailed list of prohibited Internet activity, but some of the regulations contain prohibitions on endangering state security or other acts and penalize violations. (See Articles 36 and 47 in the Beijing regulation and Article 38 of the Shandong regulation.)
International human rights standards permit restrictions on free expression in order to protect public interests such as state security, but Chinese officials exceed such allowances by using regulations such as the one recently passed in the XUAR to target expression that the Communist Party deems to be a threat to its own, as opposed to the public's, interests. For more information, see Section II!Freedom of Expression!Censorship of the Internet and Cell Phones in the CECC 2009 Annual Report.
Xinjiang and Beijing Authorities Detain Internet Posters, Bloggers
The XUAR regulation indicates the government has placed a renewed emphasis on regulating and punishing certain types of Internet activity following events in July, but XUAR authorities have punished people for similar activity in the past. In March 2009, Chinese state media reported that authorities initiated prosecution against a man identified only as "Ya" after he allegedly "spread rumors" and fabricated information on the Internet about a clash in Shayar County, Aqsu district, between Uyghurs and Han. A XUAR media report said that Ya's articles were used by foreign Web sites that aimed to "disrupt ethnic unity" and "influence social stability." In a case involving both sharing information overseas and posting it on the Internet in China, in December 2007, authorities in Turpan detained Ekberjan Jamal after he took audio footage of shopkeepers' demonstrations, sent it to foreign media outlets, and published the media outlets' news on his own Web site. The Turpan Intermediate People's Court sentenced him in February 2008 to 10 years in prison for splittism and revealing state secrets. (See previous CECC analysis for more information on the cases of "Ya" and Ekberjan Jamal.)
In a case outside of the XUAR but connected to events in Urumqi on July 5, Beijing authorities detained Uyghur scholar Ilham Tohti around July 8 after an official within the XUAR alleged Ilham Tohti's blog contributed to incitement of rioting on July 5. After holding Ilham Tohti in a hotel and within his home, authorities released him without charges on August 22, according to an August 24 Radio Free Asia report. Earlier in the year, Ilham Tohti had said that he had been repeatedly interrogated by police and informally accused of separatism. In a more recent case with an apparent connection to Internet use and events in July, XUAR authorities detained Dilshat Perhat (Dilixiati Paerhati), editor of the Web site diyarim.com, on August 7, according to an October 22 Amnesty International press release. Specific details about his current detention are not available, but authorities had earlier questioned him about events in Urumqi in July, the press release reported.
For more information on conditions in the XUAR, see Section IV!Xinjiang in the CECC 2009 Annual Report. For more information about Internet censorship generally in China, see Section II!Freedom of Expression in the CECC 2009 Annual Report.
| Source: -See Summary (2009-10-13 / English) |
Posted on: 2009-12-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=130352 |
Three Provinces Issue New or Amended Regulations on Religion
The Chinese government has taken steps in recent years to pass more legislation to regulate religion. Since the central government implemented a national regulation on religion in 2005, a number of provinces have followed suit with their own regulations, including three provinces which passed new or amended regulations this summer or fall. Such regulations provide a measure of protection for some religious activities, but such protection is limited in scope and applies only to state-sanctioned religious communities. In addition, while the new pieces of legislation, which incorporate national requirements, lend a measure of transparency and consistency to government regulation of religion, they also articulate tighter controls in a number of areas, as compared to the older regulations they amend or replace.
Three provincial governments have issued new or amended regulations on religious affairs to take effect in the summer and fall of 2009, continuing a trend in issuing revised or new provincial-level legislation on religion since the State Council Regulation on Religious Affairs (RRA) entered into force in March 2005. The new or amended pieces of legislation are the Jiangsu Province Regulation on Religious Affairs (Jiangsu RRA, amending the 2002 regulation via a decision on May 20, 2009, effective July 1), the Hubei Province Regulation on Religious Affairs (Hubei RRA, adopted July 31 and effective October 1, nullifying a 2001 regulation), and the Hainan Province Provisions on the Management of Religious Affairs (Hainan provisions, adopted September 25 and effective December 1, nullifying a 1997 regulation.) Since the national RRA entered into force in 2005, the governments of Shanghai, Shanxi, Henan, Zhejiang, Anhui, Beijing, Chongqing, Hunan, Liaoning, Sichuan, Tibet Autonomous Region, Hebei, Jiangxi, and Shaanxi also have reported issuing new or amended regulations on religious affairs.
As noted in the Congressional-Executive Commission on China 2009 Annual Report, the Chinese government uses law as a tool to restrain, rather than protect, the right of all Chinese citizens to freedom of religion. Chinese government regulations on religion provide a measure of protection for some religious activities, but such protection is limited in scope and applies only to state-sanctioned religious communities. The regulations also impose tight controls and oversight over various religious activities. At the same time, recent efforts to legislate on religion have lent some formal transparency and consistency to government regulation of religion. The new regulations and provisions from Jiangsu, Hubei, and Hainan bring the provinces' legal regulation of religion up to date with national requirements and lend more clarity to the governments' regulation of religion. Both the Hubei RRA and Hainan provisions are roughly double in length over the regulations they replace, and all three new or amended pieces of legislation introduce more precision and some new explicit protections for religious communities. At the same time, more detailed stipulations also translate into more explicit controls over some aspects of religious practice. Some of the legislation also contains innovations apparently unseen in other recent regulations on religion.
Key features of the Jiangsu RRA, Hubei RRA, and Hainan provisions include:- Recognizing a "Positive Role" for Religious Communities. The amended Jiangsu RRA states in Article 1 that the regulation was drafted in part to "bring into play the positive role of public figures from religious circles and lay believers in the promotion of social and economic development," apparently the first regulation to include such language since high-level Communist Party officials and statements began to articulate a "positive role" for religious communities. Article 5 of the Hubei regulation also includes similar language. Despite articulating a "positive role" for religious communities, authorities have used the sentiment to bolster support for state goals more so than to accept and protect religious life within Chinese society. See the CECC 2009 Annual Report for more information.
- China's Five Recognized Religions. Article 2 of the Jiangsu RRA, retained under the amendments, defines religion to mean only the five religions recognized by the Chinese government: Buddhism, Catholicism, Daoism, Islam, and Protestantism. The article is similar to provisions in some other provincial-level regulations. Like the national RRA, neither the older 2001 Hubei regulation, the new Hubei RRA, nor the Hainan provisions include specific mention of the five groups, which conceivably could create space for local innovations in accommodating other religions. See CECC analyses on other provincial-level regulations (1, 2) for more information.
- Religious Activities in the Home. Similar to other recent regulations, Article 14 of the Jiangsu RRA states that religious activities are to be held at registered venues, and Article 19 of the Hubei RRA states that "in general" they are to be held in such venues. Article 11 of the Hainan provisions similarly provides that religious citizens can carry out religious activities in registered venues but also stipulates that they can "live a religious life within one's home," language on worship at home similar to a number of other recent regulations on religious affairs. Language on worship at home carries potential significance for groups of people who want to gather in private residences, outside of state-controlled venues, to hold worship services. As discussed in the CECC 2007 Annual Report, the Chinese government states there are no registration requirements for religious gatherings within the home, but continues to target some private religious gatherings for closure. For more information, see CECC analyses of other provincial-level regulations (1, 2).
- Property Protections. Compared to the 2002 version of the regulation, the amended Jiangsu RRA appears to refine and possibly increase property protections for venues for religious activities. Article 32 (revised from Article 30 in the 2002 regulation) lends more specificity to the circumstances in which local governments may demolish religious property and adds more specificity to the process for compensating religious groups. In addition, newly added Article 43 outlines steps including the possibility of criminal liability for people who violate Article 32 and demolish religious property without permission.
- More Specificity, New Deadlines for Official Actions. Some provisions in the new or amended pieces of legislation add specificity to older provisions or clarify them by specifying time limits for officials to make decisions that affect religious communities. See, e.g., Articles 19 and 23 (previously Article 22) of the Jiangsu RRA. Articles 14 and 15 of the Hubei RRA lend more specificity, consistent with the national RRA, to the process of establishing and registering venues for religious activity. For various provisions in the Hainan provisions (some without counterparts in the older regulation) that add time limits for official decisions, see, e.g., Articles 5, 6, 8, 9, and 13.
- Increased Controls. By introducing more clarity, the regulations also articulate more explicit controls in some cases. For example, the older Hubei regulation provided only a limited number of restrictions on the activities of religious personnel (See Article 7). The new regulation, in contrast, contains 6 articles (Articles 30-35) governing a wider scope of their activities. Some articles include new benefits—like the provision of insurance (Article 34)—but taken as a whole, the articles spell out more controls over the activities and qualifications of religious personnel. The Hainan provisions similarly articulate limits on religious personnel's cross-provincial movement (Article 10) missing from the older regulation.
- Penalties Changed. Article 41 (previously Article 38) of the Jiangsu regulation adds to and refines a list of activities that may meet with official sanction, such as religious personnel leading religious activities before their status has been put on file. Whereas under the 2002 regulation such activity could be fined, however, the new revisions only specify that religious affairs bureaus order the activities to stop. (Other articles in the amended Jiangsu RRA continue to specify fines and other penalties.) The 1997 Hainan regulation lacked provisions on liability. In contrast, the new provisions spell out both penalties for officials who abuse their power (Article 21) as well as for citizens or religious organizations that violate the provisions (Articles 22-27).
For more information on recent provincial regulations on religion, see CECC analyses of the Shanghai, Shanxi, Henan, and Zhejiang regulations, amendments to the Anhui RRA, amendments to the Beijing RRA, and new regulations from Chongqing and Hunan. See also the written statements of Eric Carlson, Bob Fu, and James Tong, from the CECC 2006 roundtable China's National and Local Regulations on Religion: Recent Developments in Legislation and Implementation, for their analyses of regulations. For additional information on religion in China, see Section II—Freedom of Religion in the CECC 2009 Annual Report.
| Source: -See Summary (2009-08-05 ) |
Posted on: 2009-12-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=127976 |
Chinese Professor Sues Customs Officials for Confiscating Books at Border
November 25, 2009
Chinese officials do not allow persons entering mainland China to bring in books considered by officials to "attack the Communist Party" or "harm China's politics," among other things. Thus, persons who obtain books in Hong Kong, Taiwan, or any other place, run the risk of having them confiscated at the Chinese border. One Chinese citizen, the noted professor Feng Chongyi, sued a customs office in Guangdong province for confiscating several books he purchased in Hong Kong, including books on political topics such as democracy in China and former Party general secretary Hu Yaobang. A court began hearing the case in mid-October 2009. Feng argued that in applying a policy of confiscating books at the border on the basis of vague categories and a list of banned books that is not publicly available, Chinese officials violated Article 4 of the PRC Administrative Punishment Law, which requires administrative penalties to adhere to "principles of fairness and openness," and failed more generally to adhere to fundamental principles of the rule of law.
Feng Chongyi, a noted Chinese professor, has filed a lawsuit against a Chinese customs office located in Guangdong province near Hong Kong after officials there confiscated 11 of his books, according to an October 22, 2009, Southern Weekend (SW) article (in Chinese, English translation provided by Danwei). According to the SW article, as Feng was entering China through Guangzhou city in Guangdong on June 5, 2009, officials at the Tianhe Station Customs Office confiscated the books during an inspection. The officials claimed the books had been banned. The books, described as "scholarly works purchased in Hong Kong" in the SW article, included a collection of essays discussing the roots of the Chinese Communist Party's power and the prospects for democracy in China (according to a description of the book on the Hong Kong Book City Web site), and two books relating to former Party general secretary Hu Yaobang. Hu's death in 1989 was followed by the student demonstrations in Tiananmen Square. The Guangzhou Intermediate People's Court reportedly began consideration of Feng's lawsuit on October 14.
Feng argued to the court that, because Chinese customs officials' actions were based on rules that were not published, they violated rule of law principles, according to the SW article. Feng cited Article 4 of the PRC Administrative Punishment Law, which requires administrative penalties to adhere to "principles of fairness and openness." Feng said the customs office failed to publish either a list of banned books or concrete standards for determining which books may be prohibited from entering China. The SW, citing its own sources, explained that customs officers at major inspection rooms have an internal list of banned printed materials, which they keep secret from both the general public and even customs officers in other departments. The Tianhe Station Customs Office argued that the books fell within the list of prohibited items under the Measures for Overseeing the Import and Export of Printed Materials and Audio-Visual Materials Through Customs and the List of Prohibited Items for Import and Export. Feng noted that while the List of Prohibited Items for Import and Export includes a prohibition on materials "harmful to China's politics, economy, culture, or morals," the public would not know how to abide by the law without a more specific list of banned books. The SW article said Feng's experience of having books confiscated at the border was a common one for persons going through Chinese customs.
Besides Feng, other Chinese persons have sought to challenge the actions of Chinese customs offices in the past, with limited success. According to the SW article, seven years ago customs officials at the Beijing Capital Airport confiscated the book, How the Red Sun Rose: The Origin and Development of the Yan'an Rectification Movement, from a Beijing lawyer returning from Hong Kong. In what was considered the first lawsuit challenging customs' confiscation of printed materials in China, the lawyer Zhu Yuantao won on appeal before the Beijing High Court. Among its findings, the court found that China's central customs agency, the General Administration of Customs, had not acted in accordance with the PRC Customs Law and other relevant laws and regulations, because the agency based its decisions on a list of banned items developed internally as opposed to a published list that had been confirmed by the State Council. Two months later, however, the court changed its decision and affirmed the actions of the customs office, according to the SW article. (For an English account of the lawsuit and Zhu's attempt to obtain the confiscated book, see an October 23, 2003, Shanghai Star article via China Daily). In a case from 2008, according to the SW article, customs officials in Fuzhou city, Fujian province, seized copies of a book being sent to Fujian author Chen Xiwo from Taiwan. The book was the traditional-character edition of a book Chen had written and which already had been published in China. The ten stories featured in the book also had been published in well-known literary magazines in China. Chen lost both the original suit and the appeal, and both courts held closed proceedings because the case allegedly "involved state secrets."
The Chinese government's measures that prohibit entry of books and reading materials the content of which officials deem unacceptable fail to comply with international human rights standards. Both the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), which China has signed but not yet ratified, provide for a right to freedom of expression, including the right to "seek, receive and impart information and ideas...regardless of frontiers." Both the UDHR and ICCPR allow governments to impose restrictions on this right, but only if the restriction is "provided by law" (Article 19 of the ICCPR) or "determined by law" (Article 29 of the UDHR). As illustrated in the Feng case, the overly vague categories of prohibited content suggest that the Chinese government's restrictions in practice are not determined by law, and are not clearly provided by law. Article 4 of the Measures for Overseeing the Import and Export of Printed Materials and Audio-Visual Materials Through Customs, for example, provides a list of 12 categories of prohibited content, including content that "harms the honor or the interests of the nation," "attacks the Chinese Communist Party or slanders the government of the People's Republic of China," or "propagates evil cults or superstition," or "other content prohibited by laws, administrative regulations or provisions of the State." In addition, under both the UDHR and ICCPR, a government may restrict freedom of expression only to the extent "necessary" for (Article 19 of the ICCPR) or "solely for the purpose of" (Article 29 of the UDHR) protecting specific public or private interests, including national security, public order, or an individual's reputation. Chinese officials, however, use the law to restrict citizens' access to reading materials that contain political content that is merely unacceptable to the Communist Party or Chinese government, and that does not pose a threat to one of the specific public or private interests set forth in the UDHR and ICCPR.
For more information on the Chinese government's regulation of domestic publications, see Section II!Freedom of Expression!Government Regulation of the News Media and Publishing, in the CECC 2009 Annual Report.
| Source: -See Summary (2009-11-19 / English / Free) |
Posted on: 2009-12-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=131524 |
Chinese Activist Feng Zhenghu Living at Narita Airport, Blocked by Chinese Authorities From Returning Home
December 3, 2009
Chinese authorities have prevented Chinese citizen Feng Zhenghu from returning home to Shanghai from Tokyo, in contravention of the right to return to one's own country set forth in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Since November 4, Feng has been living at Tokyo's Narita Airport, refusing to enter Japan and demanding his right to return to China. Feng has become a cause celebre -- a symbol for the right to return home; he is receiving food, daily necessities, and moral support from the Chinese diaspora as well as mainland Chinese.
Introduction
Feng Zhenghu, a 55-year-old Shanghai-based Chinese citizen, who holds a valid Chinese passport, is currently engaged in a peaceful protest at Tokyo's Narita Airport, after having been refused re-entry into China eight times since June 2009, according to a November 16 Sound of Hope report, a November 14 Financial Times (FT) article (registration may be required), and Feng's own account. According to a November 16 FT report (registration may be required), Feng's eighth attempt to return to Shanghai on November 4 ended with his forcibly being put on an All Nippon Airways (ANA) flight back to Tokyo by Shanghai police and an ANA employee. Although Feng holds a valid Japanese work visa, which permits him to travel freely to Japan, he refuses to enter Japan. Feng told the Financial Times that "[f]or a Chinese to be kidnapped and taken to Japan like this is a humiliation for me and a humiliation for China."
Feng has become a symbol for the right of Chinese to return to China. Various Chinese groups around the world (including some Chinese activists who similarly have been forced into exile) have mobilized on Feng's behalf to provide him with food, supplies, and technical support to enable him to use Twitter to post updates about his current situation using his mobile phone, according to Feng's essay, entitled "Feng Zhenghu's Twitter," the Sound of Hope report, and the November 16 FT article. Chinese citizens within China also are expressing support for Feng (see, e.g., appeals to help Feng issued by a group of Shanghai petitioners (here), and a group of Sichuan writers, activists, and others (here). As with the recent case of Li Jianhong (aka Xiao Qiao), the Shanghai writer whom Chinese authorities forced into exile in Sweden by blocking her from re-entering China, the Chinese government's actions in prohibiting Feng from entering China contravene Article 13(2) of the Universal Declaration of Human Rights, which provides: "Everyone has the right to leave any country, including his own, and to return to his country." In addition, Article 12(4) of the International Covenant on Civil and Political Rights, which China has signed but not yet ratified, states: "No one shall be arbitrarily deprived of the right to enter his own country."
Background
Feng Zhenghu, who holds a master's degree from Shanghai's Fudan University, is a human rights activist, writer, and signer of Charter 08. From 2001 to 2004, Feng served a three-year prison sentence for "illegal business activities" related to his independent publication of a book about Japanese companies in China, according to a statement issued by PEN Canada (PEN) and an Associated Press (AP) article (via Guardian). Following Feng's release from prison in 2004, he began to petition for his innocence and collect accounts of cases of injustice in the Shanghai court system, according to PEN and a June 6, 2008, Chinese Human Rights Defenders (CHRD) report. In recent years, Feng has become well-known for assisting petitioners to protect their rights, according to two Radio Free Asia (RFA) articles (on November 4 here, and November 12 here). Earlier this year, during the "sensitive period" leading up to and including the annual March meeting of the National People's Congress in Beijing, Feng spent over a month in a black jail in Shanghai. According to Feng's account (via CHRD) and a March 16 CHRD report, on February 15, 2009, Shanghai authorities and unofficial personnel kidnapped Feng in Beijing while he was walking en route with petitioners to a meeting with a lawyer, and forcibly returned him to Shanghai, where he was detained illegally in a black jail. On April 1, 2009, about a week after his release from the black jail, Feng traveled to Japan!where he had lived and studied from 1991 to 1998!in order to rest and recuperate, according to an article about Feng in the September 2009 issue of Dongxiang (Trends) Magazine (via New Century Net).
Feng Attempts To Return to Shanghai From Tokyo
Feng's first attempt to return to Shanghai from Tokyo was on June 7, 2009, but Shanghai authorities blocked his entry into China, thus leading him to where he is today: living in the south wing of Terminal 1 at Narita Airport. According to the AP report (via Guardian), Feng has attempted to return to Shanghai eight times: four times he made it to Shanghai's Pudong Airport but was refused entry and sent back to Japan; the other four times he was prevented from boarding flights in Tokyo headed to Shanghai. On his eighth attempt to return to Shanghai on November 4, Feng arrived at Pudong Airport, but forcibly was put on an ANA flight back to Tokyo. The November 16 FT article (registration may be required) reports that ANA told the FT that "its staff had needed to use 'just a little bit' of force to ensure Mr. Feng was on the flight, since it was already an hour late and Shanghai authorities had made it clear it could not depart until he was on board." Feng told the FT that he would only agree to enter Japan if ANA promised to take him back to China. Feng has filed several lawsuits in Japan against the airlines (Air China International and Northwest Airlines) that prevented him from boarding Tokyo-to-Shanghai flights, according to a November 4 RFA report. In late October 2009, well-known human rights lawyer Mo Shaoping filed a lawsuit in Shanghai against the border control authorities at Pudong Airport on behalf of Feng. Mo told RFA: "If the airport authorities bar the entry of a Chinese citizen, they have to present a formal written notice detailing the legal basis for their action. But up until now, Feng Zhenghu never received any formal document to explain why he cannot return. Thus this banning is not a just and legal action." As of November 18, the Chinese government still had not given Feng any reason for its refusal to let him return to China, according to an article in the Los Angeles Times (LAT).
Overseas Chinese and Citizens in China Mobilize To Support Feng
Chinese activists around the world have mobilized to send food, supplies, and moral support to Feng, and to publicize his cause. For example, Chinese democracy activists in Canada and Denmark have gone to the international airports in Vancouver and Copenhagen to ask passengers heading to Tokyo to support Feng by bringing him food and other necessities, according to a November 12 report in RFA, and the Sound of Hope article. Chinese students from Hong Kong and Taiwan have made special trips to Narita to bring Feng food and supplies (see the November 18 LAT article, and press releases dated November 12 and November 19 from the U.S.-based non-governmental organization Initiatives for China). In addition to the open letters calling for support for Feng from groups of Chinese citizens in Shanghai and Sichuan mentioned above, Feng has received telephone calls, letters, tweets, and other support from Chinese citizens in mainland China. Famous artist and blogger Ai Weiwei, for example, has visited Feng and is making a video about him, according to a Canwest News Service article, and Feng's post on Google Docs. As of December 1, more than 5,000 people were following Feng on Twitter.
For more information on restrictions on movement in China, see Section II!Freedom of Residence!Liberty of Movement in the CECC 2009 Annual Report, and for more background information on Feng, the CECC Political Prisoner Database for a record of Feng's detentions in 2008 and 2009.
| Source: -See Summary (2009-11-19 ) |
Posted on: 2009-12-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=132290 |
Authorities Raid Unregistered Church in Shanxi, Beat and Detain Leaders
December 7, 2009
Since mid-September 2009, authorities in Shanxi province have forcefully suppressed a local unregistered Protestant congregation through beatings and detention of church leaders and demolition of the church facility. Several church leaders have since been sentenced to prison terms or ordered to serve reeducation through labor. National regulations on religious affairs require Protestant groups and other recognized religious communities to register with the government and affiliate with a "patriotic religious organization" that oversees their affairs on behalf of the government. Many refuse to register, as registered congregations are subject to state monitoring of church members, interference in clergy appointments, mandatory political study sessions for pastors, and restrictions on theology and topics for preaching. Police raids against unregistered congregations and forced closure and demolition of their churches persist in many localities.
In the early morning hours on September 13, 2009, Fushan county authorities in Shanxi province led over 400 public security officers in a violent raid against an unregistered Protestant church called the Shanxi Linfen Christian Church, according to eyewitness accounts reported by ChinaAid on September 15, AsiaNews Italy (ANI) on September 17, and Radio Free Asia (RFA) on September 21. The raid lasted for several hours and reportedly involved the use of two bulldozers to raze the factory building that served as a meeting place for the church. Linfen municipal officials characterized the raid as an effort to "ban illegal buildings," according to the RFA report.
Police conducting the raid reportedly used force against members of the congregation who were sleeping in the building at the time. One eyewitness indicated that police used blunt instruments such as bricks, iron bars, and garden hoes to strike church members (ChinaAid, 9/15 and 11/13). At least 100 individuals were wounded in the raid, several lost consciousness, more than 10 were described as "bleeding heavily," and several required hospitalization (ChinaAid 9/15; ANI, 9/17). The raid reportedly reduced the building to rubble, and police destroyed, and in some cases confiscated, various other kinds of church property (ANI, 09/17). Eyewitnesses told ChinaAid on October 18 that a force of 80 police officers and 10 police cars continue to guard the former church site to prevent the congregation from accessing the area.
Authorities have detained several members and leaders of the Linfen Christian congregation in the weeks following the raid and taken punitive measures against another unregistered church in the area. According to ChinaAid reports from September 22 and October 18, public security officials seized a young church member named Shan Yongchang on September 17 and held him in detention for 23 days for sending text messages describing the raid to friends and family living outside the area. On September 25, local authorities detained pastors Wang Xiaoguang and his wife Yang Rongli, along with at least six other church leaders for attempting to petition central government authorities for redress. On October 11, public security officials reportedly raided the homes of several church members, leading to the detention of an additional 10 members (ChinaAid, 10/18). A few days after the raid, authorities disconnected the electricity, water supply, and telephone services to the Jindeng Church in apparent retaliation for assistance it provided to victims of the raid against Linfen Christian Church (ChinaAid, 9/22). Members of the Linfen Christian Church remain under constant police surveillance. Officials have reportedly intervened to prevent adult church members from receiving wages due to them and barred their children from attending school (ChinaAid, 11/13).
Local officials have targeted Pastor Yang Rongli for the most severe treatment, and according to the October 10 Detention Notice (via ChinaAid, 11/13), authorities have formally charged her with "illegally occupying agricultural land and gathering a mob to disturb traffic." On September 27, the Linfen Municipal Bureau of Ethnic and Religious Affairs issued an official statement outlining the alleged "illegal activities" that Yang had engaged in. Among other things, Yang was accused of having "illegally held religious activities" and "illegally shared the Gospel" with youth. On November 2, a judge from the Linfen Municipal Intermediate Court reportedly instructed the families of five church leaders in detention, including Yang's husband, to obtain counsel quickly for an upcoming trial, according to a November 13 ChinaAid report. However, authorities have prohibited attorneys from seeing Yang and transferred her to the Taiyuan Municipal Detention Center in the capital of Shanxi province (ChinaAid, 11/13). ChinaAid reported on November 25 that the Yaodu District People's Court tried Yang and Wang Xiaoguang, along with three other church leaders, on November 25, and sentenced them that day. Yang was sentenced to seven years in prison for "illegally occupying farm land" and "gathering a mob to disturb traffic." Wang Xiaoguang, Yang Xuan, and Cui Jiaxing received sentences of three years, three and a half years, and four and a half years, respectively, for the first charge, and Zhang Huamei received a four-year sentence for the second charge. In addition, authorities ordered church leaders Li Shuangping, Yang Hongzhen, Yang Caizhen, Gao Qin, and Zhao Guoai to serve two years of reeducation through labor on November 30, according to a December 1 ChinaAid report. Authorities said the five people had "gathered people to disturb public order" after they organized a prayer rally on September 14.
Two official reports posted in August 2009 on the Web site of the Linfen Municipal People's Government foreshadowed the crackdown against unregistered churches, as the reports featured statements from top Communist Party leaders calling for tighter control of religious activities. According to one of the reports, dated August 18, Ding Wenlu, the local head of the Party's United Front Work Department, inspected the municipality's religious affairs work on June 16 and urged officials to recognize the "high degree of political sensitivity" surrounding their work. Ding issued a "clear demand" that officials must "pay close attention to´ and promptly dispose of´illegal religious activities according to the law." At a government meeting on "safeguarding stability" held in Linfen on June 25, reported in an August 18 article, Xie Hai, the Secretary of the Municipal Party Committee, emphasized the need to "strengthen management of religious and ethnic affairs work," which he characterized as "having extraordinarily important significance for safeguarding the overall stability of the entire city." Xie called for officials to "go a step further to strengthen punishment of illegal religious activities and strike hard against those who wear the cloak of religion and use religion to conduct various divisive sabotage activities."
For more information on the government's suppression of unregistered Protestant churches in particular and its regulation of religion more broadly, see Section II!Freedom of Religion!Protestantism in the CECC's 2009 Annual Report.
| Source: -See Summary (2009-11-19 / English) |
Posted on: 2009-12-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=132274 |
Ministry of Public Security Cracks Down on Abduction and Sale of Women and Children
November 24, 2009
In April 2009, the Ministry of Public Security launched a nationwide campaign to combat the abduction and sale of women and children. As of October 28, over 6,000 victims reportedly had been rescued through the campaign. The growing problem of human trafficking in China has been linked to, among other issues, imbalanced gender demographics resulting from the government's one-child policy and a traditional preference for male offspring, and continued demand for inexpensive labor.
The Ministry of Public Security (MPS) announced (via Chinanews.com) on November 5, 2009, that it had rescued more than 6,000 victims (2,169 children and 3,851 women) during a nationwide anti-trafficking campaign that began in April. According to a separate November 5 announcement on the official MPS Web site, as part of the campaign, the MPS set up a national DNA database to help identify missing children and match them with their biological parents. The MPS posted 60 photos of children who could not be identified on a special Web site dedicated to the campaign, and as of October 27, 2009, 3 of the unidentified children had been reunited with their parents, according to the site.
Lack of reporting and investigation of cases, as well as official and parental complicity in child abduction remain challenges in the Chinese government's fight against human trafficking. According to an October 29 China daily article, 30,000 to 60,000 children are reported missing every year. "Many, if not most" cases of abduction in China are not formally registered or investigated as authorities are "unwilling or unable to investigate crimes that involve crossing provincial borders," according to an October 29 Ottawa Citizen report. According to a September 20 Los Angeles Times article, parents in China have reported that their children were "taken away by coercion, fraud or kidnapping—sometimes by government officials who covered their tracks by pretending that the babies had been abandoned." The Associated Press and CNN (via Google) reported on October 23 and 29 respectively that returning children to their parents can be problematic as some children were sold by their parents.
Reports link the growing problem of human trafficking in China to, among other issues, imbalanced gender demographics resulting from the government's one-child policy and a traditional preference for male offspring, as well as continued demand for inexpensive labor. According to Lu Dongxiao, a judge at the Shouguang City People's Court in Shandong province, referenced in a May 2 China Daily article, the demand for male heirs is one factor driving trafficking in children. The BBC reported on October 28 that baby boys sometimes sell for as much as US$6,000, while girls are sometimes sold for just US$500. An October 28 Telegraph (UK) article noted that abducted women and girls are often sold as wives in regions where men outnumber women. According to the aforementioned September 20 LA Times article, some Chinese parents of abducted children believe the money adoptive parents pay to orphanages may be incentivizing family planning officials to abduct and sell the children of parents who exceed quotas outlined in the population planning policy.
The Ministry of Public Security's campaign against the abduction and sale of women and children addresses only certain aspects of the problem of human trafficking as defined by international standards. As noted in the Commission's 2009 Annual Report, the legal definition of trafficking under Chinese law is narrower in scope than the definition provided in Article 3 of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which China has not yet signed. Chinese authorities' anti-trafficking efforts are focused disproportionately on the abduction and sale of women and children while giving less attention to other forms of trafficking!such as trafficking for forced labor and for commercial sexual exploitation. This narrow focus has negative implications for anti-trafficking work in China, including the government's prosecution efforts, protection of victims, and funding.
For more information on human trafficking in China, see Section II!Human Trafficking in the Commission's 2009 Annual Report.
For more information on the Chinese government's population planning policy and its impact on Chinese society, see Section II!Population Planning in the Commission's 2009 Annual Report.
| Source: -See Summary (2009-11-24 / English) |
Posted on: 2009-12-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=132227 |
Authorities Execute 9 After Trials in Xinjiang Marked by Due Process Violations
November 30, 2009
Authorities have executed nine men, mostly Uyghurs, found guilty by a court in the far-western region of Xinjiang of committing violent crimes during unrest in Xinjiang in July. Amid controls over the free flow of information from Xinjiang, available information indicates the trials were marked by violations of international standards for due process including judges selected for "political reliability" and curbs on defendants' right to independent counsel. Authorities also reported in recent months on steps to detain and initiate prosecution against other people for acts connected to events in July.
Following the forceful police suppression of a demonstration by Uyghurs on July 5 and outbreaks of violence starting that day in Urumqi, Xinjiang Uyghur Autonomous Region (XUAR), authorities executed nine men in November found guilty of committing crimes in July, according to a November 10 China Daily report and November 10 Xinhua report (via 163.com). The men executed, apparently 8 Uyghurs and 1 Han, were among 21 people sentenced on October 12 and October 15 for crimes including intentional homicide, arson, robbery, and property damage. Authorities sentenced 12 of the 21 men to death, but gave a two-year reprieve to 3 of them. The XUAR High People's Court reviewed all the verdicts, 15 of which had been appealed, and upheld the original judgments on October 30. (See a previous CECC analysis, with updated information at the end of the analysis, for information on the October trials and appeal.) The executions followed a mandatory review of the death sentences by the Supreme People's Court (SPC) of China, according to the reports, a practice which the SPC resumed in January 2007 and that is stipulated under Article 199 of the PRC Criminal Procedure Law. (See Section II!Criminal Justice in the Congressional-Executive Commission on China 2009 Annual Report for more information on death penalty review.) Amid continued controls over the flow of information from the XUAR, available information indicates trials were marked by violations of international standards for due process including judges selected for "political reliability" and restrictions on defendants' right to have independent legal defense during the trials. Article 10 of the Universal Declaration of Human Rights and Article 14 of the International Covenant on Civil and Political Rights (ICCPR), which China has signed and pledged to ratify, provide for fair trials including through an "independent and impartial tribunal." Article 14 of the ICCPR also provides for the right to legal assistance of one's choice. General Comment Number 13 to this article provides, "Lawyers should be able to counsel and to represent their clients in accordance with their established professional standards and judgement without any restrictions, influences, pressures or undue interference from any quarter."
Politicized Courts
Official reports from state media indicate political considerations guided the trials, undermining the possibility that defendants had fair trials based on international standards for due process. Initial reports from official media stressed that XUAR authorities had selected judges for the trials who had "political reliability" and "high proficiency in policy." (See, e.g., an article from the Legal Daily (via Gansu Daily, July 16), and a July 28 Xinhua Xinjiang report.) The judges participated in training on issues including the "relevant national and XUAR policies and laws concerning the 7-5 [July 5] incident," according to the Xinhua report. In addition, personnel throughout the XUAR court system received training on state policy toward events on July 5. The Party Committee of the XUAR High People's Court distributed a "Propaganda Education Manual on the Truth about the Urumqi '7-5' Incident" and "guided and educated" personnel to "strengthen their political awareness and ability to discern political matters," according to an August 3 report from Xinjiang News Net. A Xinjiang Daily report (via Xinjiang News Net, October 14) about a meeting of XUAR officials and legal scholars said the participants described the October 12 trial as the "outcome of proper leadership by the Communist Party, State Council, and XUAR Party Committee and government," also calling into question the likelihood of fair trials free from political influence.
State Places Curbs on Independent Legal Defense
Authorities have provided limited information on legal defense. Official media quoted authorities who stated all defendants tried in October had lawyers, but earlier reports indicated lawyers faced barriers to representing clients free from state interference. Of the 21 people announced on September 25 to go to trial, 4 had retained their own lawyers, and 17 had lawyers appointed by the court, according to a procuratorate official cited in an October 12 People's Daily article. The 7 people tried on October 12 were all represented by lawyers at trial, who were the same ethnicity as the defendants they represented, according to a XUAR Party school professor and Xinjiang Lawyers Association official quoted in the same article. Lawyers for the defendants also presented defense arguments (bianhu yijian) during the court hearing on October 14, according to an October 15 Xinhua article, and during the court hearing for the XUAR High People's Court's review of the cases, according to a Xinhua report (via Sina, October 30).
The statements follow information that authorities in the XUAR and elsewhere had restricted lawyers' defense activities and clients' right to have independent counsel, calling into question the nature of the legal defense during the October trials. In July, Beijing authorities issued orders dictating the terms upon which lawyers could be involved in cases related to events on July 5, and Beijing authorities are reported to have separately warned human rights lawyers against taking the cases. Li Fangping, a human rights lawyer in Beijing, said he was not aware of any Beijing lawyers who were representing defendants in the Xinjiang trials, according to an Agence France-Presse article (via Bangkok Post, October 17). In July, authorities in the XUAR also reportedly ordered lawyers not to take cases on their own initiative and instead let authorities "arrange" all defense efforts. The same month, the Xinjiang Lawyers Association reported that the XUAR Justice Department would arrange criminal defense for suspects who go to trial, selecting Uyghur lawyers and giving them training in criminal law, raising questions about the lawyers' background in criminal law and whether the training would be used to enforce political agendas. See a previous CECC analysis for additional information.
Detentions Continue, "Strike-Hard" Campaign Launched
The October trials came amid news of ongoing steps to detain and initiate prosecution against other people in connection to events in July. Authorities launched a 100-day campaign in September to "capture suspects" in relation to the July events, and as of mid-October, more than 200 people had been detained, according to Chen Qibiao, a legal scholar and director of the legal division of the XUAR Party School, as cited in a Xinjiang Daily report (via Xinhua, October 16). Authorities also launched a "strike hard" campaign in the region starting in November, which will be used in part to continue detaining people in connection to events in July, according to November 2 Xinhua reports (English, Chinese via Sohu). As noted by the CECC in a previous analysis, official Chinese reports on detention numbers connected to events in July have been inconsistent in some cases, and some overseas media reports have suggested that the number of people held in some form of custody exceed detention numbers reported at different times by official Chinese sources. In an October report, Human Rights Watch documented 43 cases of forced disappearance outside the formal protections of Chinese criminal law. Among people officially reported to be detained, Xinhua reported that the Urumqi procuratorate initiated prosecution on November 9 against 20 additional people in 10 cases. (See the Chinese-language report via Net Ease, October 10, and the October 9 English-language report).
UPDATE, December 4, 2009:
In verdicts announced on December 3 and December 4, the Urumqi Intermediate People's Court found 20 more people guilty of crimes committed in early July, including intentional homicide, arson, robbery, carrying out explosions, and intentional injury, according to Xinhua reports from December 3 (English, Chinese) and December 4 (English, Chinese). On December 3, the court sentenced five people to death, two people to life imprisonment, and six to prison terms between 10 and 20 years, all for crimes committed on July 5. All of the people sentenced who were identified in the December 3 Chinese-language report appeared to have Uyghur names. The following day, the court sentenced three people to death, one to life imprisonment, and three to prison terms between 10 and 18 years for crimes committed on July 5, 6, and 7. Based on the names provided in the December 4 Chinese-language Xinhua report, two of the defendants, including one sentenced to death, appeared to be Han and the remainder Uyghur. According to the articles, the trials took place in the languages of the defendants and included interpretation. Lawyers retained by the defendants and court-appointed lawyers presented their legal defense during both trials, which were attended by "hundreds of people," according to the reports, including regional and municipal people's congress representatives, reporters, and family members of defendants and victims at the December 4 trial, according to the December 4 Chinese-language report.
For additional information on conditions in the XUAR, see Section IV!Xinjiang in the CECC 2009 Annual Report.
| Source: -See Summary (2009-11-12 / English) |
Posted on: 2009-12-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=131859 |
Demonstrations Take Place Again in Xinjiang Following Reported Syringe Attacks
Demonstrations--primarily by Han Chinese--took place in Urumqi, capital of the far western region of Xinjiang, in early September. The demonstrations came roughly two months after a demonstration by Uyghurs on July 5 and outbreaks of violence in the city starting that day. In the September demonstrations, participants protested the government response following events on July 5 and following reports that people had randomly attacked Urumqi residents with syringes. Crowds of people reportedly attacked some bystanders or people believed to have committed the syringe attacks, and police reportedly clashed with some protesters. Officials announced that five people died during one day of the demonstrations. Within a short period of time after the September demonstrations, authorities tried and convicted several people charged with syringe attacks.
Demonstrations--primarily by Han Chinese--took place in Urumqi, capital of the Xinjiang Uyghur Autonomous Region (XUAR), in early September, following almost two months after a demonstration by Uyghurs on July 5 and outbreaks of violence in the city starting that day. During the September demonstrations, participants protested the government response following events on July 5 and after reports that primarily Han residents of Urumqi alleged that persons they believed to be Uyghurs had randomly attacked them with syringes. Following gatherings on September 2, according to Xinhua, the demonstrations swelled on September 3, and additional demonstrations and gatherings continued into the following days. (See, e.g., September 3 Agence France-Presse (AFP) (via The Free Library) and Reuters reports, September 4 reports from the Associated Press (AP) (via Toronto Star) and Xinhua (1, 2), a September 5 Xinhua report (via China Daily), and a September 7 Reuters report.) Urumqi deputy mayor Zhang Hong said on September 4 that 5 people died and 14 were injured during demonstrations on the previous day, and 2 of the dead had been "confirmed as innocent civilians," according to the second September 4 Xinhua report. During the demonstrations, protesters reportedly called for the resignation of XUAR Party secretary Wang Lequan, according to the Reuters and AP reports. Authorities have blamed "separatist forces" for the syringe attacks and strife in the region (see below for details), but also removed Urumqi Party secretary Li Zhi and XUAR public security department director Liu Yaohua from their positions on September 5, following the start of the September demonstrations. They have been replaced with other officials from within the XUAR Party apparatus and government. (See a September 5 Xinhua report, via CCTV.)
Authorities Disperse Crowds With Tear Gas, Impose Ban on Demonstration
Authorities used tear gas on crowds and reportedly beat some protesters, while media reported on cases of crowds beating bystanders or people believed to have committed syringe attacks. A journalist from Hong Kong described being among a crowd of people on September 4 whom police tear gassed, detained, and beat. The reporter was released from detention, along with two photographers, that day, according to a September 4 South China Morning Post (SCMP) article (subscription required, searchable through the archive). (In addition, see information on the use of tear gas in the September 5 Xinhua report via China Daily. See a September 7 SCMP article on reporters from Hong Kong detained again in Urumqi as they attempted to carry out interviews of people who had been tear gassed.) The Xinhua report said "victims sought revenge" on two alleged syringe attackers, and that public anger after police isolated the alleged attackers led police to use the tear gas. The AFP and September 7 Reuters reports cited sources who said Uyghurs had been beaten by crowds. A September 4 Xinhua report said crowds had beaten "suspects" who had been "caught...when attacking members of the public." Authorities issued a ban against unlicensed demonstrations on September 4 (see September 4 Xinhua reports in English and translation of the Chinese text from the China News Service in Open Source Center, subscription required), following an earlier ban issued after the July 5 demonstration. According to the Chinese text of the September ban, authorities may use force to disperse crowds.
Syringe Attacks Attributed to "Three Forces"
Official media and government portrayals of the July and September demonstrations have pinpointed activities by Uyghurs as the root of conflict and have downplayed Uyghur sources of grievances. In contrast, while authorities clamped down on the September demonstrations by Han Chinese, government authorities and official media appear to have taken a sympathetic stance toward the sentiments stoking those demonstrations. Urumqi deputy mayor Zhang Hong said that Uyghurs had carried out the syringe attacks, according to the September 5 Xinhua report (via China Daily). A September 5 Xinhua report described obtaining drug money as the motivation of one threatened syringe attack and robbery. Authorities more broadly attribute the attacks to "separatists." Minister of Public Security Meng Jianzhu described the syringe attacks as a continuation of attacks instigated by "ethnic separatist forces" on July 5 (Xinhua, via China Xinjiang Net, September 7), and Zhang Hong attributed the syringe attacks to the "three forces" of terrorism, separatism, and religious extremism (Xinhua, September 4). The government similarly attributed events on July 5, a day when Uyghurs demonstrated to protest government handling of a reported attack on Uyghur factory workers and when acts of violence also occurred, to the "three forces" and to U.S.-based Uyghur rights advocate Rebiya Kadeer in particular. Zhang Hong was paraphrased as attributing the source of the September demonstrations to "panic and resentment from the public" caused by the syringe attacks. (Syringe attacks have been reported in the past in China, and in some cases, the extent of the threat appears to have been magnified by rumors and fear of HIV transmission, amid tight government controls over the flow of information. See a July 31, 2002, Kyodo article (via bnet) and February 20, 2002, Chicago Tribune article (via Aegis).) In Urumqi, as of September 4 "local authorities had confirmed 531 victims of hypodermic syringe stabbings in Urumqi, 171 of whom showed obvious syringe marks," according to a September 13 Xinhua report. Military medical specialists who examined cases of needle attacks found no evidence of viruses or chemicals, according to the report.
Reports Detail Punishment for Syringe Attacks, Launch Ideological Campaigns
In the days following the demonstrations, authorities carried out measures to curb the demonstrations and described steps to punish people for the syringe attacks and directives aimed also at punishing acts such as spreading rumors about the attacks. A September 6 notice (described in Xinhua, via the Hebei News Net) issued jointly by the Urumqi Intermediate People's Court, municipal procuratorate, and public security bureau, said needle attacks involving syringes filled with poison or discarded drug needles could result in punishments including death. Attacks involving clean needles or pins also will be subject to criminal punishment, as will intentionally spreading false information about the attacks, according to the notice. A September 7 notice (described in Xinhua, via China News Net) from the XUAR public security department also states that those involved in syringe attacks and intentionally alleging false syringe attacks will face punishment. According to a government spokesperson discussing the notice at a September 8 press conference (via Xinhua Xinjiang, September 9), authorities will punish attacks involving any type of tool, including tacks or pins, because the instances of syringe attacks are "a continuation of our battle with the enemy" after July 5 and are not "ordinary acts of harm, but...criminal acts that seriously harm social order and state security." Xinhua reported on September 9 that authorities had picked up 45 people and held 12 of them in detention. In addition, authorities sent eight people "for forced isolation of drugs," an apparent reference to forced drug detoxification. The public security bureau arrested 4 people on September 7, according to a September 8 Xinhua Xinjiang report. China Daily and Xinhua (via China Daily) reported on September 16 that 75 people to date had been taken into custody. In a rapid progression of the criminal process, three people were sentenced on September 12 to prison terms between 7 and 15 years for crimes related to needle attacks or threatened needle attacks, according to September 13 Xinhua (via China Daily) and September 14 China Daily reports. Four more people received prison sentences between 8 to 15 years on September 17, according to Xinhua reports (English, Chinese) from that day. According to the reports, one of the people sentenced on September 12 and the four sentenced on September 17 had been charged with the crime of "spreading false toxic substances" (Article 291 of the PRC Criminal Law as amended in 2001).
Following the September demonstrations, XUAR Party secretary Wang Lequan also described efforts to dispatch 7,000 officials to "explain policies and solve disputes" in connection to recent strife, according to a September 7 Xinhua report. Wang said the steps will build off of earlier measures after July 5 where officials carried out "a great deal of face-to-face educational work in communities and [maintained] social order." Earlier, Urumqi's mayor reported on August 6 that "stability work teams" dispatched after July 5 had done on-site investigations of 636,000 households and interviewed 1,491,000 people, according to a Xinjiang City News report (via China Xinjiang, August 7).
For more information on events in the XUAR starting July 5, see previous Commission analysis (1, 2, 3, 4). For background information on conditions in the XUAR, see Section VI--Xinjiang in the CECC 2009 Annual Report.
| Source: -See Summary (2009-09-05 ) |
Posted on: 2009-11-06 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=129323 |
Chengdu Courts Hold Trials of Earthquake Activists
On August 5 and August 12, 2009, courts in Chengdu city, Sichuan province, held separate trials in the cases of Tan Zuoren and Huang Qi, both of whom sought to help parents of children who died in school collapses following the May 2008 Sichuan earthquake. Although officials originally pledged to investigate the collapses, they instead suppressed attempts by parents to seek redress and blocked media and citizens from independently investigating the role played by shoddy construction. Tan organized an independent investigation into the cause of the collapses, while Huang publicized the parents' demands on his human rights Web site. Officials charged Huang and Tan with endangering national security, Huang for possessing state secrets and Tan for various activities including writing about and commemorating the 1989 Tiananmen protests. In both cases, the trials reportedly were marred by procedural irregularities and official misconduct.
Tan Zuoren Case
August 12 Trial, Defense Not Permitted To Call Witnesses and Present Evidence, Witness and Parents of Quake Victims Held in Custody, Reporters Barred and Harassed
The Chengdu Intermediate People's Court conducted the trial of writer and environmental activist Tan Zuoren on August 12, 2009, on the charge of inciting subversion of state power, according to an August 13 China Daily article and an August 13 Chinese Human Rights Defenders (CHRD) article. The conduct of the trial reportedly was marred by official abuses and procedural violations, including:
- The court reportedly rejected requests by Tan's lawyers to call three witnesses, including Ai Weiwei, a noted artist and blogger who helped design the Beijing Olympics' Bird's Nest Stadium and was investigating the deaths of students in the quake, according to the China Daily article, a second August 13 CHRD article, and an August 12 Human Rights in China (HRIC) report. Ai told various news agencies that he planned to still watch the trial but that police came to his hotel and prevented him and 10 other volunteers from leaving until after the trial ended (see, e.g., August 12 Reuters article, August 12 Guardian article). Ai also indicated that police had used force in the process, including striking him in the face.
- Tan's lawyers, Pu Zhiqiang and Xia Lin, reported that the judge frequently cut them off during the trial and that their request to show video evidence was not accepted, according to the China Daily and second CHRD articles.
- Parents of earthquake victims attempting to attend the trial were detained, according to an August 13 Global Times article.
- The court did not allow reporters into the court, according to the China Daily article. Police reportedly searched the hotel rooms of two Hong Kong reporters attempting to cover the case, claiming that they were acting on reports that the journalists possessed drugs, and did not free them until seven hours later, according to an August 13 Agence France-Presse article (via The Australian).
- Police barred hundreds of supporters from entering the courtroom saying the supporters needed passes, even though court officials earlier had told them that no passes were necessary, according to an August 12 CHRD report.
Tan's Alleged Crimes, Earthquake Activism
The procuratorate's indictment, dated July 17 (translation posted by China Digital Times), said Tan was charged with inciting subversion because he (1) committed libel against the Communist Party by distorting its handling of the 1989 protests in a 2007 online essay, (2) agreed to a telephone interview with the overseas "enemy" radio station "Voice of Hope" in June 2008 and commemorated the 1989 protests that year by making a blood donation, (3) contacted a prominent 1989 student leader now in the United States (i.e., Wang Dan) about holding a global Chinese blood drive to commemorate the 20th anniversary of the protests, and (4) gave interviews to international media after the earthquake in which he severely harmed the image of the Party and Chinese government. According to the defense pleading (in Chinese) posted on CHRD's Web site, Tan's lawyers argued that the inciting subversion crime for which Tan was charged (Article 105(2) of China's Criminal Law) belongs to the category of crimes of endangering national security but that no legislative or judicial interpretation existed in China to define this crime (inciting subversion). Tan's lawyers sought to provide guidance by making reference to the Johannesburg Principles on National Security, Freedom of Expression and Access to Information, which were drafted under the direction of Article 19, a non-governmental organization (NGO) advocating for free expression, and endorsed by the UN Special Rapporteur on Freedom of Opinion and Expression at several sessions of the UN Commission on Human Rights in the late 1990s and 2001. Specifically, the lawyers noted that Principle 6 provides that expression may be punished as a threat to national security only if a government can demonstrate that the expression is intended to incite imminent violence or is likely to incite such violence. Tan's lawyers said that none of Tan's language in the case incited violence and that his motives were not only peaceful but intended to protect national security as opposed to endangering it.
Following the earthquake, Tan had been active in calling for the government to investigate the cause of the large number of school collapses. Shortly after the quake, Tan, who worked for Green River, a Chengdu-based environmental NGO, was cited in a May 27, 2008, South China Morning Post (SCMP) article (subscription required) as saying "the government and the public must work together to find an answer" to why so many schools collapsed, and urged local governments to inspect other school buildings for shoddy construction. Prompted by his frustration that local governments and education and building officials had not fully investigated the matter, in February 2009, Tan issued a proposal over the Internet calling on volunteers to travel to Sichuan to compile lists of students killed in the quake, to research the treatment of parents, and to conduct an independent investigation into the quality of school buildings, according to an April 1 CHRD article (in Chinese) and a May 4 CHRD article. In March, Tan and his partner issued a preliminary version of the report (in Chinese, via the CHRD Web site), which Tan hoped to complete by the quake's first anniversary, according to the May 4 CHRD article. The report criticized officials for failing to follow through on a commitment to fully investigate the role that shoddy construction played in the collapses and local officials for being unable to deal with parents' demands. The preliminary report found that problems with the quality of the construction of school buildings were a contributing factor in some of the students' deaths, which according to their tally numbered 5,522 students, with another 78 missing. The tally was incomplete, according to the May 4 CHRD article. In a March 19 SCMP article (subscription required), Tan said that before the earthquake, an inspector had noticed cracks at a middle school that may have made it vulnerable to the quake. Authorities detained Tan on March 28, three days after the report was published, according to the August 12 HRIC report.
Huang Qi Case
August 5 Trial, Kidnapping of Witness
The Chengdu Wuhou District People's Court held a closed trial of rights activist Huang Qi on August 5, 2009, on suspicion of "illegal possession of state secrets," according to an August 5 Human Rights in China (HRIC) article. The underlying activity giving rise to the state secrets charge is unclear but shortly before he was detained on June 10, 2008, Huang had traveled to the earthquake zone and written about parents who lost children in the disaster and their demands for an investigation and compensation (see previous CECC analysis). Huang posted the writings on his human rights Web site, Tianwang Human Rights Center. Huang's lawyer said that during Huang's detention authorities questioned him about interviews he conducted during visits to areas affected by the quake as well as undisclosed issues relating to the state secrets charge. Chinese officials have considerable discretion to declare information a state secret and their power to use such a charge to deny defendants access to counsel and an open trial is subject to few limitations.
At trial, authorities continued to obstruct the ability of Huang's lawyers to make their case. According to HRIC, four police officers kidnapped Pu Fei, a volunteer for the Tianwang Human Rights Center, to prevent him from testifying on Huang's behalf. In February 2009, the district court violated China's Criminal Procedure Law by giving only one day's notice of the trial, and then postponed the trial. Late last year, Huang's lawyers criticized their lack of access to police evidence and case files.
The HRIC article said 40 to 50 supporters had gathered outside the trial, including "farmers who had lost land, evicted petitioners, and other rights defenders that Huang Qi had helped in the past."
Huang's Medical Problems
Huang suffers from numerous medical conditions, but authorities reportedly have refused to treat him. The conditions include two tumors in Huang's abdomen, hepatitis B, an irregular heartbeat, and two lumps in his left breast, according to an August 5 Associated Press article (via Newsday) and an August 5 National Public Radio story. Officials have also denied requests to allow Huang to visit with his seriously ill father, according to the HRIC report.
Huang previously served a five-year sentence from 2000 to 2005 for "inciting subversion of state power." The court in that case cited articles Huang posted on his Web site dealing with topics such as "democracy," "June 4," and "Falun Gong."
Background on Earthquake and Parents' Demands
On May 12, 2008, a magnitude 8.0 earthquake struck Sichuan province, which an official said left 68,712 dead and 17,921 missing, according to a May 8, 2009, People's Daily article. High-level officials traveled quickly to the scene and initially allowed media relatively more freedom to report. The collapse of a large number of schools while nearby buildings continued to stand, however, raised questions of shoddy construction and corruption. (See May 30, 2008, Washington Post report and September 4 New York Times (NYT) report, in which officials acknowledged that poor construction of schools may have contributed to their collapse.) Officials initially pledged to punish anyone responsible for shoddy construction (see, e.g., May 27 SCMP article, subscription required), but parents of the thousands of children who died grew frustrated at officials' unwillingness to fully investigate the school collapses. Officials responded instead with suppression and harassment, using riot police to break up protests and offering parents money in exchange for silence (NYT, Sept. 4), ordering parents to serve reeducation through labor, keeping parents under surveillance, and stopping them from holding memorials (Radio Free Asia, Oct. 8), refusing to hear a lawsuit filed by a group of parents seeking an apology and compensation (Associated Press via ABC News, Dec. 31), and preventing parents from traveling to Beijing to petition the central government (NYT, Jan. 8, 2009). In addition, in the month after the quake, restrictions on the media were tightened, with reporters from less-tightly controlled media forced to leave the quake zone and publications that called into question the construction quality of schools facing criticism, according to a May 12, 2009, NYT article.
Officials did not release the death toll for students until one year later, putting the number at 5,335 (People's Daily, May 8). Associated Press (AP) said at the time in a May 7 article (via AOL News) that "[s]o far no one has been held responsible or punished" and noted that the head of Sichuan's construction department continued to maintain that "[a]ccording to our investigations and samples we have taken, we have not found any case of buildings that collapsed in the earthquake zone mainly because of construction quality." In the AP report, Ai Weiwei expressed disappointment with the death toll announcement, saying officials "didn't give any names or any other information on where they died, which schools or which classes they were in."
CECC Recommendations
Call on the Chinese government to: Protect Huang Qi's and Tan Zuoren's rights to freedom of speech, expression, and association. Based on the published reports about these cases, Huang and Tan engaged in peaceful activities that are guaranteed under China's Constitution and international law. Specifically: China's Constitution guarantees the rights to freedom of speech and association (Article 35) and the right to criticize officials (Article 41).The Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), which China has signed and expressed an intent to ratify, guarantee all individuals the right to freedom of expression (Article 19) and association (Article 22 for ICCPR, Article 20 for UDHR). Allow parents, concerned citizens, and the news media to conduct their own investigations into the role shoddy construction may have played in the school collapses, free from harassment and official interference. China has pledged to protect such activities in its National Human Rights Action Plan of China (2009-2010), which says "the state will guarantee citizens' rights to criticize, give advice to, complain of, and accuse state organs and civil servants, and give full play to the role of mass organizations, social organizations and the news media in supervising state organs and civil servants." Furthermore, the plan calls for specific measures to guarantee human rights in areas hit by the earthquake, including "respecting earthquake victims" and "registering the names of people who died or disappeared in the earthquake and made [sic] them known to the public." Increase transparency regarding the government's own investigations into the school collapses by releasing the details of such investigations and information about victims, including students who died. The Regulations on Open Government Information require government agencies to disclose information that involves the vital interests of citizens (Article 9(1)).
| Source: -See Summary (2009-08-14 / English / Free) |
Posted on: 2009-11-06 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=128566 |
Authorities Impose Restrictions on Lawyers Defending Xinjiang Suspects Amid Official Announcements on Arranging Legal Defense
In the aftermath of the forceful police suppression of a demonstration held by Uyghurs in the far western region of Xinjiang on July 5 and outbreaks of violence starting that day, authorities in Xinjiang and Beijing have taken steps to restrict lawyers' activities defending people accused of committing crimes on July 5. The steps come as authorities continue to detain and formally arrest suspects in connection to events on July 5 and prepare for trials. The Xinjiang Justice Department has said it will arrange lawyers for the suspects, but has left many details unclear. Against a backdrop of systemic barriers to adequate legal defense in China, the developments raise questions about the likelihood suspects will receive fair trials. The developments also raise questions about the effectiveness of the recently revised Lawyers Law.
Following the forceful police suppression of a demonstration by Uyghurs on July 5 and outbreaks of violence starting that day in the Xinjiang Uyghur Autonomous Region (XUAR) capital of Urumqi, authorities in Xinjiang and Beijing have taken steps to restrict lawyers' activities defending people accused of committing crimes on July 5. The steps precede an announcement in late July that the XUAR Justice Department will select and train lawyers to provide criminal defense to suspects alleged to have links to crimes committed on July 5 when they go to trial. Chinese media reports on the nature of the legal defense are inconsistent, however, and a number of details remain unknown. The announcement comes as authorities continue to report on detentions, arrests, and preparations for trials in connection to events on July 5. For more information on the detentions and arrests, see a related CECC analysis. For more information on the curbs imposed on lawyers and the link between the restrictions and recent amendments to the PRC Lawyers Law, see below.
Xinjiang and Beijing Authorities Impose Curbs on Lawyers; Xinjiang Authorities Announce Plans To Organize Legal Defense
Authorities in at least two localities, Xinjiang and Beijing, have taken steps to prevent lawyers from independently accepting legal defense cases connected to alleged crimes committed on July 5. As also discussed in a previous Congressional-Executive Commission on China analysis, on July 8, the Beijing Municipal Judicial Bureau issued a notice on its Web site (copy available on the Chinese Human Rights Defenders Web site) calling on justice bureaus, the Beijing Municipal Lawyers Association, and law firms in Beijing to "exercise caution" in representing cases related to events in the XUAR. Characterizing events on July 5 as a "typical, premeditated, organized beating, smashing, looting, and burning incident organized overseas and executed at home," the notice calls on lawyers to stand on the side of protecting "national integrity and ethnic unity" and stresses as motivation for the notice factors including "establishing a good image for Beijing lawyers." The notice specifies that before accepting cases, partners in law offices should look into the issue, "report the matter," and "take initiative to accept supervision and direction from judicial organs and the lawyers association." While the language in the notice does not explicitly bar lawyers from accepting cases related to July 5, according to sources cited in a July 10 Amnesty International press release, authorities warned some law firms employing human rights lawyers that those lawyers were not to work on cases related to events in the XUAR.
In addition, the Xinjiang Lawyers Association reportedly ordered lawyers not to take cases on their own initiative and instead let authorities "arrange" all defense efforts, according to a July 14 Radio Free Asia report and July 15 report from the China Human Rights Lawyers Concern Group. The news precedes an announcement, reported in a July 24 English-language report from the Global Times, that the XUAR Justice Department will arrange criminal defense efforts for suspects who go to trial in connection to events on July 5. The report quotes Mao Li, general secretary of the Xinjiang Lawyers Association, as saying that "[t]he Department of Justice in Xinjiang will choose dozens of Uygur lawyers from local law offices to act as free criminal-defense attorneys." The lawyers chosen will receive three to five days of training in criminal law, according to Mao, suggesting the XUAR Justice Department may be including lawyers without extensive experience in criminal defense and it is unclear whether authorities are using the opportunity to appoint and train lawyers to enforce political agendas during the criminal process.
It is not clear whether authorities have informed suspects of the stated availability of defense counsel, especially in light of Chinese-language reports that differ from the Global Times account of the defense efforts. According to August 5 CCTV and Xinhua reports, XUAR Government Information Office spokesperson Hou Hanmin said that criminal suspects and defendants "can receive legal assistance and defense in accordance with the law," but that to date, no criminal suspects or defendants or their families had made any requests for legal assistance or defense. In addition, it is unclear how far in advance of the trial the state-appointed lawyers will be made available to meet with suspects and whether suspects could retain their own lawyer or other legal defender if state-appointed lawyers are not provided until the trial stage. The Global Times article paraphrased authorities as saying that the legal defense "will be given to all those suspected of participating in the Xinjiang riots when they face trial" (emphasis added). Elsewhere in the article, Mao is paraphrased as noting that formal arrests will begin soon and that "judicial departments promised to ensure that each suspect is represented by a lawyer," which may indicate representation earlier in the process. In response to questions including whether suspects could hire lawyers on their own, Hou said in the CCTV article that "China's judicial organs will, in strict accordance with laws and regulations, fully ensure [criminal suspects and defendants'] various procedural rights," according to the CCTV report.
Under Article 96 of the PRC Criminal Procedure Law (CPL) (English text, Chinese text), suspects may hire a lawyer after their first police interrogation or from the day when compulsory measures [such as a summons or detention] are first taken against them. Suspects must receive approval to appoint a lawyer where cases involve state secrets. Lawyers may meet with suspects, though advance approval is necessary for cases involving state secrets, and all meetings may be monitored by investigating organs. According to Article 33, criminal suspects have the right to entrust a defender (youquan weituo bianhuren) from the day a case is transferred to the procuratorate for review for prosecution, and the procuratorate must notify them of this right within three days from receiving the case record for examination. In addition, under Article 33 of the recently revised PRC Lawyers Law (see discussion below on the relationship between the CPL and Lawyers Law), a lawyer entrusted to a case, based on her or his lawyer's practice certificate, law office certificate, and power of attorney or official legal aid letter, has a right (youquan) to meet with a criminal suspect as of the first police interrogation or from the day when compulsory measures are first taken. Under this article, the lawyer meeting with a suspect is not to be monitored (bubei jianting). Chinese law also guarantees pro bono legal defense, but only if the defendant is a minor, faces a possible death sentence, or is blind, deaf, or mute. In other cases in which defendants cannot afford legal representation, courts may appoint defense counsel or the defendant may apply for legal aid. (See Articles 33-34 of the CPL and Articles 11-12 of the Regulations on Legal Aid.)
Amid conflicting reports from Chinese media, questions also remain about the languages to be used in trial and the availability of qualified lawyers and personnel who could speak or interpret into the languages of the defendant. (Han Chinese are among those formally arrested, according to an August 4 Xinhua report, but the Global Times report cited above suggests most suspects are Uyghur.) Under Chinese law, citizens are guaranteed the right to use their own language in court proceedings. (See, e.g., Article 9 of the CPL and Article 47 of the Regional Ethnic Autonomy Law.) According to a February 7, 2006, report from Tianshan Net, however, personnel shortcomings in XUAR courts have meant that "there is no way to guarantee the use of ethnic minority languages to carry out litigation." (See also a November 22, 2007, report from Legal Daily, reprinted in Xinhua Xinjiang.) According to August 14 and October 18, 2007, reports from Xinhua, out of 4,552 judges in the XUAR--where non-Han ethnic groups comprise approximately 60 percent of the total general population according to official Chinese statistics--1,948 (43 percent) of judges were ethnic minorities, and as of September of that year, 380 lawyers, or 17 percent of the total number in the region were ethnic minorities. The reports did not identify the lawyers' language capabilities. An August 23 report from China Daily (via People's Daily) said, "More than 170 Uygur and 20 Han lawyers have been assigned to the suspects; the trials will be carried out in their native languages," but XUAR government authorities later refuted the report, which also said trials would begin that week and listed the number arrested as higher than previously reported. See August 25 reports from the Global Times and New York Times.
Restrictions Contravene Domestic and International Protections for Lawyers and Criminal Suspects
The orders issued by the Beijing Municipal Judicial Bureau and the Xinjiang Lawyers Association, whether explicit or indirect, contravene both domestic law and international protections for lawyers and criminal suspects. Article 14 of the International Covenant on Civil and Political Rights, which China has signed and pledged to ratify, provides for fair trials including through legal assistance of one's choice. General Comment Number 13 to this article provides, "Lawyers should be able to counsel and to represent their clients in accordance with their established professional standards and judgement without any restrictions, influences, pressures or undue interference from any quarter." The UN Basic Principles on the Role of Lawyers promotes "effective access to legal services provided by an independent legal profession." (See also Articles 1 and 16.) Article 28(3) of the PRC Lawyers Law specifies that lawyers may represent suspects in criminal cases, and Article 33, as discussed above, gives lawyers entrusted to the case the right to meet with suspects and defendants as of the first instance of interrogation or from the day compulsory measures are taken. (In addition, see above for discussion of other legal provisions on hiring lawyers and retaining legal defense.)
Revised PRC Lawyers Law Continues To Face Barriers to Effective Implementation
The July 5 demonstration and subsequent outbreaks of violence in Urumqi came approximately one year after the Chinese government undertook legal reforms designed to reduce barriers to the work of defense attorneys. In June 2008, revisions to the Lawyers Law took effect, and in August 2008, the Legislative Affairs Commission of the National People's Congress Standing Committee said that where provisions of the Lawyers Law differ from ("alter," xiugai) CPL provisions, the provisions in the Lawyers Law are to be followed. (See a copy of the Legislative Affairs Commission statement on the All China Lawyers Association Web site.) As discussed in the CECC 2008 Annual Report, the Lawyers Law was revised largely to address the "three difficulties" (san nan) faced by defense attorneys: gaining access to detained clients, reviewing the prosecution's case files, and collecting evidence. An April 2008 Human Rights Watch report, also citing broader problems in China's legal system, including a lack of judicial independence, noted that courts and police often created obstacles to defense attorneys by claiming that a particular case was "exceptional" or "especially complicated." In addition, the report also found, "Only a fraction of criminal suspects are able to meet their counsel before they are charged. In some cases, lawyers have been entirely unable to secure even a single meeting before the trial takes place." Despite the reforms formally implemented in the past year, the effectiveness of enforcement remains unclear, as does the impact of the NPC Standing Committee statement on conflicts between laws. In addition, many criminal suspects continue to lack defense attorneys, and attorneys working on sensitive issues in particular continue to face harassment. (For more information, see, e.g., a June 18 report from China Youth Daily and July 17 New York Times report.) The continuing problems suggest that in addition to shortcomings criminal suspects in the XUAR may face through government-organized legal defense, broader systemic problems within China's legal system also hinder the likelihood of a fair criminal trial.
Restrictions in Xinjiang Follow Efforts To Block Legal Defense in Tibetan Trials
The actions taken by XUAR and Beijing authorities continue a wider trend in hindering criminal defense efforts especially in cases deemed to involve sensitive issues in ethnic minority areas. After the March 2008 Tibetan protests and riots, the government denied criminal suspects the right to independent counsel, as discussed in the CECC 2008 Annual Report and a March 9, 2009, Human Rights Watch report. A July 20, 2009, Radio Free Asia article quotes defense attorney Li Fangping, who traveled to Gansu province after being hired by the families of two Tibetan monks to represent them in a criminal case, as saying, "The authorities not only refused my request to meet those two men, they also refused my involvement in the case by saying they already had lawyers. They effectively denied the families' rights to independently hire attorneys." The UN Committee on the Elimination of Racial Discrimination, which examined the Chinese government's compliance with the International Convention on the Elimination of All Forms of Racial Discrimination in August 2009, "[noted] with concern reports on the harassment of defense lawyers taking up cases of human rights violations, especially those introduced by members of ethnic minorities." (August 28 concluding observations available via download from Web site of the Office of the UN High Commissioner for Human Rights.)
For more information on events in the XUAR starting July 5, see previous Commission analysis (1, 2). For more information on conditions in the XUAR, see Section IV--Xinjiang in the CECC 2008 Annual Report. For more information on lawyers in China, see Section II--Rights of Criminal Suspects and Defendants, as well as Section III--Access to Justice in the CECC 2008 Annual Report.
| Source: -See Summary (2009-08-12 ) |
Posted on: 2009-11-06 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=128444 |
Xinjiang Authorities Continue Detentions, Announce Arrests Connected to July 5 Incident
Following the forceful police suppression of a demonstration held by Uyghurs in the far western region of Xinjiang on July 5 and outbreaks of violence starting that day, Xinjiang authorities have reported on continuing detentions and arrests in connection to events on July 5. Some reports from official media on people detained or arrested have been inconsistent, and a number of details remain unknown. The procuratorate initiated prosecution in a first group of cases in September. A court in Urumqi has begun preparing for trials and has selected adjudicators with "high proficiency in policy" to try upcoming cases.
Following the forceful police suppression of a demonstration by Uyghurs on July 5 in Urumqi, capital of the Xinjiang Uyghur Autonomous Region (XUAR), and outbreaks of violence starting that day, Chinese media continue to carry reports from XUAR officials on detentions and arrests in connection to events on July 5, as well as a first batch of cases to be prosecuted. Official Chinese media's English-language and Chinese-language services have differed in some cases in their coverage of the detentions and arrests, and some details about the detentions and arrests, including the total number of people in custody, remain unclear. Reports have used varying terms to describe the detentions. The formal term for "detention" that appears in the PRC Criminal Procedure Law (CPL) (English text, Chinese text) is juliu (also frequently rendered in reports more specifically as "criminal detention" (xingshi juliu), which distinguishes it from other formal types of detention, such as administrative detention). The term in the CPL for "arrest" (which requires procuratorate approval) is daibu. Media reports also have used imprecise and informal terms that do not suggest formal criminal detention for the initial act of taking someone into custody, including phrases like "capturing" (zhuahuo) or "catching" (zhuabu) someone. Such people taken into custody may later be placed under formal criminal detention.
Against the backdrop of a criminal law system in which authorities use criminal charges to cast free expression as a crime, a XUAR official stated authorities had held in custody people who were peaceful protesters, and official media reports suggest that some acts of peaceful protest or expression will be subject to formal criminal charges. (See below for details.) While acts of violence during the week of July 5 were reported to have been committed by both Uyghurs and Han, based on wording in the sources cited within this analysis, Chinese authorities appear to have focused on pursuing prosecution of alleged crimes committed on July 5--the day Uyghurs demonstrated and also when acts of violence were primarily reported to be committed by Uyghurs--without explicitly clarifying whether prosecution efforts will extend to criminal acts committed by Han in the days following July 5. An article from official media indicated that Han are among people reported to be formally arrested, but did not provide additional details. (See information below on the first group of arrests for details.) A court in Urumqi has begun preparing for trials and has selected adjudicators with "high proficiency in policy" to try upcoming cases.
The information on detentions, arrests, and trial preparations comes amid reports of steps taken by authorities in the XUAR and in Beijing to curb independent criminal defense activities. The Xinjiang Justice Department has said it will arrange counsel for the suspects, but has left many details unclear. See a related CECC analysis for more information.
Authorities Report Detentions and Arrests; Some Official Media Accounts Contain Discrepancies
Recent reports of detentions and arrests, as of September 11, and information on a first group of cases to be prosecuted, include:- The procuratorate has approved the arrests (pizhun daibu) of a total of 237 people in 139 cases, and public security officials also have sought approval to arrest 295 people involved in 175 cases, based on information in a September 11 English-language China Daily report and Chinese-language Xinhua report. The procuratorate has initiated prosecution of 51 people in 14 cases, according to the reports, which appears to clarify information reported the previous week (see below) on cases transferred for review for prosecution. Based on the reports, 956 cases in total have been filed for investigation.
- The procuratorate has approved the arrests (pizhun daibu) of 196 people in 121 cases related to July 5, and 14 cases involving 51 people have been transferred by public security organs to the procuratorate for review for prosecution, according to the text of a September 4 Chinese-language Xinhua report citing the XUAR government information office. A September 4 English-language Xinhua report (via China.cn) states, in contrast to the Chinese-language report, that authorities have "prosecuted" the cases. (See Articles 136-149 of the Criminal Procedure Law for general information on reviewing cases and initiating prosecution.) Public security officials have sought approval to arrest an additional 239 people involved in 140 cases, and 825 people are being held in criminal detention (xingshi juliu), according to the reports. The numbers represent the second official statement on arrest figures, following information on a first group of arrests reported in August (see below). The September reports do not clarify whether the 196 arrests include the earlier numbers reported in August.
- Authorities have approved arrests (pizhun daibu) of 83 people in connection to crimes on July 5, according to August 4 English-language and Chinese-language reports from Xinhua. The English-language article said the information was the first official announcement on arrests from Urumqi authorities. The article reported that XUAR procurator Otkur Abduraxman "said those arrested will face charges including murder, intentional injury, arson and robbery." According to the Chinese-language report, however, those arrested are also suspected of "destroying vehicles, gathering crowds to disrupt social order, picking quarrels and making trouble, and inciting ethnic hatred and discrimination," in addition to the crimes listed in the English-language report. The Chinese-language report noted those arrested included both Uyghurs and Han. According to a July 18 report from the Legal Daily, citing a XUAR Party official, suspects' alleged crimes fall into five categories, including endangering state security, and include over 20 suspected crimes, including splittism and armed rebellion.
- Following the report of the 83 arrests, an August 23 English-language report from the China Daily (via People's Daily) said over 200 people had been formally arrested and that trials would begin that week, appearing to cite an unnamed Urumqi procuratorate official as the source of the information. The report said charges included splittism and inciting splittism. Hou Hanmin, a spokesperson for the XUAR government called the China Daily report "totally untrue" in an August 25 Global Times report, and another XUAR government official also denied the report, according to an August 25 New York Times report.
- The head of the Urumqi Public Security Bureau reported that 718 suspects had been placed under criminal detention (xingshi juliu) as of August 4, according to a Chinese-language report that day from Xinhua. See also a report of the detentions in an August 4 English-language Xinhua report. A PRC official later reiterated to the UN Committee on the Elimination of Racial Discrimination that 718 remained in detention and that those who "committed minor offences have been dealt with leniently and released," according to an August 10 Agence France-Presse report (via Yahoo). It is unclear, however, if all other people earlier held in connection to July 5 were outside of some form of custody or oversight as of that date, especially in light of comments from XUAR government chairperson Nur Bekri (below) indicating that some peaceful protesters may remain in a form of unofficial custody or under surveillance. According to an August 6 Xinhua report (via China Daily), "Authorities also admitted that some of the detained suspects in connection with the riot have been released as their offences were minor. But they didn't provide the exact number of those who were released."
- According to August 2 English-language and Chinese-language Xinhua reports, public security officers said they had detained (zhuahuo) 319 people in addition to 253 detentions reported earlier. The detentions (zhuahuo) of 253 "prime suspects" were reported in a July 29 Chinese-language Xinhua report, which also noted that a batch of suspects turned themselves in. A July 29 English-language Xinhua report on the detentions said they were "in addition to the more than 1,000 suspects detained by July 6."
- Xinhua reported in a July 10 Chinese-language article that authorities detained (zhuahuo) 190 people in a series of four operations on July 9 and July 10, in connection to events on July 5. This news appears to have been unreported in official English-language media.
- Xinhua's English-language service reported on July 7 that authorities had "arrested" 1,434 people--1,379 men and 55 women--in connection to events on July 5. The use of the term "arrests" appears to be an incorrect reference to the initial detention of these individuals. (Formal arrests (daibu) of over 1,400 people two days after alleged criminal activity would be unlikely given the usual progression of the criminal process, including the requirement under the CPL that the procuratorate approve all arrests. This terminology is also inconsistent with Chinese reporting. See, e.g., a July 7 Xinhua article (via Nanfang Daily), noting that police had "caught" (zhuabu) 1,434 people.) Some of the detainees "might be released if no serious criminal records were found," according to a paraphrasing of Urumqi Party Secretary Li Zhi's remarks in the English-language article.
- XUAR police chief Liu Yaohua initially reported early on July 7 that officials had detained roughly 700 people and continued to pursue "about 90 other key suspects," according to a July 7 English-language Xinhua report.
Overseas media have cited sources reporting on widespread security sweeps and mass detentions, including reported mass round-ups of Uyghur men, and some reports indicate detention numbers that would exceed those reported by the Chinese government and Chinese media. Some of the people reported to have been detained appear to have no involvement to either acts of protest or violent activity on July 5. (For more information, see, e.g., a July 6 Radio Free Asia article, a July 11 Telegraph article, July 19 New York Times article, and July 19 Financial Times article.)
Authorities have provided limited information on a small number of detainees or suspects (see, e.g., articles cited above and a list of suspects published in a July 30 Chinese-language Xinhua report), but detailed information about most of the people officially said to remain in detention, including the specific grounds for their detentions, appears to remain unreported. In addition, Chinese media have reported information on the arrest of one man "who allegedly spread rumors used to trigger the Urumqi riots on July 5." According to a July 6 Xinhua report (via China Daily), Kurban Khayum "was arrested for exaggerating the death toll of a factory unrest involving Uygurs in Shaoguan, Guangdong province in June." The article reports that Kurban Khayum was a member of the World Uyghur Congress (WUC)--an organization headed by U.S.-based Uyghur rights advocate Rebiya Kadeer and blamed by Chinese authorities for events on July 5--and that after the WUC told him to "gather intelligence on separatist activities in China by Uygurs and people of other ethnic groups ... in order to carry out activities to split China," he fabricated a report on the number of people killed in Shaoguan. Kurban Khayum wrote to the WUC that "a massive protest should be staged to let the world know about this bloody incident," according to the article. See also an August 6 report from the Beijing Times (via People's Daily). For additional information which challenges the facts of the case as reported by Chinese media, see an August 20 report from the East Turkistan Information Center.
Urumqi Party Secretary Li Zhi said at a press conference on July 8 that authorities would use the death penalty for crimes connected to events on July 5. The Supreme People's Court said in late July that the government and court will take steps to reduce the amount of death sentences in China, according to a July 29 Xinhua report.
For additional information, see a July 13 XUAR Public Security Bureau notice (via Xinhua Xinjiang) on "reporting and exposing criminals" connected to events on July 5.
Official Describes Taking Measures Toward Peaceful Protesters
Although authorities and official media largely refer to all events on July 5 as a "riot" or "violent criminal incident of beating, smashing, looting, and burning," a limited number of sources have reported that a demonstration took place, and a XUAR official appeared to acknowledge that some participants had protested peacefully. (See source cited below. See also a July 19 English-language Xinhua report, via China Daily, citing XUAR government chairperson Nur Bekri referring to a "student demonstration" on July 5.) Some participants may have been detained and subjected to surveillance or possibly arbitrary detention after being released from formal police custody. Nur Bekri said on July 24 that people "unaware of the truth" who "took part in the demonstrations but did not join in the beating, smashing, looting, and burning," along with those "not deeply involved," had been returned to their "work unit," "community," or "permanent place of residence" for "further assistance and education," following "education" while in detention and after they "pledged to repent," according to a July 24 Xinhua report via Ta Kung Pao (cached page) and translation of the Xinhua report via Open Source Center (subscription required). The reference to returning people to work units or communities and subjecting them to "assistance and education" suggests such people may remain under surveillance or supervision, or possibly a form of arbitrary detention. Other protesters, including organizers of the demonstration, may remain subject to criminal punishment. Chinese President Hu Jintao and members of the Communist Party Politburo's Standing Committee met on July 8 and issued a statement on July 9 that the government would "firmly crack down on serious crimes" and target "[i]nstigators, organizers, culprits and violent criminals" involved in the "riot," according to a July 9 Xinhua report, while "[t]hose taking part in the riot due to provocation and deceit by separatists, should be given education." During an August 4 visit to the Urumqi procuratorate, Zhu Hailun, standing committee member and secretary of the politics and law commission in the XUAR Party committee, called for "digging deeply to ferret out the organizers, masterminds, conductors, and core members in these cases," according to an August 12 Xinjiang Daily report (via PDF of hardcopy and translation in Open Source Center, subscription required).
Trials Initially Reported to Begin Mid-August, Adjudicators with "High Proficiency in Policy" Chosen
Although later reports indicated that no trial date had been set as of late August, a July 31 China Daily report paraphrased a source as saying trials would start in mid-August, and that the Urumqi Intermediate People's Court "has been preparing for the hearings." See also a Chinese-language July 28 Xinhua Xinjiang report. Under Article 20 of the PRC Criminal Procedure Law, intermediate people's courts have jurisdiction as the court of first instance over counterrevolutionary cases, cases of endangering state security, "ordinary criminal cases punishable by life imprisonment or the death penalty," and cases involving non-PRC citizens. According to the Xinhua report, the XUAR High People's Court has already selected from courts within the XUAR adjudicators who have "a high proficiency in policy" and "professional spirit." The adjudicators are currently undergoing training on state and XUAR policies and regulations toward events on July 5, as well as on the PRC Constitution, Criminal Law, and other relevant laws, according to the report.
Following the July 5 demonstration in Urumqi, the Party leading group in the Urumqi Intermediate People's Court launched anti-separatism education in the court, as well as in eight district courts in the municipality. The Party leading group called for cadres and police in the courts to carry out the policy deployments of the Party central committee and XUAR government, according to a July 25 People's Court Daily article (via Xinhua Xinjiang).
UPDATE (2009-10-30): Chinese media reported in late September and mid-October on prosecutions and trials related to events in July. For more information, see the following articles:- 21 Suspects Involved in Urumqi Riot Prosecuted (Xinhua, September 25. Click here for Chinese-language reporting from Xinhua.)
- 108 Stand Accused in Urumqi Riot (China Daily, October 9. Click here for Chinese-language reporting from Xinhua and Yangzi Evening News, via Sanming Information Net.)
- Six Sentenced to Death over Xinjiang Riot (Xinhua, October 12. Click here for Chinese-language reporting from Xinhua.)
- Legal Scholars and Procurator Answer Reporters' Questions about Trial Conditions in Three Major Criminal Cases from "7-5" Incident (People's Daily, October 12, in Chinese. Includes background information, including limited details on legal defense.)
- China Sentences Six to Death over Xinjiang Riot (Xinhua, October 15. Click here for Chinese-language reporting from Xinhua.)
- Court Upholds Penalties to Xinjiang Riot Convicts (Xinhua, October 30. Click here for Chinese-language reporting from Xinhua, via Sina.)
For other news reports, see, e.g.:For more information on events in the XUAR starting July 5, see previous Commission analysis (1, 2). For background information on conditions in the XUAR, see Section VI--Xinjiang in the CECC 2008 Annual Report.
| Source: -See Summary (2009-08-11 ) |
Posted on: 2009-11-06 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=128326 |
Gansu Authorities Order Environmental Activist Sun Xiaodi and His Daughter to Serve Reeducation Through Labor
Authorities in Gansu province ordered environmentalist Sun Xiaodi to serve 2 years and his daughter to serve 18 months in reeducation through labor (RTL) detention centers in June for "illegally providing state secrets overseas" and "rumor mongering." Sun Xiaodi had recently reported to central authorities that local officials had exaggerated evidence of earthquake damage from the 2008 Sichuan earthquake in order to obtain earthquake relief funds. Sun also reported on pollution problems and expanded production at a local uranium mine. Authorities first criminally detained Sun, but it is unclear why officials later ordered Sun and his daughter to serve RTL, a form of administrative detention outside the criminal justice system.
On July 9, 2009, The RTL Management Committee in the Gannan Tibetan Autonomous Prefecture, Gansu province, ordered Sun Xiaodi, a Gansu environmental activist who reportedly exposed pollution problems and illegal activities at a mine in Diebu County, Gansu to serve two years of reeducation through labor (RTL) for "illegally providing state secrets overseas" and "rumor mongering," according to a July 17, 2009, Chinese Human Rights Defenders (CHRD) news release. Authorities in Gannan also ordered Sun's daughter, Sun Haiyan (also known as Sun Dunbai) to serve 18 months of RTL for the same activities according to CHRD. The RTL committee asserted that Sun "stole" information about the No. 792 Uranium Mine in Diebu County, according to a copy of the RTL decision available in a July 16, 2009, Human Rights in China article. (Chinese-language version of the decision available via Boxun). The RTL decision also stated that Mr. Sun Xiaodi provided to foreign media the location of the uranium mine, production data, and information about the grade of uranium mined and had "spread rumors" about "fake earthquakes," "pollution from the uranium mine," and "human rights violations."
Sun Xiaodi's wife, Hu Jianhong, stated Sun Xiaodi had recently told the central government and human rights groups that Diebu county officials had exaggerated evidence of earthquake damage in the county from the 2008 Sichuan earthquake in order to obtain earthquake relief funds, according to a June 25, 2009, CHRD article. The CHRD report also noted that Sun's longstanding activities exposing and complaining about pollution, health risks, and contamination from the mine had drawn ongoing harassment from authorities. Sun's wife reported that authorities did not allow her to hire a lawyer due to the "political" nature of the case, according to a July 17, 2009, Agence France-Presse article. In addition, according to a July 20-26, 2009, CHRD briefing, Sun's wife reported being threatened by authorities who warned her not to contact "illegal" human rights organizations. Sun Xiaodi is currently serving his RTL sentence at the Lanzhou Anning District RTL detention center and had filed for an administrative reconsideration of the case, according to the CHRD briefing. The Gansu Public Security Department rejected the request for administrative reconsideration and RTL detention center officials prohibited Sun's wife from visiting her husband because Sun's case involved "special" circumstances, according to an October 8, 2009, CHRD article.
Given the seriousness of the state secrets allegations and because Sun was first criminally detained, as reported in a CHRD June 25, 2009, article, it is unclear why officials ultimately ordered Sun and his daughter to serve reeducation through labor—a form of administrative punishment usually given to "minor offenders"— instead of seeking criminal prosecution and following established criminal legal procedures. According to a 2009 China Rights Forum article written by Fu Hualing, frequently, RTL "is used as an alternative punishment for people who are suspected of having committed a serious offense that the police are unable to prove." The RTL system operates outside of the judicial system and the Criminal Procedure Law, and enables law enforcement officials to detain Chinese citizens for up to four years without a trial. See page 99 of the Congressional-Executive Commission on China 2009 Annual Report for additional information on RTL. In addition, it is unclear how Sun's actions violated Chinese law, especially in light of legal protections for people who report on environmental pollution. According to Article 6 of the PRC Environmental Protection Law "all units and individuals shall have the obligation to protect the environment and shall have the right to report on or file charges against units or individuals that cause pollution or damage to the environment" and Article 3 of the Regulations on Letters and Visits states "no organization or individual may retaliate against letter-writers or visitors." ("Letters and visits system" refers to China's complaint management, or xinfang, system.)
Background on Harassment of Sun Xiaodi for His Complaint Activities
Sun Xiaodi began to make complaints about the No. 792 Uranium Mine in 1988 because of its alleged illegal resale of radioactive contaminated mining equipment, illegal mining, and illegal disposal of untreated radioactive water, according to a January 2, 2007, Human Rights in China press release. An article by Ren Chong reported that Sun had complained about elevated radiation levels in shops and in the soil along the roadways. Sun had also documented cases of hazardous working conditions, increased rates of cancer among people living near the mines, and improper disposal of radioactive waste and equipment.
According to the article, mine leaders and local government officials harassed Sun Xiaodi for years for his environmental advocacy efforts (p. 31-33). Government officials were reportedly unresponsive to Sun's complaints about the mine and in 1994, mine leaders fired him. Mine leaders also assigned his wife, who also worked at the mine, to heavy manual labor. In addition, their home was vandalized. The government closed the mine in 2002 but employees stated production actually continued and mine leaders even expanded the mine pit. On April 28, 2005, also according to the China Rights Forum article, while in Beijing to petition national-level authorities about the mine's pollution, and shortly after Sun met with foreign journalists, unidentified individuals abducted Sun from the street. The article reported that authorities held him for eight months without informing his family of his whereabouts. After authorities released him in December 2005, they confined him to his home. According to a January 2, 2007, Human Rights in China press release, official harassment of Sun Xiaodi intensified after he received the Nuclear-Free Future Award in December 2006 for his nuclear safety advocacy efforts; on several occasions rocks reportedly were thrown at his door and windows. Upon reporting the attacks, local state security officers allegedly told him "you are free to leave if you want to."
For more information regarding RTL and environmental activism, see the CECC 2009 Annual Report.
| Source: -See Summary (2009-07-22 / English) |
Posted on: 2009-11-06 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=126995 |
Macau Government Passes Controversial National Security Law
On February 25, 2009, the Macau Special Administrative Region (SAR) passed a new National Security Law that includes provisions regarding treason, secession, subversion, sedition, theft of state secrets, and acts by foreign political organizations or Macau groups deemed to endanger state security. The law incorporates select citizen and legislator suggestions but because the final law leaves several terms undefined, it potentially has negative implications for Macau citizens' freedoms of expression and association. The extent to which the Chinese government will extend its framework for protecting state secrets to Macau, remains unclear. Provisions in the law related to state secrets may allow for diminished transparency in the way some aspects of the "one country, two systems" relationship between the mainland and Macau will be handled.
The Macau Special Administrative Region (SAR) passed a new National Security Law on February 25, 2009, as it was required to do under Chapter II, Article 23 of the Basic Law of the Macau Special Administrative Region of the People's Republic of China that was adopted in 1993 and went into effect in 1999. The new law includes provisions detailed below regarding treason (Article 1), secession (Article 2), subversion (Article 3), sedition (Article 4), theft of state secrets (Article 5), and acts by foreign political organizations or Macau groups that endanger state security (Articles 6 and 7). The length of prison terms for state security crimes include 10 to 25 years for treason, secession, and subversion, 1 to 8 years for sedition, and 2 to 15 years for stealing, collecting (citan), procuring, or making public state secrets. According to a July 9, 2003, New York Times article, the proposal of a similar law in Hong Kong led to demonstrations by approximately 500,000 people on July 1, 2003, after which the Hong Kong government withdrew the bill.
Macau's National Security Law reflects some attention to public suggestions made on the initial bill during a 40-day consultation period and legislators comments on the revised bill (Chinese!revised bill shown side by side with original version in the Consultation Report of the National Security Law [draft], pp. 53-68). However, the final law leaves several terms undefined!with possible implications for Macau citizens' freedoms of expression and association. Moreover, as described below, concerns remain over the law's failure to clarify the extent to which the mainland's framework for state secrets will extend to Macau. Finally, the law includes in its definition of state secrets, "other related matters having to do with the relationship between central authorities and the Macau SAR as set forth in the Basic Law of the Macao Special Administrative Region of the People's Republic of China." It is unclear what implication this wording will have on the transparency with which the "one country, two systems" relationship between the mainland and Macau will be handled (under the Basic Law of the Macau Special Administrative Region of the People's Republic of China, this relationship is to remain in effect until 2049).
Implications for Freedom of Expression and Association
While recognizing the need for national security legislation, citizens also expressed concern that the law's unclear definitions could impinge upon the freedoms of association and expression in Macau, according to the summary of suggestions and comments in the Consultation Report of the National Security Law [draft] compiled by the Macau SAR government (p.18). For example, the International Trade Union Confederation (ITUC), in its November 29, 2008, submission to the Macau government during the public comment period, expressed apprehension that the law could contravene the International Labor Organization's conventions 87 and 98. In particular, it could be in breach of Article 3 of Convention 87, regarding the right to organize activities and the right of non-interference by public authorities, as well as Article 11, regarding the obligations by members of the ILO to "take all necessary and appropriate measures to ensure that workers and employers may exercise freely the right to organize." The ITUC submission pointed out that in articles 2 and 3 regarding respectively secession and subversion, the terms "other serious unlawful means" and "acts against the security of transport and communications" are not clearly defined. The group argued the ambiguity would allow officials to charge citizens with subversion or sedition, as they are on the mainland, when citizens engage in peaceful, mass demonstrations that temporarily disrupt traffic flows.
In a June 11, 2009, public statement, Amnesty International stated it was concerned that no state raised the issue of Macau's National Security Law during the Universal Periodic Review Working Group review of China, noting that the law's provisions are "vague and broad" and could be used to "imprison individuals merely for exercising their rights to freedom of expression and association."
In addition, according to a February 6, 2009, Xinhua article, reprinted in the People's Daily, an October 23, 2008, China Post article, and a January 5, 2009, Xinhua story (via Sina.com), some lawmakers and citizens in Macau expressed concern regarding the clarity of the definition of "preparatory acts," which are criminalized in the provisions related to treason, secession, and subversion. The China Post article quotes one lawmaker as saying that "if officials don't like what they see, they may consider it 'preparation'...there isn't a clear definition."
State Secrets and Their Determination, and the Macau SAR-Mainland Relationship
Article 5 of the law criminalizes the act of stealing, collecting (citan), procuring, or making public state secrets, which "endangers or harms the independence, unity, or integrity of the state or its internal or external security interests." Article 5 defines "state secrets" as "documents, information, or objects" meeting two general requirements. The first is that "it has already been confirmed" that the document, information, or object "should be given state secret [status]." The second is that the document, information, or object must "involve national defense, foreign relations, or other related matters having to do with the relationship between central authorities and the Macau SAR as set forth in the Macau SAR Basic Law."
The language of Article 5 appears to limit "matters having to do with the relationship" between the Chinese central government and Macau that would be considered a state secret to only those matters associated with national defense or foreign relations, and the stealing, collecting, making public, or procuring of which would "harm the independence, unity, or integrity of the state or its internal or external security interests," as a Macau scholar points out in a November 2008 article (pp. 12-17). Article 5 does not, however, specify what matters would be considered "related" to national defense or foreign relations. Nor does the article define the terms in the phrase "harms the independence, unity, or integrity of the state." The concern is that officials could interpret "related" and other terms broadly to restrict the public's access to information regarding relations between Macau and the central government. Therefore, the implications of Article 5 on the transparency with which the "one country, two systems" relationship between the mainland and Macau will be managed is unclear.
In addition, the new law appears to introduce ambiguity regarding the authority to issue certification of state secrets in relation to document(s), information, or objects, which raises questions about the extent to which the mainland's framework for state secrets will extend to Macau. Article 5 stipulates ^if needed, judicial organs may obtain from the [Macau] Chief Executive, or may go through the [Macau] Chief Executive to obtain from the Central People¨s government, a document that will certify whether an aforementioned document, information, or object was previously classified as a state secret." The law does not indicate when the Chief Executive or when Beijing will be responsible for issuing certification of a state secret, which seems to call into question the extent to which the mainland's framework for state secrets will extend to Macau. As a Macau scholar points out in a November 2008 article (p. 13), Macau does not currently have its own state secrets law.
Amnesty International asserted in a March 2, 2009, press release that if Beijing uses the same criteria for determining state secrets in Macau as it does on the mainland, the practice could impact the rights of Macau citizens, including the right to free expression. According to a June 2007 Human Rights in China report, the state secrets framework on the mainland is opaque, definitions of state secrets are vague, and state secret designations have been used to keep human rights and political cases away from public view.
Prohibitions Against Acts by Macau and Foreign "Political Organizations" That Harm National Security
Article 6 criminalizes the behavior of "foreign political organizations or groups," if that behavior is found to endanger national security. Article 7 criminalizes the establishment of links by Macau political organizations and groups with foreign political organizations and groups for the conduct of acts found to endanger national security. "Links" in this provision include, among others, "the receipt of instructions, orders, money, or valuables from foreign organizations or their agents," and "the collection, preparation, or public dissemination of false or clearly distorted news." Terms in the provisions including, "endangering national security," "political organizations or groups," and "dissemination of false or clearly distorted news," remain undefined. In its submission to the consultative process, ITUC stated its apprehension that Articles 6 and 7 [in the final law] could be utilized by Macau authorities to prohibit Macau individuals or groups from associating with labor unions, international organizations, and foreign civil society groups. Authorities could also invoke these provisions to prohibit Macau organizations or groups from associating with human rights group or accepting democracy or rule of law assistance.
In addition, Article 8 allows for daily fines to be levied against sentenced organizations (for crimes outlined in Articles 3 through 7), which could have the effect of bankrupting civic groups. The fines are levied on a daily basis, i.e., Macau patacas $100 (US$12) to $20,000 (US$2,550) a day for a minimum of 100 days and a maximum of 1,000 days (Article 8).
More information on China's state security provisions can be found in the CECC 2009 Annual Report and the 2008 Annual Report. For more information on the attempt to pass a National Security Bill in Hong Kong, see Section VIII!Recent Developments in Hong Kong, in the CECC 2003 Annual Report. More information on the Universal Periodic Review of China may be found on the CECC Web site.
| Source: -See Summary (2009-04-06 / English / Free) |
Posted on: 2009-11-06 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=131402 |
Congressional Executive Commission on China Releases Annual Report on State of Human Rights in China
(Washington, D.C.)!The Congressional-Executive Commission on China released its 2009 Annual Report on human rights and the rule of law in China on October 16, along with a PDF containing case records of 1,279 political prisoners currently detained or imprisoned in China.
^We are deeply concerned about continued human rights abuses and stalled rule of law reform documented in the Commission's 2009 Annual Report. Many Chinese government policies designed to address social unrest and bolster the Communist Party's authority are resulting in a period of declining human rights for Chinese citizens, ̄ said Senator Byron L. Dorgan, Chairman of the Commission in a joint statement with Representative Sander Levin, Co-Chairman of the Commission.
^The Chinese Government has made economic development a priority, and has lifted hundreds of millions of people out of poverty. But, Chinese government policies and practices continue to violate the rights of Chinese citizens and fall far short of meeting international standards, ̄ said Dorgan and Levin in a joint statement.
"The Report documents the challenges and opportunities that exist for China to create a more open society with greater respect for human rights, including workers rights, and the rule of law. Holding the Chinese government accountable to its international commitments, including trade, fundamental rights, and the rule of law is an essential element for securing progress.
"A stable China firmly committed to the rule of law and fundamental rights is in the national interest of the United States. Those rights include the right to speak freely, the right to organize into independent unions, and to practice the religion of one's choosing. To ensure a positive U.S.-China relationship, it is vital that China¨s leaders demonstrate genuine commitment, not just in words but in deeds, to prioritizing fundamental rights in no lesser measure than they have prioritized economic development," added Dorgan and Levin.
The Commission consists of nine members of the House of Representatives, nine Senators and five senior Administration officials appointed by the President. The Commission¨s Annual Report is among the most comprehensive, public examinations of the state of human rights and the rule of law in China produced by the US government.
Statements by Members of the Commission:
Sen. Sam Brownback
| Source: -See Summary (2009-10-16 ) |
Posted on: 2009-10-19 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=130525 |
Ahead of Sensitive Dates, Lhasa Officials Add "Strike Hard" to Crackdown
Officials in Lhasa city, the capital of the Tibet Autonomous Region (TAR), have implemented a "strike hard" anti-crime campaign running from mid-January until late March 2009!a period of time that brackets a series of dates that many Tibetans consider to have a high level of cultural and political sensitivity. The campaign aims to "strike hard according to law against all kinds of illegal criminal activity and to vigorously uphold the city's social order and stability," according to a January 23 report (in Chinese) published in the Communist Party-run Lhasa Evening News (LEN).
The "strike hard" campaign took effect as Lhasa residents entered the 11th month of a well-entrenched security crackdown that People's Armed Police (PAP) and public security officials established following the cascade of Tibetan protests that began in Lhasa on March 10, 2008, and by April had reached across the TAR and Tibetan autonomous areas located in Qinghai, Gansu, and Sichuan provinces. Tibetan protesters resorted to rioting on March 14-15 in Lhasa and other nearby locations. The Congressional-Executive Commission on China (CECC) reported in its 2008 Annual Report that as a result of the Chinese government crackdown on Tibetan communities, monasteries, nunneries, schools, and workplaces following the wave of Tibetan protests, Chinese government repression of Tibetans' freedoms of speech, religion, and association had increased to what may be the highest level since approximately 1983, when Tibetans were able to set about reviving Tibetan Buddhist monasteries and nunneries. (See International Campaign for Tibet (ICT), "Tibet at a Turning Point, 6 August 08, for more information on the crackdown.)
LEN reported that the "strike hard" campaign during its first week deployed a substantial amount of security resources!a force certain to attract residents' notice!but information in the report shows that "strike hard" personnel detected relatively little alleged criminal activity. More than 600 personnel using more than 160 vehicles were mobilized by January 21, according to the January 23 LEN report. On January 25, LEN reported (in Chinese) that in the first week security officials conducted checks on a total 8,424 persons at 3,813 rented residences, 33 hotels and guest houses, 56 bars and Internet cafes, and 30 residential courtyards. Police detained a total of 51 of the 8,424 persons (0.6 percent) on suspicion of criminal activity, including 30 on suspicion of theft, burglary, and prostitution. Two of the detainees had "reactionary discussion" and "reactionary songs" on their cell phones, the LEN report said.
"Strike hard" officials checked whether or not each of the 8,424 persons they examined had a permit to be in Lhasa!only 148 persons (1.8 percent) did not. NGOs and media organizations have reported that officials have intensified such checks since the early stages of the crackdown (see, e.g., China Digital Times, 30 April 08; Radio Free Asia (RFA), 5 November 08; and ICT, 13 November 08). Persons visiting Lhasa for as little as four days must register with public security officials, according to a January 23 Tibetan Centre for Human Rights and Democracy report.
The "strike hard" campaign will be in force during a 70-day period that brackets a series of dates that Tibetans regard as sensitive. The campaign will not expire until March 29 if measured from the January 18 launch date announced in the LEN report, or until March 31 if measured from a January 20 "comprehensively launched" date that LEN provided in a second January 23 report (in Chinese). The campaign will be active during the following observances and anniversaries.- Tibetan New Year (Losar), February 25, 2009. Some Tibetans living in Tibetan autonomous areas of China intend to express in a passive manner their discontent with developments over the past year, including the death and imprisonment of Tibetan protesters, by foregoing the usual celebration of Losar. Reuters reported from Lhasa on February 12 that "many Tibetans" are boycotting Losar celebrations "in quiet defiance of the crackdown." A February 11 Xinhua report said that Nyima Tsering, Vice Chairman of the TAR People's Congress Standing Committee (TAR PCSC), at a February 10 press conference in Lhasa urged Tibetans to continue with Losar celebrations "in response to an underground campaign by some secessionists to boycott the festival." "Tibetan people are enjoying a good life now," Nyima Tsering said, "there is no reason for them to forgo celebrating their traditional holiday this year." If Chinese government officials choose to characterize Tibetan non-celebration of the New Year as an expression of "splittism," a crime under Article 103 of the Criminal Law, then authorities could pressure Tibetans to choose between celebrating Losar or facing the possibility of punishment that could include criminal prosecution.
- Fiftieth anniversary of March 10, 1959, the date when tens of thousands of Tibetans in Lhasa gathered outside the Dalai Lama's Norbulingka residence because they feared a People's Liberation Army plot to harm him. The Dalai Lama escaped from Lhasa a week later and fled into exile. On March 10 of every year since 1960 the Dalai Lama has made a formal statement to the Tibetan people. (See the Web site of the Office of His Holiness the Dalai Lama for a chronology, biographical information on the Dalai Lama, and an archive of March 10 statements.)
- First anniversary of March 10, 2008, the start of the wave of Tibetan protests. The protests resulted in a large number of Tibetan deaths, detentions, and disappearances according to reports by media and NGOs, but Chinese government measures to prevent information from leaving China have prevented a complete and accurate accounting of the consequences. Chinese officials blamed "the Dalai Clique" for "masterminding" the 2008 protests and rioting, and did not acknowledge the role of rising Tibetan frustration with Chinese policies. (See the CECC 2008 Annual Report for information on the Tibetan protests and their consequences. See Tibet: Special Focus for 2007 of the 2007 Annual Report, and Section VIII!Tibet of the 2006 Annual Report for additional information on Chinese government and Communist Party policies that deprive Tibetans of rights and freedoms nominally protected under China's Constitution and legal system.)
- First observance of "Serfs Emancipation Day", March 28, 2009. The TAR People's Congress established the holiday on January 19, 2009, to commemorate the March 28, 1959, Chinese government decree that dissolved the Dalai Lama's Lhasa-based Tibetan government. Legchog (Lieque), the Chairman of the TAR PCSC, said on January 16, 2009, that Serfs Emancipation Day would "strengthen Tibetans' patriotism," according to a January 16 Xinhua report. RFA reported on January 16 that TAR prefectural and county officials had met to "ensure that all people mark the occasion with festivities." Chinese government measures to pressure Tibetans into celebrating the end of the Dalai Lama's government (and, by association, the departure of the Dalai Lama), have already provoked protests. For example, about 300 Tibetans, including monks, protested on January 10 in Jiangda (Jomda) county, Changdu (Chamdo) prefecture, TAR, in an attempt to dissuade local officials from sending a Tibetan dance troupe to Lhasa to participate in Serfs Emancipation Day celebrations, according to a February 9 Phayul report. Officials forced the dance troupe to depart for Lhasa on January 15 and authorities detained at least seven monks on January 24, the report said.
A Lhasa government official and the Dalai Lama have said in separate statements that current tensions could result in further protests. Lhasa Deputy Mayor Cao Bianjiang referred to the Dalai Lama at a February 10 press conference in Lhasa and said that "some people . . . do not want to see the peaceful development of Lhasa's economy," according to a Reuters report that day. "So it cannot be entirely avoided that some people continue to cause disturbances," Cao said. The Dalai Lama said on February 11 while visiting Germany that there is "too much anger" in Tibet and that "[a]t any moment an outburst could happen," according to Telegraph (U.K.) and Voice of America reports the same day.
According to information accessible by the public in the CECC Political Prisoner Database (PPD) as of February 17, 2009, security officials detained 24 Tibetans during January 2009 for political protest activity!more than during January in any other year since Tibetans resumed political activism in September 1987. The average number of political detentions of Tibetans during January in the years 1988 through 2008 was 3.7, based on information accessible by the public in the PPD. The increase in 2009 is consistent with statements anticipating a sustained increase in Tibetan protest activity noted above. The January 2009 detentions also are noteworthy for several other reasons.- The actual number of detentions during January may continue to increase beyond what has been reported thus far as additional information continues to come to light.
- The Jiangda county protest was forward-looking, focusing on March 28 "Serfs Emancipation Day" ceremonies, rather than reactive, such as Tibetan protests against anti-Dalai Lama and "patriotic education" campaigns.
- All 24 of the January 2009 detentions recorded in the PPD took place in Changdu prefecture or Ganzi (Kardze) Tibetan Autonomous Prefecture (TAP), Sichuan province. The two prefectures border each other, with the Yangzi River forming a boundary.
- January has concluded only recently!the actual number of January protests and detentions may surpass what has been reported so far.
International media organizations have reported that Chinese authorities are closing Tibetan areas to foreign travelers in advance of the sensitive dates. According to a February 18 Telegraph (U.K.) report, officials in the TAR told tourist agencies not to accept tour groups for an unspecified period of time expected to last at least until the end of March. According to a February 12 Associated Press (AP) report (reprinted in Washington Post), several unidentified foreign journalists reported being expelled from unspecified Tibetan-populated areas of China during the week preceding the report. A tourism official in Gannan (Kanlho) TAP said that Gannan would be closed to foreigners until late March, according to the same report. Officials had closed parts of Ganzi TAP that had been open in late January, and only 3 counties (of 18) in the prefecture would remain open, AP said.
Ganzi and Gannan TAPs have been especially active protest areas since March 2008, based on information available in the CECC PPD. Ganzi TAP has been the site of more detentions of Tibetan protesters (not rioters) than any other prefectural-level Tibetan area during the period of protest that began on March 10, 2008. None of the 12 county-level areas where China's state-run media reported Tibetan rioting are located in Ganzi TAP (see Section V!Tibet, CECC 2008 Annual Report, endnote 6). As of February 23, 2009, the PPD contained information on 528 Tibetan protesters detained on or after March 10, 2008. Security officials detained 213 (40 percent) of the 528 protesters in Ganzi TAP. Authorities detained the next largest number of Tibetan protesters!82 persons!in Gannan TAP. PPD information on the detention of Tibetan protesters since March 10, 2008, is far from complete. Chinese government efforts to prevent information about the detention and imprisonment of Tibetan protesters from leaving China have prevented a complete and accurate accounting of the cases.
| Source: -See Summary (2009-02-25 ) |
Posted on: 2009-08-30 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=117365 |
Xinjiang Authorities Train, Seek to Regulate Muslim Women Religious Figures
The Chinese government strictly regulates religious practice in China, and controls over religion in the Muslim-majority western region of Xinjiang, where Uyghurs and other ethnic groups live, are especially tight. As this analysis shows, in recent months, some local governments in Xinjiang have described steps to include Muslim women religious figures in state-led political training programs for religious personnel. Information on training sessions for the women, along with a proposal to strengthen official oversight of the women, stress the women's role in disseminating Party policy on religion and in fighting "infiltration" of the region by "hostile enemy forces." Some reports also stress the importance of women refraining from wearing veils and call for steps to rein in their religious activities. The reports on training the women and on curbs over their religious practices come during a period of heightened controls over religion in Xinjiang.
In recent months, two local governments in the Xinjiang Uyghur Autonomous Region (XUAR) published reports on the government and Communist Party-led political training of Muslim women religious figures known as b┨wi. (B┨wi is a Uyghur word transliterated in the Chinese-language reports cited here as buwei. See the next paragraph for more information on the term.) According to an April 24 report on the Peyziwat (Jiashi) county (Kashgar district) government Web site, government and Communist Party officials in Y└ngi Mehelle (Yingmaili) township gathered the b┨wi of 10 local villages for training in government and Party policy toward religion and to sign a pledge to "uphold stability." Based on the pledge, the women will refrain from "wearing veils or long dresses, teaching religious texts to students, and forcing other individuals to participate in religious activities." As part of efforts to train all religious figures in rotation over a four-year period, the Bayangol Mongol Autonomous Prefecture in the XUAR already has provided training to 100 b┨wi, according to a June 4 report on the prefectural government Web site.
Some of the Chinese reports (including the Bayangol report discussed above as well as reports in the following paragraphs) define b┨wi as women who wash corpses and perform religious rites at the homes of the deceased. The term also broadly encompasses Muslim women with a level of religious knowledge who are able to read the Quran and provide religious instruction. (Information based on CECC staff interview. See also basic definitions in the Yulghun dictionary.) For a description of b┨wi specifically as "Women Sufi ritualists," see an article on the "Music of the Uyghurs" by scholars Rachel Harris and Yasin Muhpul, posted on the Web site of the London Uyghur Ensemble.
The recent information on training b┨wi follows a proposal from the 2nd meeting of the 10th XUAR People's Political Consultative Conference (XUAR PPCC), initiated by the Vice-Chairwoman of the XUAR Women's Federation and dated December 23, 2008, on bringing b┨wi under government and Party management, according to a copy of the proposal posted April 2, 2009, on the XUAR PPCC Web site. The proposal states that b┨wi have existed in a "no-man's land" without state oversight and calls for taking advantage of the women's social status to spread the Party's religious and ethnic policies among Muslim women. The proposal also states that failing to capitalize on b┨wi's status to disseminate Party policy could permit "hostile elements within and outside of [China's] borders" to use religious and ethnic customs to "carry out infiltration activities among women." The proposal adds that in some ethnic minority areas, where "a religious atmosphere is comparatively strong," women believers are devout and their thinking is "ignorant, lacking common sense and reason," thus making them vulnerable to infiltration by the "three forces" of terrorism, separatism, and religious extremism. It also cites cases of such forces "using" b┨wi to carry out "illegal sermonizing activities." In addition, the proposal expresses concern that in some areas, some ethnic minority women "still" wear face coverings and clothing with a "pronounced religious hue." Moreover, many rural women believers have "limited social interaction," "relatively weak capacity for distinguishing right from wrong," and are susceptible to being "incited" or "misled" by "bad people."
The proposal lists four measures to address the "problem" of lack of oversight of b┨wi and risks of "infiltration" by hostile forces. First, it calls for drawing b┨wi under official supervision so that b┨wi can aid in activities such as "educating women to differentiate lawful religious activities" from illegal ones and to differentiate "the bounds of ethnic social customs and religious activities." In addition, b┨wi working in this capacity can report on religious activities and the state of women¨s thinking to Party authorities and help curb cases of women¨s participation in "illegal religious activities" and "underground sermonizing activities." Second, the proposal recommends a system whereby b┨wi voluntarily apply for training and under which applications are vetted by the state-controlled Islamic associations at local levels. Under this system, preferred applicants are to be "politically reliable" and possess a "definite level of culture and knowledge of religious texts." Third, the proposal calls for organizing an administrative body under the lead of the United Front Work Department--the Communist Party organization that among other things oversees religious communities in China--and including offices such as the public security bureau, women¨s federations, Islamic associations, and ethnic and religious affairs offices. Finally, the proposal outlines the content of training, which includes studying such texts as "Definitions of 23 Types of Illegal Religious Activities" and conveying information on appropriate procedures for Muslim funerals. (See a copy of the "Definitions of 23 Types of Illegal Religious Activities" posted February 2, 2008, on the Chinggil (Qinghe) county, Altay district, Ili Kazakh Autonomous Prefecture government Web site.) (See also a condensed text similar to the proposal on b┨wi submitted as a suggestion at the 2nd meeting of the 10th XUAR PPCC, posted January 12, 2009, on the Web site of the XUAR PPCC.)
Although political consultative conferences have an advisory function and their proposals do not carry binding legislative force, the XUAR PPCC proposal may reflect a trend in increasing efforts to regulate the activities of b┨wi in the XUAR. (See a description of the national Chinese People's Political Consultative Conference (CPPCC), posted March 4 on the China Daily Web site, and an undated introduction on the Web site of the National Committee of the CPPCC for background information on CPPCC proposals.) The proposal also underscores the role that women¨s federations have played in serving as a bridge for government and Party policy in areas such as religious oversight and anti-separatism campaigns. See, for example, an April 7 report from Toqsu (Xinhe) county, Aqsu district (via Xinjiang Peace Net), describing "outstanding problems" in "bizarre" women's apparel and noting that an expert invited by the XUAR Women's Federation provided a "correct interpretation" of the Quran's views toward women's clothes. See also information in a previous CECC analysis on the role of a prefectural women¨s federation in carrying out anti-separatism activities among women.
The Commission also has found reports of steps to train or supervise b┨wi and other people described as corpse washers prior to the late 2008 and 2009 proposal and reports. See, for example, 2007 reports from Chira, Lop, and Niye (Minfeng) counties, all within Hoten district (reports all via the Hoten district government Web site), describing steps by women's federations through which female party cadres engage in "talks" with female corpse washers. Also in 2007, Yopurgha (Yuepuhu) county in Kashgar district trained 38 b┨wi and other personnel who wash corpses to inform villages about "legal" religious behavior and the Party's religious policy, according to a report that year from the Yopurgha government Web site. In June 2007, the Maytagh (Dushanzi) district government in Qaramay city included corpse washers in classes about the "reactionary nature" of the "Islamic Liberation Party," according to a report that month from the district government Web site.
The late 2008 and 2009 reports on the training of b┨wi come during a period of heightened controls over religion in the region implemented as part of broader security and anti-separatism campaigns. See previous Commission analysis (1, 2) for details. For more information on conditions in the XUAR, see section IV--Xinjiang, in the CECC 2008 Annual Report.
| Source: -See Summary (2009-06-30 ) |
Posted on: 2009-08-20 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=125102 |
CECC Chairman and Cochairman Call on China to Abide by Commitments to Protect Human Rights and Promote the Rule of Law in Xinjiang
(Washington, D.C. C July 9, 2009) C Senator Byron Dorgan, Chairman and Representative Sander Levin, Cochairman of the Congressional-Executive Commission on China (CECC) made the following statement on the Chinese government¨s response to demonstrations in the Xinjiang Uighur Autonomous Region of China:
^We are deeply saddened by recent reports of deaths and injuries in the Xinjiang Uighur Autonomous Region of China, and express our heartfelt sympathy to Uyghur and Han Chinese individuals and their families who have suffered.
^We note with great interest that Chinese and foreign media are present in the region, which is an important development. We continue to hear reports, however, of restrictions on reporters¨ activities and of other controls over the free flow of information. These restrictions hamper reporting on these important events, and a number of details about the demonstrations remain unknown.
^We call on the Chinese government, when addressing recent events in Xinjiang, to abide by its domestic and international commitments to protects citizens¨ human rights and promote the rule of law. We also urge the Chinese government to address the longstanding grievances of the Uyghur people that in part gave rise to the recent demonstrations.
^Specifically, we call on the Chinese government to:
- Honor the Chinese Constitution's guarantees for the freedoms of speech and association, distinguish between acts of peaceful protest and acts of violence, and not treat peaceful protest as a crime.
- Allow international observers and journalists immediate and unfettered access to the Xinjiang.
- Provide details about each person detained or charged with a crime, including each person's name, the charges (if any) against each person, the name and location of the prosecuting office and court handling each case, and the name of each facility where a person is detained or imprisoned.
- Ensure that security officials fulfill their obligations under Articles 64(2) and 71(2) of China¨s Criminal Procedure Law to inform relatives and work places where detainees are being held.
- Allow access by diplomats and other international observers to the trials of people charged with protest-related crimes.
^As we in the United States well know, ethnic, racial and cultural diversity is a tremendous national asset. We urge China to draw strength from its own diversity, and to fully implement its own laws and policies that protect the rights of all citizens equally."
| Source: -See Summary (2009-07-09 / English) |
Posted on: 2009-08-19 |
 |
more ... |
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=128705 |
First Joint Meeting of the U.S.-China Strategic and Economic Dialogue
The first joint meeting of the U.S.-China Strategic and Economic Dialogue (S&ED) was held in Washington, DC from July 27-28, 2009. The meetings focused on addressing the challenges and opportunities that both countries face on a wide range of bilateral, regional, and global areas of immediate and long-term strategic and economic interests. This first meeting also set the stage for intensive, ongoing and future bilateral cooperative mechanisms. Treasury Secretary Timothy F. Geithner and Secretary of State Hillary Rodham Clinton hosted, and were joined by their respective Chinese Co-Chairs, State Councilor Dai Bingguo and Vice Premier Wang Qishan.
Online Resources on the U.S.-China Strategic and Economic Dialogue:
- Joint Press Release on the First Round of the U.S.-China Strategic and Economic Dialogue; Washington, DC (7/28/09)
- Memorandum of Understanding to Enhance Cooperation on Climate Change, Energy and the Environment (7/28/09) (Also see pdf of original, signed document)
- Signing Ceremony for the U.S.-China Memorandum of Understanding to Enhance Cooperation in Climate Change, Energy, and the Environment (7/28/09)
- U.S. Fact Sheet: First Cabinet-level Meeting of Economic Track of U.S.-China S&ED (7/28/09) (pdf version)
- The First U.S.-China Strategic and Economic Dialogue Economic Track Joint Fact Sheet (7/28/09)
- Fact Sheet: U.S.-China Strategic and Economic Dialogue (S&ED)
- Closing Remarks for U.S.-China Strategic and Economic Dialogue (7/28/09)
- Joint Press Availability With Treasury Secretary Geithner and Secretary of State Clinton (7/28/09)
- Remarks at Closing Dinner by Hillary Rodham Clinton, Secretary of State (7/28/09)
- Strategic Track Discussion Session II (7/28/09)
- Treasury Secretary Timothy F. Geithner's Strategic and Economic Dialogue Closing Statement (7/28/09)
- Timothy F. Geithner Economic Track Opening Session Statement (7/28/09)
- Remarks at Plenary Session of the U.S.-China Strategic and Economic Dialogue; Hillary Rodham Clinton, Secretary of State (7/27/09)
- Special Background Briefing on U.S.-China Strategic and Economic Dialogue; Washington, DC (7/27/09)
- Op-Ed by Hillary Rodham Clinton, Secretary of State and Timothy Geithner, Secretary of the Treasury: "A New Strategic and Economic Dialogue with China;" The Wall Street Journal (7/27/09)
- Secretary Geithner S&ED Opening Ceremony Statement (7/27/09)
- Press Release: U.S.-China Strategic and Economic Dialogue To Be Held July 27-28, 2009, in Washington, DC (7/13/09)
- Joint Statement by Secretary of the Treasury Geithner and Secretary of State Clinton (6/02/09)
- U.S. Treasury Secretary Timothy F. Geithner Names Additions to Economic and Financial Leadership Team for China (6/01/09) (Photo)
- Speech by Secretary Geithner - The United States and China, Cooperating for Recovery and Growth (5/31/09)
- State Department-Treasury Department Joint Statement (4/01/09)
- EcoPartnerships.gov
- S&ED Pictures
| Source: -See Summary (2009-08-05 / English) |
Posted on: 2009-08-06 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=127997 |
China Restricts Reporting on Internet Filtering Plan, Iran Protests, Other Topics
Chinese propaganda officials often respond to events deemed politically sensitive with directives limiting domestic media coverage and online public discussion. In recent months, Chinese officials reportedly issued a number of directives restricting press coverage of politically sensitive topics. Among these were two June 2009 directives, one in response to public criticism of a government plan to require the "pre-installation" of filtering software on all computers sold in China, and another in response to protests in Iran following that country's June 12 presidential election. These and other directives violate international standards for freedom of expression because they have no clear basis in law and are intended to shield the government and Party from criticism.
Propaganda officials issued two separate directives in June 2009 ordering newspaper editors, journalists, and Web sites to avoid criticism of the government's decision to require "pre-installation" of filtering software on all computers sold in China after July 1 and to downplay coverage of protests in Iran following the contested June 12 presidential election, according to a June 11 Radio France Internationale (RFI) article (in Chinese) and a June 20 South China Morning Post (SCMP) article (subscription required).
Directive Relating to Filtering Software Plan
The RFI article said that the Party's Central Propaganda Department issued the directive concerning the filtering software on June 10. According to RFI, the notice ordered all media not to "publish discussion questioning or criticizing" the government's plan, but instead to "expand positive guidance." It said media could organize experts and parents to make statements in support of the plan. The notice also ordered all media to remove comments attacking the plan from discussion spaces on their Web sites, according to the RFI article. The Ministry of Industry and Information Technology (MIIT) made the plan public on June 9, posting a circular on its Web site requiring all computers sold in China after July 1 to be packaged with a single brand of government-approved "pre-installed" filtering software called "Green Dam-Youth Escort." Officials said the purpose was to protect young people from pornography and violence, but citizens raised concern that the policy would threaten privacy and free expression and was overly broad. Citizens also questioned the legality and transparency of the government's selection of the companies providing the software. On June 30, 2009, the MIIT announced it was delaying implementation of the plan.
Media outlets under the direct control of the Communist Party and central government issued articles supporting the plan after the release of the directive. A June 11 People's Daily article (in Chinese), for example, featured the responses of two experts on youth psychology and youth Internet usage supporting the plan during an online chat with Internet users. A June 12 Xinhua article (in Chinese) defended the plan by pointing out measures regulating Internet content in the United States, Japan, and Taiwan. Other domestic media, however, continued to criticize the policy. A June 11 editorial in the China Daily, an official English-language newspaper, questioned the obligatory nature of the software and its potential threat to freedom of expression, while a June 22 Chinese-language article in Caijing, a more independent financial magazine, said the move lacked "sufficient moral and legal ground."
Directive Relating to Protests Following Iran Presidential Election
The SCMP article said that propaganda officials issued the notice concerning the Iranian election protests on June 19. According to the SCMP, the notice banned editors and columnists from "criticising or commenting on the Iranian government's latest measures to control the disorder." The notice also prohibited Web site administrators from highlighting reports, presenting special pages, or conducting interviews in connection with the Iranian protests. Only reports from Xinhua and People's Daily were allowed to be published, according to the article. A June 27 Washington Post article reported that tens of thousands of comments regarding Iran were deleted in the weeks following the June 19 notice, and only comments supporting the Chinese government's acknowledgement of Mahmoud Ahmadinejad's victory were allowed to remain. The Congressional-Executive Commission on China observed that Party-controlled media alleged "Western" involvement in the protests and "Western" support for the opposition movement. A June 24 article in the Guangming Daily said that "Western" powers "fueled the flames" of the protests in Iran, while a June 28 article in the Global Times characterized the "West" as hoping for a "color revolution" to occur in Iran.
In recent months, Chinese officials reportedly issued a number of other directives restricting press coverage of politically sensitive topics.
- In March, Internet supervision departments issued an internal notice prohibiting Web sites from reporting on or commenting on an environmental impact report relating to the Guangdong Nansha oil refinery and petrochemical project, according to a March 18 China Digital Times report.
- In March, the Central Propaganda Department banned domestic media from republishing or reporting on an article on China's U.S. stock holdings and ordered Web sites to remove the article, according to a March 9 Ming Pao report (via Open Source Center, subscription required). The article was originally published by a Shanghai newspaper and included comments from an academic questioning China's use of foreign exchange reserves to invest in stock. The ban occurred during the annual sessions of the National People's Congress and Chinese People's Political Consultative Conference.
- In February, propaganda officials in Beijing ordered Web sites to delete blogs and discussion groups about a fire at a hotel under construction on the grounds of China Central Television's headquarters. The officials also ordered Chinese media not to publish photos, videos, or in-depth reports about the fire, and to run only official stories issued by Xinhua instead of their own reports.
The directives from propaganda officials in China effectively restrict freedom of expression and have no clear legal basis. Article 19 in both the International Covenant on Civil and Political Rights (ICCPR), which China signed and has committed to ratify, and the Universal Declaration of Human Rights (UDHR), provide "everyone" with a general right to freedom of expression. Both the ICCPR (Article 19, paragraph 3), and the UDHR (Article 29) allow officials to limit this right, but only if such restrictions are "provided by law" (ICCPR), or "determined by law" (UDHR), and "necessary" for (ICCPR), or "solely for the purpose of" (UDHR), respecting the rights or reputations of others or protecting national security, public order, public health or morals, or the general welfare. The propaganda directives violate the ICCPR and UDHR in at least two respects. First, officials impose the restrictions to further government policies and shield the Party from criticism, among other politically motivated reasons, rather than to respect or protect one of the rights or interests set forth in the ICCPR or UDHR. Second, the directives have no clear basis in law. The directives do not meet the international human rights requirement that they be "provided by law" or "determined by law" in part because they are issued by a Party entity rather than according to China's Legislation Law, which governs the issuance of laws, regulations, and other legally-binding rules by governmental entities in China.
For more information on the Chinese government and Party's censorship of Chinese media, see Section II - Freedom of Expression, in the Congressional-Executive Commission on China 2008 Annual Report.
| Source: -See Summary (2009-07-09 / English / Free) |
Posted on: 2009-08-06 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=125914 |
Authorities Pledge Crackdown Following Xinjiang Demonstration and Clashes
Authorities in the Xinjiang Uyghur Autonomous Region (XUAR) have continued to enforce tight security measures in the region following a demonstration by Uyghurs on July 5 and violent clashes in the XUAR capital of Urumchi (Urumqi). The measures are a stated effort by the government to safeguard stability and "strike hard" against people who officials say incited unrest. The Chinese government has provided limited updates on developments in the region and has permitted limited access by foreign media; however, the government also has continued to enforce controls over the free flow of information on events. Violence also was reported after July 5, including when Han Chinese carrying weapons took to the streets of Urumchi. Official Chinese reports on recent events, however, refer largely to what authorities have termed the "'7-5' [July 5] Serious Violent Criminal Incident of Beating, Smashing, Looting, and Burning" or simply the July 5 "riot." Chinese sources continue to report on detentions, injuries, and death tolls specifically in connection to events on July 5.
See below for more information and see a previous Commission analysis and update for details of events starting July 5.
Authorities Call for Stability Above All and Invoke "Ethnic Unity"
High-level officials from the central government pledged in recent days to take steps to secure stability, mete out punishments, and promote "unity" in the XUAR.- Chinese President Hu Jintao and members of the Communist Party Politburo's Standing Committee met on July 8 and issued a statement that the government would "firmly crack down on serious crimes" and target "[i]nstigators, organizers, culprits and violent criminals" involved in the "riot," according to a July 9 Xinhua report. "Cadres and the public in Xinjiang should stick to the principle that stability overrides everything," according to the statement as quoted in the Xinhua article.
- Politburo Standing Committee member Zhou Yongkang visited the region and called for measures to promote stability and promote Party policy. A July 10 Xinhua report paraphrased Zhou as saying, "All CPC members should fan out to communities and villages in the autonomous region to publicize the Party's policies, in order to ensure the region's social stability," and "Every household and every community in Xinjiang should contribute to the ethnic unity in the region." During his trip, Zhou Yongkang traveled to Kashgar and Hoten districts on July 11 and met with security forces there, according to a report that day from Xinhua. Urumchi Party Secretary Li Zhi had said some of the "criminal elements" involved in "beating, smashing, looting, and burning" came from Kashgar and Hoten districts, and that there was organization and pre-planning involved, according to a July 12 article from CCTV (via People's Daily).
In the days after the July 5 demonstration and violence that followed, domestic and overseas media have reported on a heavy security presence and tight security measures in the region. Xinhua reported on July 13 (via the China Internet Information Center) that all residents in the city "were ordered [July 12] to always carry their identity cards or driver's licenses for police checks when they go out in Xinjiang's capital city of Urumqi." Sources reported to Radio Free Asia on security measures in Urumchi as well as other cities in the XUAR, including house-to-house searches in Kashgar and detentions in several cities, according to a July 9 report from Radio Free Asia. For other reports, see, e.g., a July 8 New York Times report, July 9 Associated Press article (via the Examiner), July 9 South China Morning Post article (subscription required), and July 12 Reuters report (via National Post).
Detentions Continue, Official Pledges Death Penalty for Perpetrators
High-level officials continue to pledge to punish people who committed crimes on July 5, including through use of capital punishment, and authorities have reported on continuing detentions in the region. Xinhua reported in a July 10 article that authorities detained 190 people in a series of four operations on July 9 and July 10, in connection to events on July 5. The report follows an announcement by Urumchi Party secretary Li Zhi on July 7 (via Xinhua) that authorities had detained 1,434 people--1,379 men and 55 women--in connection with events on July 5, some of whom "might be released if no serious criminal records were found," according to a paraphrasing of Li's remarks in the Xinhua article. The region's police chief reported early on July 7 that officials had detained roughly 700 people and continued to pursue "about 90 other key suspects" (see a July 7 Xinhua article). The head of the XUAR Public Security Department said on July 9 that "many" criminal suspects already had started to provide details on alleged criminal activity and that police had "found" and "sorted through" cases involving over one hundred suspects, according to a July 10 CCTV report (via Chongqing News Net).
In a July 11 Legal Daily article referring to events in the XUAR, Wang Shengjun, president of China's Supreme People's Court (SPC), called on courts of all levels to be united in their thinking with the judgments and policies of central authorities. Wang called for "striking hard in accordance with law" against "plotters, organizers, and key members" of the "serious violent criminal incident of beating, smashing, looting, and burning," along with perpetrators of serious violent crimes. Wang called for carrying out "education management work" toward ordinary people who had been "hoodwinked." XUAR procuratorates have deployed staff to work with public security organs, and the XUAR High People's Court said all courts in the region would prioritize "striking hard" at crimes that endanger state security as well as crimes of violent terrorism, according to a July 11 China Daily article referring to incidents on July 5.
Urumchi Party Secretary Li Zhi said at a press conference on July 8 that authorities would use the death penalty for crimes connected to events on July 5. "To those who have committed crimes with cruel means, we will execute them." (See the quote from Li Zhi in, e.g., a July 8 New York Times article and July 9 Telegraph article.) As noted in the CECC 2008 Annual Report, as of January 1, 2007, the SPC has resumed reviewing all death penalty cases in China, and the SPC has since overturned some sentences handed down by lower courts. Former SPC President Xiao Yang reported at the National People's Congress session in March 2008: "The SPC has been working to ensure that the capital punishment only applies to the very few number of felons who committed extremely serious, atrocious crimes that lead to grave social consequences." Current SPC president Wang Shengjun created a controversy during his first few months in the post when he stated that one of the factors that should be weighed in deciding whether a convicted defendant should be sentenced to death is popular will. (See the CECC 2008 Annual Report for detailed analysis.)
Beijing Authorities Issue Notice on Lawyers' Handling of Xinjiang-Related Legal Cases
The Beijing Municipal Judicial Bureau issued a notice on its Web site on July 8 calling on justice bureaus, the municipal lawyers association, and law offices in Beijing to "exercise caution" in representing cases related to events in the XUAR. The notice specified that before accepting cases, partners in law offices should look into the issue, "report the matter," and "take initiative to accept supervision and direction from judicial organs and the lawyers association." (See also reports on the notice in a July 13 article from Chinese Human Rights Defenders and July 14 Associated Press article (via Yahoo).) In a July 10 press release, Amnesty International cited sources in China as saying that authorities warned some law firms employing human rights lawyers that the lawyers were not to work on cases related to events in the XUAR.
Additional Demonstration, Sporadic Outbreaks of Violence Reported, "Illegal Assembly" Banned
Following the demonstration on July 5 and violence on July 5 and July 7, media continued to report on occasional outbreaks of violence later in the week as well as another demonstration. As of July 8, a traffic curfew had been suspended, "and a strengthened military force, aided by helicopters clattering overhead, kept streets largely calm," according to a July 8 New York Times article. The article also noted "a few reports of violence" on July 8. (See also a July 9 South China Morning Post article (subscription required).)
Worshipers for Friday prayers on July 10 challenged the government's orders to close mosques early, and about 40 Uyghurs attempted to march the same day, according to a July 10 Associated Press report (via Canadian Broadcasting Corporation). (For more information on reports of the government closing mosques in Urumchi, see also a July 10 Agence France-Presse report, via France 24, and July 10 Radio Free Asia report.) According to a July 11 report from the State Administration for Religious Affairs, "some imams proposed that religious believers need not collectively gather and worship in mosques during sensitive periods and could worship at home." The report said some mosques in Urumchi stayed open and also reported on mosques that were open in other cities in the XUAR.
The Urumchi Public Security Bureau issued a notice on July 11 banning "illegal" assembly, marches, and demonstrations, according to a July 11 Xinhua report. The notice forbids demonstrations without police permission and says police may use "necessary means" to disperse crowds, according to the report. The report also noted that "there are still sporadic illegal assemblies and demonstrations in some places." The report said police issued the order "to maintain public order and ensure the security of lives and property."
Xinhua reported on July 13 that police attempting to stop three Uyghurs from attacking another Uyghur shot two of the alleged attackers to death and injured the other. According to two people who said they saw the incident, cited in a July 13 Agence France-Presse report, the three Uyghurs were attempting to target security forces.
Authorities' Reactions to Han Chinese Reported to Vary
Authorities' action toward Han Chinese who took to the streets starting on July 7 reportedly has varied. After the July 5 demonstration by Uyghurs and violence that day, Xinhua reported on July 7 that "[s]everal thousand protesters, mostly Han Chinese, marched" in the streets of Urumchi that afternoon. Xinhua reported that the "protesters, holding clubs, knives, axes, hammers and various types of tools that could be used as weapons, shouted 'protecting our home, protect our family members.'" The report said the protests "gradually dispersed in about 40 minutes." Police used tear gas on the crowd, according to a July 7 report from Agence France-Presse (via Bangkok Post).
Elsewhere, a reporter for the Telegraph wrote in a July 9 entry on his blog for the newspaper, regarding "the huge number of Han who took to the streets with their clubs and other weapons to show their anger over what they say was effectively an anti-Han pogrom carried out by thuggish Uighur elements on Sunday night," that "the Han crowds on Tuesday effectively were allowed to go round and round in circles, exhausting themselves in the hot sun while never actually being allowed to reach the objects of their anger." Other reports indicate that some Han Chinese who took to the streets starting July 7 did not stay within set areas and that some carried out attacks on Uyghurs. (See, e.g., a July 7 Reuters report and see sources cited in the next paragraph.)
Xinhua published an article on July 9 stating that authorities helped people regardless of ethnicity. The article detailed how public security officers from the Xinjiang Production and Construction Corps (XPCC) aided three ethnic minority students returning from an exam who ran into a "crowd of Han Chinese demonstrating" (youxing) and "ran away due to a psychology of fear." After "verifying the situation described" by the three students, the XPCC officers decided to take protective measures to "avoid their being hurt by the emotionally agitated Han crowds," according to the report. Uyghurs in Urumchi said government authorities were less strict with Han Chinese who committed attacks on Uyghurs, according to a July 9 Radio Free Asia report. See also information in a July 9 Straits Times article and July 12 New York Times article.
Official Death Toll, Number of Injuries Rise
Authorities said on July 10 that the number of deaths in connection to events on July 5 had increased to 184 people, according to a July 10 New York Times article and July 11 Washington Post article. The government had reported on July 7 that 156 people had died, according to a July 7 Xinhua article, and reported a day earlier that "at least three civilians and an armed police officer" died on July 5, according to a July 6 Xinhua report. Authorities also reported late July 5 that "three ordinary people of the Han ethnic group" died, according to a July 6 Reuters report. Official sources have not clarified the details and dates of each death. Xinhua reported on July 11 that the Urumchi government would give a 200,000 yuan (US$29,300) bereavement payment and 10,000 yuan (US$1,500) for funeral expenses to the family members of the "innocent" who died in connection to events on July 5.
The figures released July 10 were the first since the July 5 report to note the ethnicities of those killed. 137 of the dead were reported to be Han, 46 Uyghur, and 1 Hui, according to the New York Times and Washington Post articles. Other than the initial report of one police casualty and three "civilians," similar details about other people who died remain unreported. Uyghur sources from Urumchi and overseas have disputed the official number killed in the clashes and estimated higher death tolls, especially for Uyghurs, the Washington Post reported.
"The number of people injured in the Urumchi violence on July 5 has risen to 1,680" as of July 12, Xinhua reported (via the China Internet Information Center) on the same day. Based on wording from the article, it appears likely the figure does not include injuries that occurred after July 5. Official sources have not clarified the details and date of each injury.
Chinese Authorities Allege US Support for Alleged Uyghur Terrorism
Chinese authorities have continued to cast blame on U.S.-based Uyghur rights advocate Rebiya Kadeer for events on July 5 and called on the international community to use the same standard to oppose terrorism. On July 9, China's Foreign Ministry spokesperson "said the Chinese government had evidence that the people suspected of inciting the riot had received training from terrorist organizations abroad," according to a July 9 Xinhua report. "The government said it has evidence to prove that the separatist World Uyghur Congress (WUC) led by Rebiya Kadeer had incited and organized the riot," according to the report. A July 8 Xinhua article (via People's Daily) also cast blame on some Members of the U.S. Congress and on the National Endowment for Democracy for supporting and funding the WUC.
The reports have singled out one of the three human rights organizations that Rebiya Kadeer heads. Since her release to the U.S. on medical parole in 2005 following political imprisonment in China, Rebiya Kadeer has taken up leadership of two organizations--the Washington, DC-based Uyghur American Association and Munich-based WUC--and established another Washington, DC-based organization, the International Uyghur Human Rights and Democracy Foundation. See the Web sites of each organization for more information (1, 2, 3).
Nur Bekri Calls for Heightened Political Consciousness at Colleges, Students Reported To Be Locked Within Campus
Reports indicate that college students were involved in the demonstration that began on July 5 and that had been organized earlier through the Internet. (See, e.g., a July 5 press release by the Uyghur American Association.) Some reports also have indicated that authorities prevented students on some campuses from leaving school grounds on July 5 to prevent their participation in the demonstration. (See, e.g., a July 5 Radio Free Asia article and a July 12 report from Xinhua, discussed below.) The government has reported that some of the people detained in connection to events on July 5 are students, according to a July 8 New York Times article.
The South China Morning Post reported on July 9 (subscription required) that students at the Kashgar Teachers College had been held on campus since early July 5, in an effort to stop the students from participating in protests. (The article noted that many of the Uyghur factory workers in Shaoguan had come from Kashgar district and protestors in Urumchi included people who traveled to the capital city from Kashgar.) Radio Free Asia's Uyghur service earlier reported in a July 5 article on the Urumchi demonstration that sources said not many students had participated in the Urumchi demonstration because they had been confined to school campuses for the past three days.
Xinjiang Medical University reported that students and teachers acting under direction from the school effectively had guarded the campus following the July 5 incident, according to a July 12 report from Xinhua. No one from the university participated in the July 5 incident, according to the report. The report said the school learned on July 5 that "extreme speech" was circulating on the Internet about events on June 26 in Shaoguan, Guangdong province, and that a call was circulating on the Internet for ethnic minority students to gather and demonstrate at 8pm on July 5. The school's Party committee decided to take "timely measures," apparently to curb students' participation. The article also described beating back an attack by "thugs" on July 7 and said armed riot troops secured the campus's safety. A source reported to Radio Free Asia on strife between Han and Uyghur students at the university, according to a July 9 report.
XUAR government chairperson Nur Bekri, speaking July 6 at Xinjiang University in Urumchi, called on students and teachers at colleges throughout the region to "further raise their political consciousness," according to a July 7 Xinhua article. He stressed five points: mobilizing Communist Party committees within colleges for tasks such as "understanding students' ideological situation" and "correctly" guiding them; strengthening supervision of students' education and implementing "political and ideological work"; strengthening propaganda education to increase students' and teachers' "conviction in upholding social harmony and stability"; mobilizing "model" ethnic minority cadres and teachers; and "mastering the bounds of policy and isolating and attacking enemies to the largest degree."
Controls Over Flow of Information Continue, Blogger Believed To Be Detained
While media have had access to Urumchi, reports indicate ongoing incidents to curb full access to reporting from the XUAR and to curb reporters' capacity to interview XUAR residents freely.
Noting that the number of Uyghurs injured in attacks by Han Chinese was unclear, the Associated Press reported in a July 11 article (via Maclean's) that its "reporters were not allowed to interview the injured Uighurs in hospitals." Kyodo reported (via Japan Today, July 11) that authorities in Urumchi detained a reporter and cameraman from Japan, along with reporters from the Netherlands and Spain, on July 10. The Japanese reporter said on July 11 that he had since been released, according to the report. Authorities confined to her hotel room a reporter who contributed to Radio Free Asia, according to a July 12 report from RTHK Radio 3 Online (via Open Source Center, subscription required) and July 13 press release from the Committee to Protect Journalists (CPJ). The reporter later returned to Hong Kong, according to the RTHK report. CPJ also reported that Kashgar authorities detained two Agence France-Presse reporters and an Associated Press photographer on July 10 before expelling them from the city and that Urumchi authorities were reported to have detained for a period of hours at least four journalists from overseas.
Authorities in Kashgar ordered foreign reporters to leave the city on July 10 for stated safety reasons, according to an Agence France-Presse report (via Straits Times, July 10). Authorities had said that a demonstration in the city had been peacefully dispersed earlier in the week and denied an overseas report of killings in the city, according to a July 10 South China Morning Post article (subscription only). Kashgar "welcomes foreign reporters to cover news in the area in accordance with related laws and proper procedures," a Kashgar official said on July 10, as cited in a Xinhua article (via CCTV, July 10). As of 10:30 that morning, the Kashgar district government's information office had not received applications to carry out reporting, according to the article.
Controls over the Internet also remain in force. "We cut Internet connection in some areas of Urumqi in order to quench the riot quickly and prevent violence from spreading to other places," according to a Party official quoted in a July 7 Xinhua report. The Congressional-Executive Commission on China was unable to access news and government Web sites, as well as discussion sites, after July 5, and blocks on access to such sites appeared to remain in force, according to Commission monitoring of Web sites through July 13.
Amid news of tightened controls over the Internet, reports indicate that authorities appear to have detained Ilham Tohti (Toxti), founder of the Web site Uyghur Online (Uyghur Biz). Ilham Tohti reported on July 8 that he had received notice that he would be detained, according to a July 9 Associated Press article (via Washington Post). Associates reported his whereabouts unknown after that time. Days earlier, XUAR government chairperson Nur Bekri alleged that Ilham Tohti's Web site contributed to incitement of rioting in Urumchi on July 5, according to the report. Ilham Tohti's Web site addressed issues of ethnicity in China, and Ilham Tohti had criticized government policy in the XUAR on the Web site and elsewhere. Authorities had closed the Web site on multiple occasions in the past and had earlier interrogated Ilham Tohti, accusing him of separatism.
Security Tight in XUAR Before July 5 Demonstration
The July 5 demonstration, ensuing conflict, and calls for tight security measures come during a period of heightened security controls already in place within the region. Authorities increased security controls in 2008 amid preparations for the Olympic Games, as part of intensified anti-terrorism campaigns in the region, and in response to protests by Uyghurs and Tibetans in China in early 2008. In the aftermath of these events, authorities continued throughout fall 2008 to enforce harsh security measures and widespread ideological campaigns, efforts which continued into late 2008 and 2009. Security measures in the region have targeted acts including peaceful expressions of dissent and independent religious activity.
CECC Recommendations:
Call on the Chinese government to - Abide by the guarantees for freedoms of speech, press, assembly, and association contained in the Chinese Constitution, Universal Declaration of Human Rights, and International Covenant on Civil and Political Rights; distinguish between acts of peaceful protest and acts of violence; and not treat peaceful protest as a crime.
- Allow international observers and journalists immediate and unfettered access to the XUAR.
- Provide details about each person detained or charged with a crime, including each person's name, the charges (if any) against each person, the name and location of the prosecuting office ("procuratorate") and court handling each case, and the name of each facility where a person is detained or imprisoned.
- Ensure that security officials fulfill their obligations under Articles 64(2) and 71(2) of China¨s Criminal Procedure Law to inform relatives and work places where detainees are being held.
- Allow access by diplomats and other international observers to the trials of people charged with protest-related crimes.
See the CECC 2008 Annual Report for other recommendations for addressing human rights abuses in the XUAR.
For more information on conditions in the XUAR, see Section IV--Xinjiang in the CECC 2008 Annual Report.
| Source: -See Summary (2009-07-09 ) |
Posted on: 2009-08-06 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=125931 |
Xinjiang Authorities Forcefully Suppress Demonstration, Restrict Free Flow of Information
Uyghurs in the city of Urumchi, capital of the Xinjiang Uyghur Autonomous Region (XUAR), gathered on July 5, 2009, to protest authorities' handling of a reported attack on Uyghur factory workers by Han factory workers in late June in Guangdong province, and to protest government policy toward Uyghurs. Reports indicate the demonstration began as a peaceful protest and later turned violent as protesters clashed with police, who used tear gas and stun batons against the protesters, and later were reported to fire on the crowds. Official Chinese media sources described the demonstration as a riot orchestrated by U.S.-based Uyghur rights activist Rebiya Kadeer, and reported that the incident left at least 156 people dead and over 1000 people injured. Demonstrations also are reported to have occurred in other cities in the XUAR, and demonstrations and outbreaks of violence were reported again in Urumchi on July 7. Sources including overseas media have reported that violence in the region has included both Uyghurs' attacks on Han Chinese and Han attacks against Uyghurs. A number of details about the incidents remain unknown, and the Chinese government has instituted controls over the flow of information on the events.
See below for more information and see the end of this analysis for detailed recommendations.
Details of the July 5 Demonstration
Uyghur protesters began to demonstrate in Urumchi's People's Square around 5 p.m. Urumchi time on July 5 [equivalent to 7 p.m. in the XUAR according to the time standard used by the government and official sources], and after being suppressed there, the demonstration spread to other parts of the city, according to a July 5 report (in Uyghur) from Radio Free Asia (RFA). Organizers had used the Internet to mobilize support for the demonstration, which according to the RFA Uyghur-language report and another July 5 RFA report (in English), was planned as a peaceful protest against the government's response to a reported attack on Uyghur factory workers in late June in Guangdong province. (See below for details of the June incident.) Protesters initially numbered roughly 1000 people and grew to nearly 10,000, according to a second July 5 RFA report (in Uyghur). According to the report, the protesters made calls that they would "oppose brutality, not fear threats, not stay silent to oppression, and struggle for freedom." Police first used stun batons and tear gas on protesters, according to the first Uyghur-language report. The protests turned violent after police fired on crowds and demonstrators attacked police and nearby stores, according to the second Uyghur-language article. For additional initial reporting on the demonstration by overseas sources, see, e.g., a July 5 New York Times article and a July 5 press release from the Uyghur American Association (UAA). (Reports of the number of demonstrators, as cited in the reports, vary.) Demonstrators included young people, according to the RFA reports, but the first RFA report cited sources who said many students had not participated because they had been confined to school campuses for the past three days.
Reporting on the incident from official Chinese sources portrayed it as a riot, but official media sources also indicate that violence did not break out until a few hours after protesters gathered. According to one July 6 Xinhua report, "People began to gather in the Urumqi People's Square at 6:20 p.m. Sunday, and some started smashing and looting at about 8 p.m." A July 7 Xinhua article (via China Daily) reported that the "riot began around 8 p.m., when rioters started beating pedestrians and smashing up buses." By late Sunday evening, authorities "had sent more than 20,000 armed police, special police, firefighters and troops to quell Sunday's unrest" according to a source cited in a July 7 report from Xinhua. According to the source, the authorities used "tear gas grenades, stun grenades, and high-pressure water guns" to stop the demonstrators. Official Chinese media reports cited people who said rioters attacked bystanders in the streets. See, e.g., July 6 and 7 reports from Xinhua.
Chinese authorities reported the death toll at 156, with 1,080 injured in July 7 Xinhua reports (1, 2). The reports did not provide extensive details on the deaths, though one noted 129 of the dead were men and 27 were women, and authorities did not note the ethnicities of those who died. Rebiya Kadeer, speaking at a news conference in Washington, DC, cited sources at Xinjiang University as saying up to 400 people had died, but said the number could not be confirmed, according to a July 6 RFA report.
In addition to the Urumchi demonstration, a July 6 New York Times report said that a smaller protest occurred in the city of Kashgar on July 6, but was reported to be broken up quickly by authorities. Xinhua also reported on a gathering of people in Kashgar in a July 7 report. In a July 6 statement, UAA president Rebiya Kadeer reported that demonstrations occurred in both Kashgar and Hoten. See also a July 6 report from RFA describing the protest in Kashgar.
Uyghurs Protest Detentions
Following widescale detentions in the aftermath of the July 5 demonstration (see below for details), Uyghur women marched on July 7 in protest, calling for the release of family members, according to the July 6 New York Times report. See also a July 7 account from Xinhua.
Han "Protesters" Gather on July 7, Violence Continues
After the July 5 demonstration, reported as a "riot" by Chinese media, Xinhua reported on July 7 that "[s]everal thousand protesters, mostly Han Chinese, marched" in the streets of Urumchi that afternoon. Xinhua reported that the "protesters, holding clubs, knives, axes, hammers and various types of tools that could be used as weapons, shouted 'protecting our home, protect our family members.' The report said the protests "gradually dispersed in about 40 minutes." Police used tear gas on the crowd, according to a July 7 report from Agence France-Presse (via Bangkok Post). See also July 7 reports (1, 2) from RFA for more information. The Associated Press reported in a July 7 article (via Time) that groups of Han and Uyghurs separately continued to attack bystanders in the city.
Authorities Pursue Arrests, Heighten Security Measures
Authorities in the XUAR have heightened security measures in the aftermath of the demonstrations and have reported carrying out widescale detentions. After the region's police chief reported early on July 7 that officials had detained roughly 700 people and continued to pursue "about 90 other key suspects" (see a July 7 Xinhua article), a Communist Party official reported later in the day that authorities had detained 1,434 people--1,379 men and 55 women--in connection with the incident. The official said some "might be released if no serious criminal records were found," according to a paraphrasing of the official's remarks in a July 7 Xinhua report. XUAR Party Secretary Wang Lequan "said all Party members should take the strongest measures to deal with the enemies' attempt at sabotage and keep regional stability," according to another July 7 Xinhua report. The police chief said authorities had set up security checkpoints both in the city and in a neighboring district and prefecture "to prevent the rioters from fleeing," according to a description of the police chief's remarks in a July 6 Xinhua article. The Urumchi municipal government also instituted traffic restrictions in the area, according to a government announcement published July 6 on the Xinhua Xinjiang Web site. Traffic restrictions remained in place on the evening of July 6, according to a July 7 Xinhua report, and authorities implemented traffic restrictions and a curfew on July 7, according to a Xinhua report from that day. A shopkeeper cited in a July 6 Agence France-Presse report (via World News Australia) said authorities have ordered stores to close for three days.
RFA reported in several July 6 articles (1, 2, 3) that authorities had implemented tight security measures in cities throughout the XUAR, including armed vehicles in Ghulja and house-by-house searches in Kashgar, as well as similar searches and widescale detentions of Uyghur men within Urumchi.
Authorities Blame Uyghur Rights Activist Rebiya Kadeer, World Uyghur Congress
XUAR authorities have attributed the demonstration to instigation by U.S.-based Uyghur rights activist Rebiya Kadeer and the Munich-based World Uyghur Congress, which Rebiya Kadeer heads. XUAR Communist Party Secretary Wang Lequan "said Monday the riot in Urumqi revealed the violent and terrorist nature of the separatist World Uyghur Congress leader Rebiya Kadeer," according to a July 7 Xinhua report. Another July 7 report from Xinhua described the World Uyghur Congress as a "separatist" group that "masterminded" the riot. A July 6 report from Xinhua quoted XUAR government chairperson Nur Bekri as describing the demonstration as an incident of "beating, smashing, looting, and burning" directed by forces outside China's borders. He stated that "ethnic unity" in the region remained "as solid as a rock."
The accusations against Rebiya Kadeer follow other efforts to cast the Uyghur rights activist and former political prisoner as a terrorist aimed at instigating separatism in the region. In May 2009, a XUAR public security official said terrorists "are still actively plotting new sabotage activities" and included Rebiya Kadeer and the World Uyghur Congress among "terrorist forces´actively expanding their room for maneuver," according to a May 22 China News Service report (via Open Source Center, subscription required.) Local government authorities also have incorporated harsh rhetoric against Rebiya Kadeer in recent propaganda campaigns. Since Rebiya Kadeer's release from prison in 2005, authorities have harassed her family members remaining in the XUAR, culminating in prison sentences given to two of her sons, Alim and Ablikim Abdureyim, in 2006 and 2007. See the CECC Political Prisoner Database for additional information. For more information on longstanding government measures to harass and discredit Rebiya Kadeer and her family, see also the box titled "The Chinese Government Campaign Against Rebiya Kadeer" in Section IV--Xinjiang, in the CECC 2008 Annual Report.
Government Blocks Information Flow
Although Chinese sources have reported extensively on the demonstration, they have taken steps to control the flow of information and block unofficial reports and discussion of the demonstration. An Urumchi Communist Party official said on July 7, "We cut Internet connection in some areas of Urumqi in order to quench the riot quickly and prevent violence from spreading to other places," according to a July 7 Xinhua report. Authorities also appeared to block nationwide access to the social networking cite Twitter and video sharing site Youtube, remove comments about the protests from Web sites, and filter Internet searches for information. See e.g. July 6 reports from Agence France-Press (via Google), IDG News Service (via PC World), Reuters, and the BBC, and a July 7 report from Agence France-Presse (via Inquirer). RFA reported difficulty accessing the XUAR via telephone in a July 6 report. On July 6 and 7, the Congressional-Executive Commission on China was unable to access several Web sites based in the XUAR or that deal with Uyghur issues, including the media outlet Tianshan Net, the Web site of the Urumchi government, and several popular Uyghur-language Web sites, including diyarim.com and the bulletin-board service (BBS) on xabnam.com.
Xinhua reported on July 7 that "about 60" foreign journalists were in the XUAR "on a reporting trip arranged by the Information Office of the State Council, the Chinese Cabinet." Another July 7 Xinhua report said over "60 overseas media have sent journalists to" Urumchi, and cited a Communist Party official who said, "We disclosed information shortly after the incident. We welcome domestic and overseas journalists to come and see what happened." The official did not discuss what restrictions apply or the role of officially arranged reporting trips, but said, "As long as security can be guaranteed, we will try our best to arrange interviews," according to the article. A July 7 New York Times report said the government set up a media center for arriving reporters and took them on a tour of one of the neighborhoods most affected by violence. The report noted, however, that the journalists "were explicitly barred from conducting any interviews without government minders present, and television journalists who sought to wander on their own were reported to have been stopped by police or paramilitary officers who demanded that they turn over their film."
Official Accounts of Guangdong Factory Incident Inconsistent
Uyghurs demonstrating in Urumchi were protesting government handling of a reported attack on Uyghur workers in late June by Han workers at a factory in Shaoguan, Guangdong province, also described in Chinese sources as a brawl among the workers. According to a June 29 report from Xinhua (via china.org.cn), a "mass brawl" broke out on June 26 after a factory worker upset over not being rehired for a job posted what Xinhua described as a fake rumor on the Internet claiming six men from the XUAR had raped two women at the factory. Police took the factory worker into detention for posting the rumor, Xinhua reported. "Police found no rape cases at the Xuri Toy Factory," according to the article, which also reported that two workers from Xinjiang had died and 118 were injured in the brawl. A Uyghur factory worker who was an eyewitness to the event reported than Han factory workers instigated the attack when they entered a dormitory for Uyghur workers, according to a July 5 RFA report. Following the attack, authorities sequestered Uyghur factory workers, according to the report. (See also a June 29 RFA report for additional information.) A June 30 China Daily article said that roughly "600 Uygur workers were sent from the factory to temporary accommodations after the incident." A Guangdong provincial official pledged to pursue the people who had murdered the two Uyghur workers, according to a June 26 report on Nanfang Net, though no information was immediately available on the investigation. Overseas Uyghur rights organizations have criticized the government for failing to take steps to stop the attack and for its lack of transparency in handling the matter. See, e.g., a June 29 press release from the Uyghur American Association and July 1 press release from the World Uyghur Congress. A public security official from Shaoguan reported on July 7 that authorities detained 13 people--including "three natives of Xinjiang"--for their role in the "massive fight," according to a Xinhua report from that day. In addition, authorities detained two people for "spreading rumors on the Web that Xinjiang employees had raped two female workers," according to the report.
Following the July 5 Urumchi demonstration, Xinhua reported that XUAR government chairperson Nur Bekri attributed the July 26 Shaoguan incident to a Uyghur worker's attack of a Han Chinese worker. "The fight was triggered by the sexual assault of a female Han worker by a Uygur coworker, [Nur Bekri] said," according to a July 6 Xinhua report. In a July 6 Chinese-language Xinhua report (via Ta Kung Pao), Nur Bekri said a female factory worker entered a dormitory for workers from the XUAR and was teased by the residents. After she reported the incident to her co-workers, the workers went to the Xinjiang workers' dorm, where "emotions became agitated" and a "fight broke out," according to the report.
Demonstration Comes Amid Period of Heightened Repression, Illustrates Ongoing Labor Abuses
The demonstration comes during a period of heightened repression in the region since early 2008. See Section IV--Xinjiang in the Congressional-Executive Commission on China (CECC) 2008 Annual Report and recent CECC analyses (1, 2, 3) for more information. Details of the demonstration and the incident in Guangdong also shed light on ongoing labor rights abuses in the region. The Uyghur factory workers in Guangdong were part of government-organized programs to send laborers in the XUAR to factory jobs in the interior of China, as reported in the June 30 China Daily article. As noted in the CECC 2008 Annual Report, government authorities maintain programs that send young ethnic minorities to work in factories in China's interior, where some workers have reported abusive labor conditions. Overseas sources have reported cases of local authorities coercing participation and of factories mistreating workers. In a series of reports from Radio Free Asia in Spring 2009, some girls and women in the program continued to report on abusive labor practices including the use of coercion by local officials to gain their participation and abusive working conditions. (See, e.g., March 5 and March 20 Uyghur-language reports and a May 12 English-language report. For Chinese reporting on labor issues in the region, including participation in government-sponsored programs, see, e.g., a January 12 report from Tianshan Net. For additional information, see also a July 6 report from China Labor Watch and February 8, 2008 report from the Uyghur Human Rights Project.
Additional Resources
For more information on conditions in the XUAR, see Section IV--Xinjiang, in the CECC 2008 Annual Report. See also the following recent Commission analysis:CECC Recommendations:
Call on the Chinese government to - Honor the Chinese Constitution's guarantees for the freedoms of speech and association, distinguish between acts of peaceful protest and acts of violence, and not treat peaceful protest as a crime.
- Allow international observers and journalists immediate and unfettered access to the XUAR.
- Provide details about each person detained or charged with a crime, including each person's name, the charges (if any) against each person, the name and location of the prosecuting office ("procuratorate") and court handling each case, and the name of each facility where a person is detained or imprisoned.
- Ensure that security officials fulfill their obligations under Articles 64(2) and 71(2) of China¨s Criminal Procedure Law to inform relatives and work places where detainees are being held.
- Allow access by diplomats and other international observers to the trials of people charged with protest-related crimes.
See the CECC 2008 Annual Report for other recommendations for addressing human rights abuses in the XUAR.
| Source: -See Summary (2009-07-06 ) |
Posted on: 2009-08-06 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=125582 |
Beijing Think Tank Faults Domestic Policies, Issues for March 2008 Tibetan Rioting
A Beijing-based think tank released a report in May 2009 that rejected the Chinese government's principal assertion about the cause of Tibetan protests and rioting in March 2008. The report, titled "An Investigative Report Into the Social and Economic Causes of the 3.14 Incident in Tibetan Areas," concluded that the protests and rioting were not the exclusive result of external influence by the Dalai Lama and organizations that the Chinese government associates with him (i.e. "masterminded by the Dalai Lama's clique," Xinhua, reprinted in People's Daily, 22 March 08), but were also the result of domestic ("internal") issues. See English translation of the report (via International Campaign for Tibet) and original Chinese-language version (via Google Docs). The Open Constitution Initiative (OCI, Gongmeng) which issued the report, uses the term "3.14 incident" in a manner consistent with Chinese government, Communist Party, and state-run media use: a collective reference to Tibetan protests and rioting that began on March 14, 2008, in Lhasa, and spread in the following days to other locations in the ethnic Tibetan area of China. (See Section V!Tibet of the Congressional-Executive Commission on China (CECC) 2008 Annual Report for information on the March 2008 Tibetan protests and rioting.)
A June 5, 2009, New York Times (NYT) article referred to the study as "the first independent investigation" into causes of the Tibetan protests and described OCI as "a group of prominent Chinese lawyers and legal scholars" that "seeks to promote legal reform in China." As an example, the NYT article pointed out that OCI lawyers attempted to file lawsuits on behalf of families whose infants or children had become ill as a result of consuming products made with tainted milk powder (see, CECC 2008 Annual Report, 59, 157-158, 165, for more information). A May 26 Time Magazine report described OCI as "a six-year-old NGO run by Chinese lawyers" and quoted one of the group's founders, Xu Zhiyong, saying that OCI seeks to be objective: "On questions like Tibet, human rights, and so forth, the Chinese government has a standpoint, foreign governments and foreign media have a standpoint. But it's also important to have an independent look at the problems." Xu said, according to Time, that OCI had been able to post the report on the group's Web site, but he doubted that "printed copies will ever be permitted to circulate on the mainland."
The OCI report identified policy-driven factors underlying the protests and rioting and expressed findings in a manner that suggests the authors hope that Chinese government officials will review the document:The research panel discovered that the 3.14 incident was caused by the confluence of many factors, including psychological loss created by development, discontent among economic classes, the question of migrants, influences from abroad, religious sentiment, and on-scene "mass reactions," which cannot be simply reduced to "splittist violence." The OCI panel conducted field research in two county-level locations in each of two Tibetan autonomous areas:- Tibet Autonomous Region (TAR): Lhasa city, the TAR capital; and Naidong (Nedong) county, the location of Zedang (Tsethang), the capital of Shannan (Lhoka) prefecture;
- Gannan Tibetan Autonomous Prefecture (TAP), Gansu province: Hezuo (Tsoe) city, the Gannan capital; and Xiahe (Sangchu) county.
Lhasa and Gannan TAP were locations of alleged Tibetan protests and rioting that resulted in more than 4,400 detentions, according to state-run media reports in March, April, and June 2008. More than 3,000 of the 4,400 Tibetans were later released, according to the reports. The OCI report did not include research or analysis on the eastern Tibetan area that Tibetans know as "Kham," which includes Ganzi TAP in Sichuan province. Political detention of Tibetans in Ganzi accounted for 271 of the 630 political detentions of Tibetans (43 percent) during the period beginning March 10, 2008, based on information available in the CECC's Political Prisoner Database (PPD) as of July 6, 2009. It is certain that PPD documentation of Tibetan political detention since March 10, 2008, is incomplete. Naidong is the only one of OCI's four county-level research locations on which Commission staff observed no reports of Tibetan protests or rioting in March 2008.
The OCI report provided nine policy recommendations that, like the report's findings, appear to be directed toward the Chinese government. The recommendations, summarized briefly in the order that they appear, follow.- Listen to the views of ordinary Tibetans and adjust policies in Tibetan areas on the basis of respecting and protecting the Tibetan people¨s rights and interests.
- Guide economic development so that Tibetans acquire ample benefits, and reduce the discrepancy between urban and rural income.
- Increase central government supervision over local governments in order to reduce local corruption and dereliction of duty, and to speed up the process of democratizing power structures.
- Treat the education of Tibetans as the key to the long-term resolution of "the question of Tibetan areas"; improve educational opportunities available to young Tibetans, especially farmers and herders; develop appropriate content on Tibetan history and culture.
- Respect and protect Tibetan "freedom of religious belief," including recognizing the importance of religion to Tibetans; allow the resumption of "normal religious activities" such as Buddhist teaching, monastic travel to attend Buddhist teaching, and "the transmission of Tibetan Buddhism." (The latter is a reference to the Tibetan Buddhist belief that some Tibetan Buddhist teachers reincarnate, a tradition that the Chinese government seeks to control through regulations issued in 2007.)
- Seek to "reduce inter-ethnic prejudice, ignorance, and injury"; when "sudden incidents" occur, seek the support of "positive forces," such as religious figures, to help resolve them.
- Promote the rule of law in Tibetan areas by encouraging the introduction of "laws and regulations" at the local level; regulate the ownership and exploitation of natural resources; encourage experts to participate in policy discussions.
- Build up ethnic unity by "propagandizing" the success of the reform and opening up policy in Tibetan areas, and avoid depicting the Tibetan past as "serfdom." Along with highlighting the "vitality" of development, admit the "social problems facing Tibet."
- Handle crisis situations by first determining whether a problem is social, economic, or religious, and use different methods for handling each type. The central government should function as an "arbiter" and keep itself distinct from "local officials' inappropriate conduct."
OCI's third and ninth recommendations refer to what may be the report's least known or widely understood area of inquest: the rise of a "new aristocracy" made up of ethnic Tibetan government officials who exploit a "blindspot in power supervision in nationality areas" by pointing to perceived threats such as "Tibet independence" or "foreign forces" to serve as "fig leaves to conceal their mistakes in governance and to repress social discontent." The report observes that the "new aristocratic class" is "even more powerful" than the former Tibetan aristocracy that the Party brought to end in the years following the establishment of the People's Republic of China in 1949. Phuntsog Wanggyal (Pingcuo Wangjie), a retired government official, researcher, and a founder of the Party's Tibet branch, referred to the Tibetans who make up the new elite and told OCI researchers that such officials "eat the food of anti-splittism," "consolidate their positions and interests," and "accumulate even more power and resources."
Prior to the publication of the OCI report, a Tibet issue expert, Tseten Wangchuk, Senior Research Fellow with the University of Virginia's Tibet Center and Senior Editor with the Voice of America's Tibetan Language Service, addressed a March 2009 CECC roundtable and called attention to what he described as a powerful Tibetan "interest group."In the past 20 years in China, the people who manage Tibet . . . have really gained power. Their economic interests and everything else are built on this power. They blame everything that goes wrong in Tibet . . . on the Dalai Lama, or on Tibetans in exile. . . . Sometimes it looks as though we are seeing only the truly top-level of China¨s state leadership, and we assume such high-ranking views are the only reason for what is happening. [If] you look at the details, there's a messy political process going on. In that process, there are people who have political and economic self-interests playing a role in this particular policy. The OCI report is noteworthy not only for the analysis and recommendations that it included, but also for the topics that the authors chose to avoid or minimize. For example, the report mentioned the Dalai Lama only three times: one instance acknowledged that the "3.14 incident" had "external causes" that included "the influence of the Dalai Lama abroad"; another instance included the name as part of a book title; the final instance noted that in the late 1980s "calls for dialogue with the Dalai Lama . . . were repeatedly frustrated." (The third example appears to refer to a 1989 invitation from the Chinese government-regulated Buddhist Association of China to the Dalai Lama to attend a funeral ceremony for the 10th Panchen Lama. The Dalai Lama did not accept the invitation. See, Agence France-Presse, reprinted in World Tibet Network, 27 August 03.)
The OCI report authors did not mention the Dalai Lama's stature among Tibetans or refer to his objective of achieving "genuine autonomy" for the Tibetan areas of China through dialogue with the Chinese government. Raising politically sensitive issues with international implications could have resulted in heightened Chinese government unwillingness to review the OCI report!and perhaps exposed the Beijing-based drafters to government accusations of being sympathetic toward "foreign" or "splittist" entities. Instead, by treating the Tibetan protests and rioting as the result of problems that can be addressed through Chinese government action on issues that include governance, economic development, education, employment, religion, and cultural expression, the OCI report focused on established areas of Chinese domestic policy and law.
UPDATE: According to a July 17, 2009, New York Times report, officials from the Beijing Civil Affairs Bureau shut OCI down on July 17. Xu Zhiyong, one of OCI's founders, said the officials claimed that OCI was not registered as a non-governmental organization (NGO). Xu said that OCI did not need registration as an NGO because it is a charity organization functioning under the properly licensed Gongmeng Company. Xu characterized the shutdown of OCI as "unreasonable" and said, "We'll continue to be conscientious and help those who need help."
For more information on Chinese government policy toward Tibetans and the dialogue between the Chinese government and the Dalai Lama, see Section V!Tibet of the CECC 2008 Annual Report, and Tibet: Special Focus for 2007 of the 2007 Annual Report.
| Source: -See Summary (2009-07-04 ) |
Posted on: 2009-08-06 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=125374 |
Chinese Government Delays Pre-Installation of Censorship Software on Computers Sold in China
China's Ministry of Industry and Information Technology (MIIT) said on June 30, 2009, that it would delay a requirement that all computers "leaving the factory and sold" in China after July 1 must have government-approved censorship software "pre-installed." An MIIT spokesperson reportedly told journalists on June 30 that "recently, a number of companies have said that the workload is heavy, the time is sudden, and preparations are insufficient. In light of the practical situation, pre-installation can be delayed," according to a June 30 Xinhua article (in Chinese). The spokesperson did not indicate how long the delay would last. Xinhua also reported the announcement in a June 30 English-language article.
The spokesperson said MIIT issued the requirement to "protect minors to avoid receiving influence from obscene, pornographic, or other harmful information online," according to the Xinhua (Chinese) article. Tests have shown, however, that the software also filters political and religious content. The policy has been widely criticized both in and outside of China.
The spokesperson said that MIIT would continue pursuing the policy and would be seeking suggestions on how to pre-install the software, known as "Green Dam-Youth Escort," on computers, according to the Xinhua (Chinese) article. The spokesperson said that MIIT would continue to offer free downloads of the software online, and continue to install the software in computers located at elementary and middle schools, Internet cafes, and "other public places."
A June 30 New York Times article reported that some companies already had begun to comply with the directive. The article reported that Acer, a Taiwanese company, had said it would pre-install the software, and that vendors in Beijing said the software had been installed in some computers made by Lenovo, a Chinese company that is the top seller in China.
Commission Resources:
| Source: -See Summary (2009-06-30 / English / Free) |
Posted on: 2009-08-06 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=125073 |
Chinese Government Requires Censorship Software To Accompany Computers Sold After July 1
Chinese official censorship of the Internet is not limited to the removal of content such as pornography or content deemed to violate intellectual property rights, but also includes the removal of content the government and Communist Party deem to be politically sensitive. As such, Chinese censorship practices violate international standards for freedom of expression. Officials now have announced a plan to extend the reach of government control over Internet use by requiring all computers sold after July 1 to be packaged with a single brand of government-approved "pre-installed" filtering software. The stated aim is to protect youth from pornography, but tests show the software also filters political and religious content, and could be used to monitor computer users' Internet activity. The move has raised concerns that officials are further tightening control over the free flow of information. The short notice and lack of transparency with which the policy was introduced and its potential to restrain competition and free trade also has raised concerns over China's compliance with commercial rule of law norms.
On May 19, 2009, the Ministry of Industry and Information Technology (MIIT) issued the Circular Regarding the Pre-Installation of Green Browsing Filter Software on Computers (Circular), which requires that computers sold within mainland China after July 1 must come "pre-installed" (yu zhuang) with the government-approved "Green Dam-Youth Escort" Internet browsing filtering software. The policy set forth in the Circular marks the first time the government has required computer manufacturers to include filtering software vetted by the government with all computers sold in China. The circular says MIIT, along with the Communist Party's General Office of the Central Guidance Committee on Ethical and Cultural Construction, and the Ministry of Finance (MOF), put the software through comprehensive tests and have spent public funds to purchase the rights to offer "Green Dam-Youth Escort" to the public for one year of use at no charge. The Circular states the purpose of the policy is to "establish a green, healthy, and harmonious" Internet and to "avoid harmful information on the Internet influencing and poisoning young people." Tests conducted by several outside sources, however, found the software also filters political and religious information, including references to Falun Gong.
The U.S. government has called on Chinese officials to revoke the mandatory pre-installation. The request came in a joint letter from U.S. Secretary of Commerce Gary Locke and U.S. Trade Representative Ron Kirk to their counterparts at MIIT and China's Ministry of Commerce, according to a June 24 press release posted on the Office of the United States Trade Representative's Web site. The letter "points out that the proposed new rule raises fundamental questions regarding regulatory transparency and notes concerns about compliance with World Trade Organization (WTO) rules, such as notification obligations," the release said. "China is putting companies in an untenable position by requiring them, with virtually no public notice, to pre-install software that appears to have broad-based censorship implications and network security issues," Locke said. "Protecting children from inappropriate content is a legitimate objective, but this is an inappropriate means and is likely to have a broader scope. Mandating technically flawed Green Dam software and denying manufacturers and consumers freedom to select filtering software is an unnecessary and unjustified means to achieve that objective, and poses a serious barrier to trade," Kirk said.
The Circular says the requirement applies to both Chinese and foreign companies selling computers in China. In the first three months of 2009, the Chinese company Lenovo topped the market, selling 26.7 percent of the units shipped during the period, according to a June 8 Wall Street Journal (WSJ) article, citing statistics provided by the IDC research firm. U.S.-based companies Hewlett-Packard and Dell sold 13.7 percent and 8.1 percent, respectively, of the units during the period. There were nearly 40 million computers sold in China in 2008, second only to the United States, the article said.
Impact on Freedom of Expression
The Chinese government already implements a system of censorship of the Internet that violates international human rights standards for freedom of expression. (See "Internet Censorship" in Section II - Freedom of Expression, in the Congressional-Executive Commission on China 2008 Annual Report.) Chinese laws require Internet service and content providers to remove politically sensitive content. The government blocks Web sites, including the Congressional-Executive Commission on China's Web site, and filters content containing politically sensitive information. Recently, for example, authorities reportedly blocked access to social networking and video-sharing Web sites such as Twitter and Flickr, just before the 20th anniversary of the 1989 Tiananmen Square protests on June 4. In an apparent move to protest Internet censorship at this time, numerous domestic Web sites shut down to undergo "maintenance." (For more information see, e.g., June 2 New York Times (NYT) article, June 4 Guardian article).
The new requirement, however, would extend the reach of government censorship and monitoring of citizens' Internet activities, according to foreign experts who have tested the software. A June report published by Open Net Initiative (ONI) found that the policy would "increase the reach of Internet censorship to the edges of the network, adding a new and powerful control mechanism to the existing filtering system." ONI is comprised of researchers from the University of Toronto, Harvard Law School, University of Cambridge, and Oxford University. In describing how the Green Dam software works, ONI said: Not only does it block access to a wide range of Web sites based on keywords and image processing, including porn, gaming, gay content, religious sites, and political themes, it actively monitors individual computer behavior, such that a wide range of programs including word processing and email can be suddenly terminated if content algorithm detects inappropriate speech. Researchers in the Computer Science and Engineering Division at the University of Michigan also found that the Green Dam software blocks both "obscenities and politically sensitive phrases (for example, references to Falun Gong)," according to a June 11 analysis.
The ONI report found that the software could be modified to monitor "personal communications and Internet browsing behavior" and that the scope of content that the software filters could be changed without any notification to the user. According to the June 8 WSJ article, the software, developed by the Jinhui Computer System Engineering Co. with assistance from Beijing Dazheng Human Language Technology Academy Co., operates by linking to an external database of sites that are to be blocked. Jinhui's founder, Bryan Zhang, told WSJ that the company would compile and maintain the list of blocked sites and would send updates of new blocked addresses to users' PCs. Zhang claimed that the list would be limited to pornographic sites, but that the software was capable of blocking other types of content, although Jinhui would have no reason to do so. Users will not, however, be able to see the list of "pornographic or violent" sites that the company has decided to block, according to a June 8 Reuters article.
The reports by ONI and the University of Michigan researchers also found that the software went much broader than what was necessary to protect children and that flaws in the software's design subjected the user to security risks, including infringement on personal privacy, hacking, and spam. The government has ordered Jinhui to fix recently discovered security vulnerabilities, according to a June 15 China Daily report.
The software's censorship of politically sensitive information and the broad scope of the pre-installation requirement violate international human rights standards for freedom of expression. Article 19 of the International Covenant on Civil and Political Rights (ICCPR) sets forth certain exceptions for when a government may impose a restriction on freedom of expression. These are limited to protecting the "rights or reputations of others," "national security, public order, or public health or morals." Article 19 also requires that the scope of the restriction be limited to that which is "necessary" to protect the interest. In this case, the government has provided a "public health or morals" justification for the restriction but, as tests have shown, the software also filters out political and religious content. Furthermore, the government has not shown why it is necessary to require that the software be "pre-installed" in all computers if the intent is to protect youth (see extended discussion and analysis of the "pre-installation" requirement below). Also as indicated below, citizens have suggested more limited ways that the government can achieve its aim.
Public Response in China
The MIIT's announcement sparked widespread criticism and discussion in China, including over the policy's impact on freedom of expression and its broad scope: - Wei Yongzheng, a professor at Hong Kong Shue Yan University, and Zhou Ze, an associate professor at China Youth University for Political Sciences, said in a letter to the State Council that although the MIIT's stated purpose is to protect youth, in practice the requirement could restrict Internet users from accessing other information, in violation of freedom of expression provisions in the ICCPR and the Universal Declaration of Human Rights, according to a June 11 Caijing article (in Chinese). The two scholars noted that Chinese laws do not clearly delineate what constitutes "harmful information" to be censored on the Internet. "The filtering system only needs to be installed in computers that youth may use, and their guardians can take responsibility," they said.
- A June 9 Caijing editorial (in Chinese) also raised questions about what constitutes "harmful information." "Is there a transparency mechanism for the determination of the 'blacklist' and a free-flowing channel for corrections and remedies? How do they make sure this does not become a 'back door' for abuse of authority?" the editorial said.
- In a June 11 editorial titled, "Questionable Move," the state-run English-language China Daily questioned why the government was requiring every computer to install the software when taxpayers' money could have been used to sponsor a Web site offering the software on a voluntary basis. The editorial also raised concerns about who would decide what content to block and the criteria for blocking. "Are software developers qualified to do that? How is citizens' freedom of expression or right to know to be balanced against the need to filter 'unhealthy' content?" read the editorial.
- Online surveys conducted by four popular Chinese Web portals showed that more than four in five respondents indicated they will not use the software or will uninstall it, according to a June 15 China Daily article.
- On June 22, Reuters reported that Internet users in China were calling for a boycott of the Internet on July 1 to protest the government policy.
Confusion Over Pre-Installation Requirement
Although the Circular does not require the computer user to use the software, many users may end up utilizing the software by default. The government has not clarified whether computer manufacturers must pre-install the software on the computer or whether they may fulfill the "pre-installation" requirement by merely providing a CD version of the software with the computer. The extent to which users will have the choice to manually activate the software if pre-installed in the computer will also impact how widespread use of the software will be.
The Circular appears to indicate that providing a CD-version of the software alone would be sufficient, although Article 2 of the Circular also requires that the software "be included in the recovery partition" in the computer as a backup file. Another June 15 China Daily report quoted an unnamed MIIT official as saying, "The PC makers only need to save the setup files of the program on the hard drives of the computers, or provide CD-ROMs containing the program with their PC packages." NYT, however, reported on June 18 that it could not obtain official confirmation of the unnamed official's interpretation that providing a separate CD alone would be sufficient. According to the NYT article, "[t]he directive makes clear that the government intends to ensure universal use of Green Dam on new computers in China." Other provisions in the Circular suggest that the government expects computer manufacturers to include filtering software beyond the one year it is available to the public for free. Article 5 requires computer manufacturers to report the number of computers shipped with filtering software on a monthly basis in 2009 and on a yearly basis starting in 2010.
Questions Over Transparency, Short Preparation Time, Government Procurement, and Intellectual Property Rights
Although the Circular is dated May 19, the MIIT did not post the directive on its Web site until June 9, less than a month before computer manufacturers are expected to comply. When the WSJ first reported the story on June 8, it said that the circular had not yet been publicized by state media. A June 25 WSJ article said that officials in China gave notice of the requirement to manufacturers in May. Officials from foreign companies said they were given little time to properly test the software. "The lack of transparency, the shortness of time for implementation, and the incredible scope of the requirement that is not matched anywhere around the world present tremendous challenges to the industry," an unnamed official told WSJ in the June 8 article. On June 16, 19 trade associations representing companies from the United States, Europe, Japan, and Canada sent a letter to the MIIT calling on China to reconsider the July 1 pre-installation requirement and to instead engage "in meaningful dialogue on the topic of parental controls," according to the June 17 issue (subscription required) of Inside US-China Trade.
In response to the Circular, Chinese citizens have filed requests with government agencies for more information, according to a June 15 Caijing article (in Chinese, shorter June 17 English version). On June 11 and June 12, Beijing lawyers Li Fangping and Liu Xiaoyuan filed separate open government information requests with the MIIT and MOF seeking information about the software and its procurement. Li told the Globe and Mail in a June 20 article that he was seeking the information because citizens "have no idea how this software would affect users' internet safety, the safety of their information, and right to privacy."
Chinese citizens also have questioned the legality of the government's endorsement of one product as part of a consumer's computer purchase. In their letter to the State Council, professors Wei and Zhou said the move violates Article 7 of the Anti-Unfair Competition Law, which says that governments "may not abuse their administrative powers to restrict others to buying the goods of operators designated by them." They also said the government had restricted competition in violation of the Anti-Monopoly Law (Arts. 8, 32, and 37), and had violated product quality and consumer protection laws, according to a June 12 CBN (Diyi Caijing) article. A June 10 editorial in the Beijing News questioned the fairness of the bidding process under the Government Procurement Law. The editorial noted that the bid went to two relatively unknown companies, despite the presence of a large number of Chinese and foreign companies with experience as well as reports that some well-known Internet security companies had not participated in the bidding. The June 8 WSJ article, citing material from Jinhui and Dazheng's Web sites, notes that the companies have ties to China's Ministry of Public Security and the People's Liberation Army.
An American company has alleged that the software violates intellectual property rights. The software company Solid Oak alleges that "Green Dam-Youth Escort" contains codes copied from the company's own parental control software and has sent "cease and desist" letters to U.S. companies to prevent them from shipping PCs with the software to China, according to a June 19 Financial Times article. Jinhui's founder denied the allegation.
Background
The Circular refers to an earlier government campaign begun in January 2009 to remove "vulgar content" on the Internet. The campaign's primary target appeared to be pornography, but employees at Web sites attempting to carry out the government's directive at the time noted increased pressure to control political content as well. In mid-January, the Beijing Municipal Government's Information Office reportedly ordered the closure of the blog hosting Web site Bullog (www.bullog.cn) after the site failed to remove large amounts of "harmful information" relating to current events and politics. The CECC noted increased blocking of foreign- and Hong Kong-based Web sites taking place in December 2008. The sites included the Chinese-language sites for the BBC, Voice of America, and Deutsche Welle, YouTube's Hong Kong and Taiwan sites, and the Web sites for the Hong Kong-based news organizations Ming Pao, Asiaweek, and Apple Daily. Google's YouTube video sharing Web site has been blocked in China since March, according to a June 20 WSJ article.
UPDATE: The Ministry of Industry and Information Technology announced a delay of the plan on June 30, 2009, a move the Commission reported on here.
| Source: -See Summary (2009-06-22 ) |
Posted on: 2009-08-06 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=124386 |
Beijing Police Formally Arrest Liu Xiaobo on Inciting Subversion Charge
Chinese public security officials formally arrested prominent intellectual Liu Xiaobo on June 23, 2009, on the charge of "inciting subversion of state power," according to the Xinhua News Agency (as reported by Singapore Lianhe Zaobao on June 24). The Commission has not been able to locate the original Chinese-language Xinhua article through a publicly available source online, although numerous media and NGO reports in Chinese have quoted directly from it. (See, e.g., June 24 BBC report, June 24 Chinese Human Rights Defenders report). The Commission was able to locate an English-language Xinhua report (via China Daily), dated June 24, which quoted a statement from the Beijing Public Security Bureau as saying: "Liu has been engaged in agitation activities, such as spreading of rumors and defaming of the government, aimed at subversion of the state and overthrowing the socialism system in recent years."
Chinese Human Rights Defenders (CHRD), an NGO that monitors human rights developments in China, also said that Beijing police have barred prominent defense lawyer Mo Shaoping from representing Liu, according to a June 24 report. CHRD reported that authorities said it was because Mo was a fellow signatory of Charter 08, a document calling for political reform and greater protection of human rights in China.
The underlying basis for the charge against Liu is unclear, but officials took Liu into custody on December 8, 2008, a day before Charter 08's release. More than 300 Chinese citizens released the charter on the eve of the 60th anniversary of the Universal Declaration of Human Rights. Since then, more than 8,000 persons have signed the document, a substantial majority of whom reside in China.
In the months after taking Liu into custody, officials kept Liu in residential surveillance under conditions that violated Chinese laws, including denying Liu access to counsel and keeping him at an undisclosed location beyond the legal time limit for residential surveillance.
The charge of "inciting subversion" refers to a crime under Article 105 of China's Criminal Law. Article 105, Paragraph 2 makes inciting others "by spreading rumors or slanders or any other means to subvert the State power or overthrow the socialist system," a crime punishable by up to five years in prison, or no less than five years for "ringleaders and the others who commit major crimes." Chinese officials have frequently relied on the "inciting subversion" crime to punish citizens who publicly criticize the government, often in essays appearing on the Internet. (See, e.g., Yang Chunlin, Hu Jia, Lu Gengsong).
The 53-year old former university professor has been an outspoken critic of the Chinese government. According to a June 24 Associated Press report (via Google), "in [Liu's] writings, most published only on the Internet, Liu has called for civil rights and political reform, making him subject to routine harassment by authorities." In 2008, Liu was detained on the anniversary of the 1989 Tiananmen protests and prevented from meeting Members of the U.S. Congress. In 1996, he was sentenced to 3 years' reeducation through labor for his writings on political reform, and in 1989 he was detained for 20 months after the 1989 Tiananmen Democracy protests. For more information, see Liu Xiaobo's record in the Commission's Political Prisoner Database.
For more information, see CECC analysis of officials' extension of Liu's residential surveillance beyond the legal time limit, CECC analysis of official harassment of Charter 08 signers, censorship of Charter 08 on the Chinese Internet, and the legality of Liu's residential surveillance, and CECC analysis of the Charter 08 document and initial reports of Liu's detention.
| Source: -See Summary (2009-06-24 ) |
Posted on: 2009-07-02 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=124556 |
Circular Regarding the Pre-Installation of Green Browsing Filter Software on Computers (CECC Full Translation)
On May 19, 2009, the Ministry of Industry and Information Technology (MIIT) issued the Circular Regarding the Pre-Installation of Green Browsing Filter Software on Computers, which requires that computers sold within China after July 1 must come "pre-installed" (yu zhuang) with the government-approved "Green Dam-Youth Escort" Internet browsing filtering software. Testing by outside sources has found that the software filters pornography, but it also filters specific political and religious content. Chinese citizens and media have criticized the requirement as exceeding the scope necessary to achieve the Circular's stated purpose (the protection of minors). They have raised concerns about privacy and who would determine what content is to be filtered by the software, and argued that the choice to install should be an individual one. In addition, questions have been raised both in China and outside of China as to whether the Circular is consistent with China's commercial rule of law reforms, and whether it complies with international norms related to freedom of expression and international trade. The following is a translation of the Circular prepared by the Congressional-Executive Commission on China. The Chinese text was retrieved from the MIIT Web site on June 9, 2009.
Circular Regarding the Pre-Installation of Green Browsing Filter Software on Computers
To Relevant Work Units:
In order to establish a green,1 healthy, and harmonious online environment, and to avoid harmful information on the Internet influencing and poisoning young people, the Ministry of Industry and Information Technology, the General Office of the Central Guidance Committee on Ethical and Cultural Construction,2 and the Ministry of Finance, in accordance with the relevant requirements of the Government Procurement Law, have utilized central authority financial funds to purchase one-year usage rights and services for the "Green Dam-Youth Escort" green online filtering software (hereinafter referred to as "'Green Dam-Youth Escort' software"), which is to be supplied to the society as a whole for use free of charge. Through comprehensive testing and application in pilot settings, this software product has been shown to filter harmful words and images on the Internet effectively, and already has satisfied requirements for pre-installation by computer manufacturers.
To consolidate further the gains of the Special Operation to Rectify the Trend of Vulgarity on the Internet,3 continue to combine punishment and prevention, protect the healthy growth of minors, and promote the healthy and orderly development of the Internet, in accordance with the overall scheme of the Nationwide Special Operation to Rectify the Trend of Vulgarity on the Internet, provided herewith is notification of the specific requirements for the pre-installation of green online filtering software in computers, as follows: - Computers manufactured and sold domestically should have the newest version of the "Green Dam-Youth Escort" software pre-installed when leaving the factory. Imported computers should have the newest version of the "Green Dam-Youth Escort" software pre-installed before being sold domestically.
- The "Green Dam-Youth Escort" software should be pre-installed on the computer's hard drive or on a CD that accompanies the computer. It also should be included in the recovery partition and on the system restore CD as a backup file.
- Suppliers of the "Green Dam-Youth Escort" software should take steps proactively to support the computer manufacturing industry in launching the pre-installation.
- The computer manufacturing and sales industries should complete pre-installation tests of the "Green Dam-Youth Escort" software and other related work by the end of June 2009. Computers leaving the factory and sold after July 1, 2009, should have the "Green Dam-Youth Escort" software pre-installed.
- In 2009, computer manufacturers and suppliers of the "Green Dam-Youth Escort" software every month should file a report with the Ministry of Industry and Information Technology's Software Service Industry Department showing the numbers of computers sold and filtering software pre-installed in the previous month, along with any suggestions. Beginning in 2010, the previous year's numbers should be reported before the end of February each year.
For those that fail to pre-install by the deadline, fail to report on schedule, send false reports, or refuse to report, the Ministry of Industry and Information Technology will order the filing of a supplementary report or corrections within a specific time period.
May 19, 2009
1 CECC Note: According to a June 8, 2009, Wall Street Journal article, the Chinese word for "green" in this context refers to an Internet free of "pornography and other illicit content."
2 CECC Note: This is an entity of the Communist Party in China.
3 CECC Note: According to a January 5, 2009, China Internet Information Center (China.com) article, the State Council Information Office, Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of Culture, State Administration for Industry and Commerce, State Administration of Radio, Film, and Television, and General Administration on Press and Publication, launched the Special Operation to Rectify the Trend of Vulgarity on the Internet on January 5, 2009.
垢佚何罷[2009]226催
嗤購汽了
葎更秀駄弼、宗慎、才亞議利大桟廠閲窒札選利音措佚連斤楳富定議唹貂誘昇Γ垢匍才佚連晒何、嶄刹猟苧一、夏屓何梓ゞ屓軒寡杭隈〃嗤購勣箔聞喘嶄刹夏屓彿署択僅^駄尉-雑湿擦砂 ̄駄弼貧利狛陀罷周參和酒各^`駄尉-雑湿擦砂¨罷周 ̄恢瞳匯定聞喘幡式犢愀暦工畠芙氏窒継聞喘。将忝栽霞編才編泣哘喘乎罷周恢瞳辛嗤丼狛陀札選利音措猟忖才夕馗敞檻厮醤姥柴麻字皆斌圓廾訳周。
葎序匯化庚耕屁嵶札選利詰没岻欠廨醫亢撹惚釈隔獲契潤栽俳糞隠擦隆撹定繁宗慎撹海容強札選利宗慎嗤會窟婢功象畠忽屁嵶札選利詰没岻欠廨醫亢議悳悶何俸崕柴麻字圓廾駄弼貧利狛陀罷周議醤悶勣箔宥岑泌和。
匯、壓厘忽廠坪伏恢弁議柴麻字竃皆扮哘圓廾^駄尉-雑湿擦砂 ̄罷周恷仟癖喘井云蚕笥柴麻字壓忽坪弁念哘圓廾^駄尉-雑湿擦砂 ̄罷周恷仟癖喘井云。
屈、^駄尉-雑湿擦砂 ̄罷周哘圓廾壓柴麻字啣徒賜昧字高徒坪拝壓志鹸蛍曝才志鹸高徒嶄恬葎姥芸猟周。
眉、^駄尉-雑湿擦砂 ̄罷周戻工宀哘寡函持自企仏屶隔柴麻字伏恢二匍蝕婢圓廾犢惺ぷ。
膨、柴麻字伏恢式弁二匍哘噐2009定6埖久頼撹^駄尉-雑湿擦砂 ̄罷周圓廾霞編吉犢惺ぷ2009定7埖1晩朔竃皆才弁議柴麻字哘圓廾^駄尉-雑湿擦砂 ̄罷周。
励、柴麻字伏恢宀才^駄尉-雑湿擦砂 ̄罷周戻工宀壓2009定坪哘梓埖鮃ひ戯熔渡∋何罷周捲暦匍望烏僕貧埖柴麻字弁方楚、狛陀罷周圓廾方楚式垢恬秀咏徭2010定軟噐耽定2埖久岻念貧烏貧匯定業方象。
斤噐嘯豚隆圓廾、音梓扮貧烏、倡邪貧烏才詳音貧烏議垢匍才佚連晒何繍夭綜凪淨擴恒┿鮓蔦。
屈湘定励埖噴湘晩
| Source: Ministry of Information Industry (2009-05-19 / Chinese / Free) |
Posted on: 2009-07-02 |
 |
more ... |
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=123365 |
Shenzhen Rights Defense Lawyer Liu Yao Released From Detention: In Final Appeal, Liu Sentenced to an 18-month Prison Term, Suspended for 2 Years
Attention to the challenges faced by China's rights defense (weiquan) community has spiked with the recent news that authorities have not renewed the lawyers' licenses of some of China's most prominent human rights lawyers. The case of Shenzhen lawyer Liu Yao, discussed below, is an example that shows that the difficulties Chinese lawyers face for taking on sensitive cases are not new. Rather, they constitute a long-standing and persistent problem for China's continued development of the rule of law.
On April 16, 2009, the Heyuan Intermediate People's Court in Guangdong province sentenced Shenzhen rights defense lawyer Liu Yao to 18 months in prison, suspended for 2 years, in the second appeal and final hearing in his case, in connection with his representation of villagers from his hometown in Dongyuan county, Heyuan municipality, whose land was reportedly illegally seized for the purpose of building a new hydroelectric station, according to a Radio Free Asia (RFA) article and a Human Rights in China (HRIC) report, both dated April 17. Liu's case highlights several pressing issues in China, including the expropriation of rural land, difficulties citizens face in obtaining redress for their grievances, fair trial challenges, and the risks human rights lawyers face in taking on sensitive cases (see the May 26 Human Rights Watch report on the possibility that officials will not renew the law licenses of a group of rights defense lawyers in apparent retaliation for their work on sensitive cases).
Authorities released Liu Yao from the Dongyuan County Detention Center on April 16 after having detained him for more than 15 months as his case moved back and forth between the Dongyuan People's Court and the Heyuan Intermediate People's Court. During his challenge to the original verdict and sentence -- a challenge that involved two appeals and a retrial -- Liu's original sentence of four years for "intentional destruction of property" (Article 275 of the Criminal Law ) was gradually reduced, but the verdict of guilt was upheld. Liu maintains he is innocent and told Radio Free Asia that he planned to submit a petition to the Guangdong High People's Court. One of Liu's attorneys, the prominent Beijing rights defense lawyer Li Fangping, told Caijing that based on the Lawyers' Law, the conviction means that Liu will be permanently prohibited from practicing law, as reported in an April 17 article. Liu Yao's case received substantial attention among rights defense lawyers throughout China, and was particularly noteworthy for the advocacy that the Shenzhen lawyers' community provided on Liu's behalf. In early February 2009, 511 Shenzhen lawyers signed a petition (available on Human Rights in China's Web site) calling for the Heyuan Intermediate People's Court to hold an open and fair hearing to adjudicate Liu's second appeal, in what HRIC called "the largest joint signature campaign to date by China's legal community."
Factual Background
In 2006, villagers in Paitou sought the assistance of Liu (who was born in Paitou) to represent them in a land dispute involving the Heyuan Fuyuan Hydropower Corporation (Fuyuan) and the Dongyuan county government, according to an August 14, 2008, Caijing article and a February 1, 2009, Voice of America (VOA) report. Liu discovered that Fuyuan had failed to obtain the approvals necessary to appropriate the land and convert it to a nonagricultural use. Moreover, in November 2007, Dongyuan county's State Land and Resource Bureau ordered Fuyuan to halt construction, but Fuyuan failed to comply with the stop-work order. According to Caijing, in December 2007, Liu Yao and a group of villagers made two trips to the construction site to demand that Fuyuan cease construction, resulting in clashes and alleged property damage. Authorities took Liu into custody on December 18, 2007, and detained him at the Dongyuan County Detention Center until April 16, 2009.
First Trial (June 2008)
During his first trial in Dongyuan People's Court in June 2008, Liu argued that their efforts to stop the illegal construction was lawful "self-help" to protect the villagers' rights and thus did not constitute a crime, according to the February 1 VOA article. Liu's defense counsel also argued that the photographs of the construction site offered as evidence by the prosecution were neither dated nor verified and did not reflect the scene at the time of the alleged incidents, according to a July 29, 2008, article in Southern Metropolitan Daily. The article also states that Liu's counsel challenged the property damage appraisal document submitted by the prosecution. The trial court found that the total amount of damages suffered by Fuyuan exceeded 50,000 yuan (approximately US$7,300), according to Southern Metropolitan Daily. The article reports that Liu's trial lawyers stated that the appraisal document was key to the case, because, among other reasons, the amount of the alleged damages qualified as "very large" -- a determination relevant to the criminal charge and sentence. The Dongyuan court concluded that Liu had organized and incited the effort and sentenced him to 4 years in prison; his co-defendants, two villagers, received sentences of 9 and 10 months.
First Appeal (September 2008)
The Shenzhen Lawyers Association and lawyers elsewhere in China protested the original judgment and Liu's four-year sentence and successfully argued to the Heyuan Intermediate People's Court that it should hold a public hearing on Liu's appeal, according to an August 2008 letter (available on the Beijing Yirenping Center Web site) submitted to the Heyuan court by a group of more than 30 Chinese lawyers from several different provinces, and the February 1 VOA report. The Heyuan court concluded that a retrial was necessary due to "unclear facts and insufficient evidence," and on September 22 remanded the case to the trial court (Dongyuan People's Court), according to the Shenzhen lawyers' February 2009 petition.
Retrial (October 2008)
On October 17, 2008, the Dongyuan People's Court retried the case in open court. On December 17, the court issued its judgment upholding Liu's conviction for "intentional destruction of property" but reduced his sentence to two years. The judgment does not explain the reduction in sentence, but lowered the total amount of damages to 46,170 yuan (approximately US$6,750) and noted that the court's adjudication committee (a court's highest authority in deciding cases, comprised of the court president and other court officials) had discussed the case and decided the outcome. The Shenzhen lawyers stated in their February 2009 petition that no new evidence was presented on retrial and that the judgment lacked an adequate explanation of the "major flaws" in the evidence. Li Fangping said that the retrial was obviously unjust and the process used to assess the value of the alleged damage deeply flawed, according to the February 1 VOA article. A Guangzhou rights defense lawyer, Tang Jingling, who followed Liu's case from the beginning, stated that Liu's prosecution was a clear case of "political persecution," according to a January 23 Radio Free Asia article. Tang told RFA that the authorities were "using the law as a vehicle to block the lawyer from providing legal assistance to defend the land rights of the villagers."
Second Appeal and Final Judgment (April 2009)
In their petition, the Shenzhen lawyers called on the Heyuan Intermediate People's Court to hold an open court session to hear Liu's second appeal. On April 10, the Heyuan court did, in fact, hold an open hearing, which lasted a full day -- longer than any of the other proceedings in Liu's case. According to an April 11 Southern Metropolitan Daily article, more than 100 people attended the April 10 hearing, including Heyuan delegates of the National People's Congress and the provincial and municipal people's congresses, as well as representatives from the All-China Lawyers Association, the Guangdong Lawyers Association, the Shenzhen Lawyers Association, and the Heyuan Municipal Lawyers Association. Representatives from the Guangdong High People's Court, the provincial procuratorate, and the provincial justice bureau were also present. Three witnesses who had not testified in any of the previous hearings appeared and provided testimony. Liu Yao's attorneys again questioned the evidence offered by the prosecution and the procedure used for determining the value of the damages, according to Southern Metropolitan Daily. The Heyuan court issued the final judgment in Liu's case on April 16, further reducing the value of the damaged property to 23,798 yuan (approximately US$3,480), according to an April 17 Xinhua report. As noted above, Liu received a suspended sentence and was released from detention.
Following the April 16 verdict, Li Fangping told Caijing that the underlying cause of Liu Yao's case -- the unlawful seizure of the villagers' land -- still had not been resolved. Li Fangping also told Human Rights in China, "from the reduction of the sentence from 4 years to 2 years and then to 18 months with a 2-year suspension -- you can tell that the prosecution's case was problematic. I hope that the international community will continue to pay attention to this kind of case and the situation of rights defense lawyers in China," according to a statement issued by HRIC on April 17.
For additional information on Liu Yao's case, please see his record of detention, searchable through the Congressional-Executive Commission on China's (CECC) Political Prisoner Database. For more information on obstacles facing human rights lawyers in China, see Section III -- Access to Justice in the CECC 2008 Annual Report.
| Source: -See Summary (2009-02-25 ) |
Posted on: 2009-07-02 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=118053 |
Employment Discrimination Persists During Implementation of the Employment Promotion Law
China's Employment Promotion Law (EPL) took effect on January 1, 2008. Provisions in the law prohibit discrimination based on factors including gender (Art. 27), ethnicity (Art. 28), disability (Art. 29), whether or not the job candidate is a carrier of an infectious disease (Art. 30), and whether or not the job candidate is a migrant worker (Art. 31). Article 62 of the law permits workers to initiate lawsuits in cases of alleged discrimination. While plaintiffs have seen increased success in civil litigation against employers since the EPL took effect, experts continue to press for special legislation on employment discrimination, and efforts by both government and civil society groups to address discrimination continue (according to a March 3 People's Daily interview [via Sohu] with National People's Congress representative, Zhou Hongyu, and China University of Political Science and Law professor, Cai Dingjian.)
Discrimination
Based on Health Conditions
Beijing Yirenping Center, an advocacy group that works to combat discrimination against individuals who are carriers of certain diseases, reported in its "2008 Discrimination Against Hepatitis B Virus Carriers Survey Report" that of 92 multinational corporations surveyed from October to December 2008, at least 84 percent required potential employees to take a Hepatitis B Virus (HBV) test, and 44 percent refused to hire HBV carriers.
Dahe Net reported on February 27 that a college graduate filed a lawsuit against a provincial rural credit union in Zhengzhou city, Henan province, for employment discrimination based on his colorblindness. This was the first lawsuit in China that dealt with employment discrimination based on colorblindness. The plaintiff asked the court to order the credit union to pay him 3,000 yuan (US$439) as compensation for economic losses and 50,000 yuan (US$7,315) for emotional damages.
Based on Gender
Sixty-five percent of female college graduates consider gender discrimination their greatest barrier to finding employment, according to a survey reported in a March 12 Dazhong Daily article (reprinted in Xinhua). On average, men were able to secure a job interview after 2 or 3 resume submissions, while women only secured interviews after 8 to 10 resume submissions, according to the report. An employee of a corporation's human resources department, on the condition of anonymity, admitted that even though they collected women's resumes at job fairs, either no one would review those applications, or, after interviews, they would discuss ways to rule out female job seekers. Companies also have "raised the employment threshold" by adding requirements for female candidates regarding height, appearance, age, and marital and child-bearing status to "naturally disqualify" female job seekers, the article reported. For example, many companies at a job fair required women to be "slender and in good disposition," "between 1.68 and 1.72 meters" (between 5 feet 6 inches and 5 feet 7 inches), or "between 45 and 55 kilograms" (between 99 and 121 pounds), according to a March 8 Sichuan News Net article (quoting a March 4 Beijing Evening News report). Some offices, including departments within the judicial system, even "brazenly" require that male employees be above 1.75 meters (5 feet 8 inches) and want to hire "no women" because employees are to "reflect the country's image," said National People's Congress representative Zhou Hongyu in the March 3 People's Daily interview cited above.
Tackling Employment Discrimination
Even though the EPL aims to promote equality in employment, it does not clearly define what actions constitute employment discrimination, nor does it fully detail penalties for those actions. The Congressional-Executive Commission on China reviewed a sample of over 30 other legal, regulatory, and supplemental documents issued at both the central and local levels that refer to the EPL, and found similar issues concerning clarity and detail in provisions regarding the definition of discrimination, enforcement, and relief to individuals subjected to alleged discrimination. According to an Internet survey reported in a January 17 Legal Daily article (via Xinhua), 90.1 percent of college students believe that discrimination exists in their chosen fields of employment; 82.7 percent express "dissatisfaction but have no options" when they face employment discrimination and therefore choose to forgo their legal rights for the sake of securing their employment.
Since 2004, National People's Congress representative Zhou Hongyu and other experts have been promoting an anti-employment discrimination law that would establish an equal opportunity employment committee. The proposal details the conditions, procedures, and burdens of proof involved in petitioning the committee, according to a March 7 Legal Daily report. Nevertheless, as argued in a March 9 Xinhua article, a law cannot solve a problem without tackling its root causes!which in this case includes corporations' lack of a sense of social responsibility. Companies "are not willing to hire disabled or disadvantaged workers for fear of hurting their economic performance,... especially under grim employment conditions," according to the March 7 report. In addition, some companies "find various excuses to create multiple barriers, legitimizing 'abnormal means' such as recruiting people solely based on their appearances or hukou status," says the same report. Ultimately, "discrimination is a social phenomenon" that requires people to change their traditional thinking, stated Zhou in the March 3 People's Daily interview.
For more information about employment discrimination, see Section II-Worker Rights-Employment Promotion Law and Section II-Public Health in the CECC 2008 Annual Report. See also a previous CECC analysis on ethnicity-based employment discrimination: Governments in Xinjiang Continue to Sponsor, Sanction Job Recruitment That Discriminates Against Ethnic Minorities.
| Source: -See Summary (2009-03-13 / English) |
Posted on: 2009-07-02 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=119057 |
Recruitment for State Jobs in Xinjiang Discriminates Against Ethnic Minorities
Ethnic minorities in the Xinjiang Uyghur Autonomous Region (XUAR) continue to face widespread discrimination in recruitment for state jobs, according to Congressional-Executive Commission on China (CECC) analysis of recent recruiting efforts for jobs in the Xinjiang Production and Construction Corps (XPCC) and XUAR schools. The recent recruitment programs follow other examples of discriminatory job recruiting practices in the XUAR and come during a period of high unemployment for XUAR college graduates.
Discrimination in Xinjiang Production and Construction Corps Continues
The Xinjiang Production and Construction Corps (XPCC) has announced plans to recruit for 894 positions, of which 744 have been reserved for Han Chinese, according to rosters of available job openings. (See an index of job openings posted May 7 on the Bingtuan Personnel Testing Authority Web site to download the rosters.) Of the remaining positions, 137 are specified as unrestricted by ethnicity and thus are open to applicants of all ethnic groups including Han, while 11 positions are reserved for Uyghurs and 2 positions are reserved for Kazakhs. The job recruitment follows earlier discriminatory hiring practices in the XPCC documented by the CECC in 2006. All of the positions advertised in the 2009 XPCC recruiting program require at least a technical or college degree. The positions include jobs in employing agencies such as government bureaus, Communist Party committee offices, the XPCC court system, and prisons. All candidates must take the job recruitment exam in Mandarin Chinese, according to information on the job recruiting program posted May 7 on the Bingtuan Personnel Testing Authority Web site. (For additional information on the 2009 XPCC job recruitment, see also a brochure posted May 7 on the Bingtuan Personnel Testing Authority Web site and an article posted May 8 on the Kashgar district government Web site.)
As noted in previous analysis by the CECC, the Chinese government established the XPCC in 1954 as a means of settling demobilized soldiers and Han migrants to perform border defense functions and to support economic development. The central government's 2003 White Paper on the History and Development of Xinjiang says that the ranks of the XPCC are now "a mosaic of people from 37 ethnic groups, including the Han, Uygur, Kazak, Hui, and Mongolian." The White Paper describes the XPCC as "a special social organization, which handles its own administrative and judicial affairs" but "in accordance with the laws and regulations of the state and the Xinjiang Uygur Autonomous Region." As noted by the CECC, Chinese law forbids discrimination based on ethnicity. Within this framework of non-discrimination, several provisions in Chinese laws stipulate measures to promote the hiring of ethnic minorities.
Teaching Positions Discriminate Against Ethnic Minorities
Recent job recruitment announcements from one district and one autonomous prefecture in the XUAR also indicate widespread discrimination against ethnic minorities during the recruitment process for jobs in XUAR schools. In Aqsu district, 347 of 436 open positions in district schools are reserved for Han Chinese, while the remaining 89 positions are reserved for Uyghurs, according to a roster of open positions. (See an announcement on the job openings posted May 8 on the Shayar county government Web site to download the roster of job openings.) In addition to the restrictions based on ethnicity, candidates must not believe in a religion or participate in religious activities, according to the May 8 announcement. In the Bayangol Mongol Autonomous Prefecture within the XUAR, 413 of almost 500 jobs in local schools are reserved exclusively for Han Chinese, according to a list of open positions. (See a May 4 brochure on the Southern Xinjiang Personnel Net to download the roster.) In addition, 37 positions are specified as unrestricted by ethnicity and thus are open to applicants of all ethnic groups including Han, while 26 positions are reserved for Uyghurs and 10 exclusively for Mongols. In addition, 5 posts are open either for Han or Mongol candidates.
Available information on the job recruitment in Aqsu and Bayangol indicates that the ethnicity-based categories are not proxies for language skills, as the positions contain separate stipulations regarding language capability, in addition to ethnicity-based restrictions. (XUAR schools traditionally have offered separate tracks of schooling in Mandarin and in ethnic minority languages, though such tracking has diminished with the implementation of Mandarin-centered "bilingual" education.) According to the recruiting announcement from Aqsu district, ethnic minority candidates must meet a minimum requirement on a national Mandarin Chinese exam. In addition, 56 of the 89 positions for Uyghurs are reserved for Uyghurs who received their schooling in Mandarin-language schools (minkaohan students), according to the roster of open positions in Aqsu. The announcement on job recruitment in the Bayangol Mongol Autonomous Prefecture specifies that ethnic minorities whose native language (mother tongue, or muyu) is Mandarin Chinese may apply for positions reserved for Han Chinese, thereby appearing to exclude ethnic minority candidates who are fluent in Mandarin (such as minkaohan students who learned Mandarin in school), but do not speak it as their native language.
Graduates Face High Unemployment Rates
The barriers to employment for ethnic minority job candidates come during a period of high unemployment in the XUAR. XUAR authorities have pledged to boost employment and to focus on increasing job prospects for ethnic minorities, but the evidence of ongoing discriminatory practices, along with limited information on implementation of policies to promote employment of ethnic minorities, call such a stated focus into question.
According to a March 2 article from the XUAR Ethnic Affairs Commission (via the State Ethnic Affairs Commission) and March 10 China Daily report, the government has pledged to sustain an employment rate of over 70 percent for recent XUAR college graduates through measures including programs that send medical and educational workers to rural areas and through the establishment of job training bases. The rural jobs and training bases will focus on hiring and training ethnic minorities, according to the reports. Since making the pledge, authorities have reported on efforts to create new jobs for college graduates, though some information has had limited or no information on increasing job prospects for ethnic minorities. An April 16 article from Xinhua Xinjiang reported that the region has established over 7,000 spots for university graduates in the job training bases. The article did not include information on efforts to encourage training of ethnic minority graduates. A May 18 article from Xinhua Xinjiang noted that as of the end of April, only 22.1 percent of college graduates in the XUAR had signed employment contracts, down 1.49 percent from the previous year. The article reported that a government official outlined steps to spur employment, including through job recruitment for positions in the government and XPCC. (The government has also filled XPCC positions with people from outside the XUAR. See information on efforts to recruit approximately 4,400 college graduates from Gansu province for XPCC jobs, as reported in an April 10 China Ethnicities News report, via the State Ethnic Affairs Commission. The percentage of college graduates who signed employment contracts in the XUAR compares with an unofficial estimated nationwide figure for college graduates of 33 percent as of March 2009, according to an April 3 report posted on the Xinyang, Henan province, Personnel Bureau Web site.) At the same time it reported on job opportunities in the XPCC, shown by the CECC to exclude most ethnic minority candidates, the May 18 article said the government would focus employment assistance work on giving priority to hiring and providing benefits to ethnic minority graduates and graduates with difficulties finding employment. An April 15 government notice, posted May 22 on Tianshan Net, provided information on a program to send graduates to work in rural areas, but neither the notice nor accompanying materials provided information on promoting the hiring of ethnic minorities. Information on civil servant hiring in the XUAR has given some information on ethnicity-based restrictions and efforts to promote the hiring of ethnic minorities. Of 6,558 open civil servant positions in the XUAR government, the government has both left "the majority of positions unrestricted by ethnicity," thereby open to candidates of all ethnic groups including Han, and has "reserved a set amount of positions" for ethnic minorities, according to a May 12 report from the Xinjiang Personnel Department.
The continuation of government-sponsored discriminatory job recruitment practices in the XUAR accompanies broader policies in the region that also violate the rights of ethnic minority citizens. For more information on conditions in the XUAR, see Section IV--Xinjiang in the CECC 2008 Annual Report.
| Source: -See Summary (2009-05-26 / English) |
Posted on: 2009-07-02 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=122703 |
Officials Extend Liu Xiaobo's Residential Surveillance Beyond Legal Time Limit
Chinese officials continue to hold prominent intellectual and Charter 08 signer Liu Xiaobo even though the six-month limit for residential surveillance as provided for in China's Criminal Procedure Law (CPL) has expired. Article 58 of the CPL allows officials to place someone under residential surveillance for up to six months. Police reportedly took Liu into custody on December 8, 2008, meaning the period of his residential surveillance should have expired on June 8, 2009, and officials would have had to provide another legal basis for holding him, according to a June 8 Dui Hua Human Rights Journal analysis issued by the Dui Hua Foundation, a non-profit organization that seeks to promote universal human rights through dialogue between China and the United States.
Liu's lawyer, Mo Shaoping, said police told Liu's wife that Liu would remain under residential surveillance while they continued to investigate his case, according to a June 9 Agence France-Presse (AFP) article (via Google). "They said that new measures in his case would be taken, but they did not specify what these measures were," Mo said. "Basically, his entire residential surveillance has not conformed with laws and regulations."
Officials have kept Liu at an undisclosed location in Beijing even though Chinese law would appear to require that residential surveillance be carried out at Liu's home in Beijing and not another location. Officials have also denied Liu access to his lawyer, despite provisions under Chinese law that give a person under residential surveillance the right to meet with his lawyer without permission.
"His residential surveillance should be carried out at his home -- his family should live with him and his lawyers should be able to freely visit. None of this has happened," Mo told AFP. Mo said he sent a letter to the procuratorate in Beijing asking officials to free Liu or issue formal charges, according to a June 9 Times Online article.
The Dui Hua analysis noted:
Though more attention has been paid in recent years to abiding by certain provisions of the CPL, Chinese law-enforcement authorities have in the past frequently ignored legally established rights and time limits, especially in cases like this one that appear to be of a political nature. Officials took Liu into custody a day before more than 300 Chinese citizens issued Charter 08, a document which they signed and which calls for political reform and greater protection of human rights in China. The charter was posted on the Internet and allows additional persons to sign the document via e-mail. As of April 17, 8,484 persons had signed the charter, of which about 80 percent reside in mainland China, according to the book "Charter 08," published by Open Books (Hong Kong) in May. Charter 08 is inspired by a 1970s charter issued in the former Czechoslovakia.
For more information, see a previous CECC analysis of official harassment of Charter 08 signers, censorship of Charter 08 on the Chinese Internet, and the legality of Liu's residential surveillance, and a previous CECC analysis of the Charter 08 document and initial reports of Liu's detention.
| Source: -See Summary (2009-06-09 / English / Free) |
Posted on: 2009-07-02 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=123377 |
Xinjiang Authorities Block, Punish Free Expression
Authorities in the Xinjiang Uyghur Autonomous Region (XUAR) continued in 2009 to engage in censorship campaigns and punish people for peaceful expression and assembly. Authorities outside the XUAR also participated in the censorship of a Web site devoted to Uyghur issues. The measures continue a longstanding trend in blocking and punishing free expression in the XUAR, especially among the Uyghur ethnic group. The continued controls also come amid a year of heightened government repression in the region. See below for information on recently reported government efforts to block and penalize free expression and assembly, as well as for a newly reported development in the case of imprisoned Uyghur writer Nurmemet Yasin.
Censorship Campaigns
In 2008, XUAR authorities made "illegal" political and religious publications the focal point for that year's campaign to "Sweep Away Pornography and Strike Down Illegal Publications." In late 2008 and early 2009, authorities reported on the continuation of censorship campaigns that included focus on "illegal" political and religious publications.- A district in Qaramay municipality reported in late November 2008 that the municipal government had issued a "notice on confiscating Muslim books such as 'The Truth About the Holy Teachings' and 'The Call to Orthodoxy,'" according to a November 29 report on the Jerenbulaq district (Baijiantan), Qaramay municipal government Web site. Authorities investigated local book and music sellers in accordance with the notice, the article reported.
- In an inspection of the cultural market in the XUAR capital of Urumqi, authorities reported confiscating 175 copies of "illegal religious pictures," according to a February 10 report from the Urumqi municipal government Web site.
- XUAR authorities will coordinate with propaganda departments from provinces including Gansu, Qinghai, Shaanxi, and the Ningxia Hui Autonomous Region to establish a cross-provincial mechanism to stop the printing and sales of "illegal" religious materials, according to a March 2 Xinjiang Daily report about a meeting to enlarge the law enforcement teams that monitor cultural markets in the XUAR. The article also reported that in 2009, XUAR authorities established a fund to reward efforts to "purify" the cultural market, with focus on "illegal" religious and political publications.
- As part of a campaign to curb "illegal religious activity" in Hoten district, authorities reported finding large amounts of "illegal propaganda materials such as books, handwritten texts, CDs, and tapes," according to a March 4 article on the Xinjiang Peace Net. See a related Congressional-Executive Commission on China analysis for more information about the steps to fight "illegal religious activity" in Hoten.
- Authorities in the XUAR will implement a special system of oversight for bookstores, newspaper stands, audio and video suppliers, and similar vendors that are located within 500 meters of schools, according to a March 18 report from Tianshan Net. The report also provided statistics on the number of books confiscated in 2008. Of a total of 877,193 copies of items confiscated in 2008, 29,905 were "illegal" political materials. The article did not report the number of "illegal" religious items confiscated.
Repeated Shutdown of "Uyghur Biz" Web site, Webmaster Questioned
In March, authorities repeatedly shut down the multi-language Web site Uyghur Biz (also known as Uyghur Online) and interrogated Beijing-based Uyghur scholar Ilham Toxti, who runs the site, according to reports from Radio Free Asia (RFA). (See March 6, March 26, and May 12 English-language reports and March 5, 6, and 24 Uyghur-language reports.) Ilham Toxti reported that authorities accused him of separatism, according to the May 12 report. Authorities initially shut down the site in early March, after Ilham Toxti gave an interview criticizing government administration in the XUAR. Based on CECC monitoring, the Mandarin-language version of the Web site was available again on March 9 and the Uyghur-language version on March 10. CECC monitoring found that the site was again closed on March 20, one day after the site hosted an article by Ilham Toxti stating that XUAR government chairperson Nur Bekri was unfit for his job. The Internet censorship follows the closure of Uyghur Biz in mid-2008, as reported in a June 12, 2008, RFA article, and also follows the closure of some Uyghur-language bulletin board services during the 2008 Beijing Summer Olympic Games. According to the March 26 RFA article, the Uyghur Biz Web site has been shut down a total of six times since Ilham Toxti first started the site in 2006.
Penalizing Free Expression and Assembly
Several reports from March and April 2009 described steps to punish people for exercising their right to distribute information or organize protests:- According to April reports from Radio Free Asia (RFA), authorities in Turpan municipality detained Ekberjan Jamal, a young Uyghur man, on December 25, 2007, after he had used his cell phone to make audio recordings of November 2007 shopkeepers' demonstrations in Turpan and sent the recordings to friends overseas. (See an April 15 English-language report and April 13 and 14 Uyghur-language reports.) His friends gave the recordings to Hong Kong-based Phoenix News and to RFA. (See 2007 RFA articles about the demonstrations dated November 1, 2, and 26.) Ekberjan Jamal later posted on his own Web site the news based on his audio recordings. The Turpan Intermediate People's Court sentenced Ekberjan Jamal to 10 years in prison on February 28, 2008, for splittism and revealing state secrets, crimes under articles 103 and 111 of the Criminal Law. He is being held in the Xinjiang Number 4 prison in Urumqi, according to the RFA reports.
- Chinese state-run media reported in March that procuratorate officials approved the arrest of and initiated prosecution against a young man, identified only as "Ya," after he allegedly "spread rumors" on the Internet about a clash that broke out in January at an Internet Caf└ in Shayar county, Aqsu district. (See a March 16 report from Tianshan Net and a March 17 report from Xinhua, via China Daily.) The reports said that "Ya" fabricated the nature of the clash, reporting that Han Chinese had beaten and killed a Uyghur youth, describing police indifference to the matter, and reporting that over 500 Uyghurs took to the streets to demonstrate. The Tianshan Net report said that "Ya's" article was then used by "separatist" Web sites overseas that aimed to "disrupt ethnic unity" and "influence social stability." (For reports on the incident by RFA after the clash broke out in late January, see a February 6 article as well as RFA Uyghur-language articles from January 30, February 3, and February 4. See also a January 31 report from the East Turkistan Information Center.)
- Also in March, official media reported that in June 2008, authorities from Hoten district intercepted and arrested people described as members of Hizb ut-Tahrir who planned to "sabotage" the Olympic torch relay. A report posted March 3 on the Hoten Peace Net (from the Hoten Frontier Defense Detachment) said that authorities found the group traveling in a vehicle carrying a computer, printer, and "reactionary" leaflets. The report did not provide additional details about the case.
- The Uyghur American Association reported in a March 16 press release that a court in Hoten municipality, Hoten district, sentenced Abdukadir Mahsum on February 26 to 15 years in prison for his activities organizing peaceful demonstrations in Hoten in March 2008 to protest government human rights abuses. The news follows other steps in the XUAR to punish people who plan or participate in demonstrations. In December 2008 public security offices took two young men into detention after they tried to organize a demonstration on the campus of Xinjiang University.
New Report Provides Update on Imprisoned Writer
According to information reported in a March 17 Radio Free Asia (RFA) article, prison authorities have taken repercussions against imprisoned writer Nurmemet (Nurmuhemmet) Yasin since he met with UN Special Rapporteur on Torture Manfred Nowak in late 2005 and reported mistreatment to Nowak. According to the RFA article, authorities have reduced Nurmemet Yasin's family visits from every two months to twice a year and have restricted Nurmemet Yasin's activities within prison as punishment for having not "reformed his views." Nurmemet Yasin is serving a 10-year prison sentence for "inciting splittism," based on a short story he wrote about a pigeon that chooses suicide over life within a cage.
For more information on freedom of expression in the XUAR, see the following CECC analyses:For more information on conditions in the XUAR, see Section IV--Xinjiang, in the CECC 2008 Annual Report.
| Source: -See Summary (2009-03-30 ) |
Posted on: 2009-07-02 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=119624 |
China Requires Journalists To Obtain New Press Cards To Practice Profession
Journalists and editors at Chinese news organizations are required to possess a government-issued press card in order to legally practice their profession. This requirement differs from more limited forms of press accreditation, such as press badges required for access to certain places or events. Under China's press card system, the government has complete discretion to determine who may or may not legally practice journalism. As detailed below, such a licensing scheme does not conform to international human rights standards for freedom of expression. Every five years journalists already possessing a press card must apply for a new card, at which time the government may deny renewal. 2009 marks five years since the government last renewed press cards in 2004. Press cards currently held by journalists will expire on July 1, 2009. The government has given journalists and editors until June 30 to obtain new cards.
China's Licensing Scheme Does Not Conform to International Standards
China's general press card requirement does not conform to international standards for freedom of expression. Under the Measures for the Administration of Journalist Accreditation Cards, all journalists are required to possess the press card and cardholders must meet government-imposed qualifications including a minimum level of education and adherence to a vague "professional ethics" requirement. International experts have criticized a general licensing requirement for journalists which allows the government discretion to refuse registration and imposes substantive conditions on print media. Such schemes are unnecessary and may be abused, according to a 2003 joint declaration issued by the UN Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Cooperation in Europe (OSCE) Representative on Freedom of the Media, and the Organization of American States (OAS) Special Rapporteur on Freedom of Expression. "Individual journalists should not be required to be licensed or to register. There should be no legal restrictions on who may practice journalism," the declaration said, adding that press accreditation is "appropriate only where necessary to provide [journalists] with privileged access to certain places and/or events." Such an interpretation of the appropriateness and scope of accreditation requirements for journalists is consistent with international human rights standards for freedom of expression, including the International Covenant on Civil and Political Rights (ICCPR), which require that restrictions on freedom of expression be limited to those which are necessary to protect the rights or reputations of others, national security, public order, or public health or morals. China has signed and committed to ratify the ICCPR.
Chinese officials have used the general press card requirement to harass unlicensed journalists who report on politically sensitive topics. In 2007, for example, police in Nanjing accused Sun Lin (pen name Jie Mu), a reporter for the U.S.-based news Web site Boxun News, of working for an illegal news organization and reporting without an official press card, according to a June 4, 2007, Committee to Protect Journalists article. Sun had reported on property disputes and other politically sensitive topics as well as Boxun's failure to gain accreditation to cover the 2008 Olympic Games and officials had warned him to stop reporting, the article said.
2009 Accreditation Card Renewal
The General Administration on Press and Publication (GAPP) has announced that journalists and editors working for Chinese news organizations must exchange their current press cards for new ones by June 30, 2009, and that the validity of their old cards will expire on July 1, according to the Circular Regarding the 2009 Exchange and Issuance of Press Cards (Circular) issued on January 20, 2009. The renewal will affect approximately 260,000 news personnel, according to a February 11 People's Daily article. GAPP is the administrative agency in charge of regulating the news publishing business, including the licensing of news publications and journalists. Every five years journalists must exchange their cards for new ones, according to Article 16 of the 2005 Measures for the Administration of Journalist Accreditation Cards.
According to the Circular, GAPP and local press and publication bureaus under GAPP will be responsible for approving and issuing the cards. The Circular provides that these government agencies and news organizations should "strictly examine and verify the press card applicant's qualifications, be stringent with the scope of distribution of press cards, and firmly expunge those not meeting the requirements from the journalists' ranks."
2009 Campaign to Strengthen Oversight
The new press cards are linked to a broader set of GAPP measures in 2009 to "strengthen oversight of news personnel and news reporting and editing activities," according to GAPP Deputy Director Li Dongdong as reported in a February 13, 2009, China Press and Publication Journal report. These measures include: - Creation of a black list. Journalists who "violate laws and regulations" will have their press cards revoked and names placed on a black list of journalists with "bad records."
- Amendment of the Measures for the Administration of Journalist Accreditation Cards to "strengthen the regulatory system relating to applying for, examining and verifying, and granting press cards."
- New measures to strengthen oversight over reporting and editing activities to "regulate order in news reporting and curb fake reports."
Chinese Government Justifications for Policy
The Chinese government claims that government licensing and supervision of journalists and editors is needed to prevent corruption and protect journalists. In March 2009, GAPP Director Liu Binjie said a spate of cases involving extortion among "fake" journalists in 2008 had "impacted commercial and social stability" and that "attacking fake journalists" would be a government priority this year, according to a March 4 Jinghua Times report (via Xinhua). The preamble to the Circular claims, as Chinese officials have in the past, that the exchange and issuance of press cards will strengthen the rights of news reporters. Officials this year point to new language printed on the press card as further ensuring journalists' access to government officials. The new language will say: "governments at all levels should facilitate the reporting of journalists who hold this card and provide necessary protection," according to a February 10 China Youth Daily report.
For additional analysis of China's licensing system for journalists under international human rights standards, see The Mechanics of Censorship, A Report on the Regulations for Print Media of the People's Republic of China, issued in September 2007 by Article 19, a human rights organization that promotes freedom of expression.
For more information on the Chinese government and Party's censorship of Chinese media generally, see Section II - Freedom of Expression, in the Congressional-Executive Commission on China 2008 Annual Report.
| Source: -See Summary (2009-03-18 / English / Free) |
Posted on: 2009-07-02 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=118599 |
China's Responses at the UN Human Rights Council's Universal Periodic Review
During the recent Universal Periodic Review of China's human rights record before the UN Human Rights Council, China denied the existence of human rights issues such as censorship, abuse of state secrets laws, and black jails, defended its reeducation through labor system and registration requirements for religious activity, and asserted that its laws protect workers, lawyers, and ethnic minorities. China did not support Member States' recommendations in many of these areas and called such concerns ^politicized. ̄
On February 9, 2009, the UN Human Rights Council Working Group on the Universal Periodic Review (UPR) held a three-hour session to review China's human rights record. The UPR, which was created in 2006, is a new mechanism under which the UN Human Rights Council reviews the human rights records of all UN Member States once every four years. (See previous Congressional-Executive Commission on China analysis for background information on the review process.)
The three-hour review session began with a presentation by Li Baodong, Ambassador and Permanent Representative of China to the United Nations, who provided an overview of China's social, economic, and human rights developments and reiterated China's position on a number of human rights issues. An "interactive dialogue" followed during which delegations from 60 Member States commented on China's human rights situation and offered specific recommendations. Fifty-five other Member States were not able to make their statements due to time constraints. The Chinese delegation responded to some of the comments by highlighting China's progress on human rights and rejecting certain concerns raised at the session by a number of countries, calling such criticisms "politicized," according to the Draft Report of the Working Group on the UPR of China.
On February 11, the Working Group adopted the Draft Report, which summarized the February 9 session and set forth China's official response to the recommendations made by Member States. The final report will be adopted at an upcoming regular session of the UN Human Rights Council. The state under review may choose to support or not support a recommendation, or indicate that a recommendation has already been implemented. Accepted recommendations are not legally binding. The state under review has the primary responsibility for implementation and must provide information on its progress at a follow-up review. China's follow-up review will take place during the second cycle of the UPR (2012-2015). For more information on the UPR process, please see a fact sheet available on the Web site of the UN Office of the High Commissioner for Human Rights.
The language below is based on or taken directly from the Draft Report. Please note the Draft Report paraphrases and summarizes, rather than directly quotes, statements made at the session. Any language that appears in quotation marks in the chart below is taken verbatim from the Draft Report. Also note the chart highlights only a selection of the many issues discussed at the session. Please see the Draft Report for the full summary of China's session.
| Issue | China's Responses to Concerns Raised | China's Responses to Recommendations |
|---|
| Freedom of Expression | China's Response:
-"There is no censorship."
-"No individual or press has been penalized for voicing their opinions or views."
-Obstacles faced by journalists do not come from the government.
-Laws prohibiting the creation of rumors or subversion on the Internet conform with the International Covenant on Civil and Political Rights. | China Did Not Support:
-Extend relaxed restrictions for foreign journalists to Chinese journalists.
-Revise laws and practices that violate free expression and release prisoners held for such crimes (including those held in connection with Charter 08).
-Accept differences of opinion "expressed by human rights defenders through peaceful demonstration." | | Treatment of Human Rights Advocates | China's Response:
-State secrets laws are not abused to punish human rights defenders.
-Law on protection of state secrets clearly defines "state secrets." | China Did Not Support:
-Reform state secrets laws and definitions of crimes such as incitement of subversion to prevent the abuse of such laws to punish human rights defenders.
-"Investigate reports of harassment and detention of human rights defenders."
China Supported:
-Guard against those "who are qualifying themselves as human rights defenders with the objective of attacking the interests of the state and the people of China." | | Freedom of Assembly | China's Response:
-Rights to freedom of assembly, association, procession, and demonstration are protected and citizens may apply to engage in such activities under law. | China Did Not Support:
-"Ensure protection of the right of peaceful assembly and release all persons arrested in this connection." | | Freedom of Religion | China's Response:
-Registration requirements for religious organizations are "minimum" and "family gatherings" of Christians do not require registration. | China Did Not Support:
-Review approach to religious groups, including unofficial ones.
-Guarantee religious freedom, freedom of belief, and the freedom to worship in private.
-"Simplify requirements for official approval of religious practices[.]" | | Reeducation Through Labor (RTL) (system allowing for up to four years detention outside of judicial system and Criminal Procedure Law) | China's Response:
-"The Chinese system of reeducation through labor is similar to that of correctional service in other countries and is applied to persons who have committed crimes that do not warrant criminal sentence. There are 320 such centres in China with 190,000 inmates." | China Did Not Support:
-Abolish the RTL system.
China Supported:
-Reform RTL "according to its national realities." | | Extra-Legal Detention Facilities or "Black Jails" | China's Response:
-"There are no black jails in the country." | China Did Not Support:
-Abolish black jails. | | Rights of Lawyers and Detainees | China's Response:
-Recently amended law on lawyers clearly protects "[lawyers'] rights, their personal liberty and immunity from sanctions for speeches defending legally their clients in criminal proceedings." In state secrets cases, it is normal to place restrictions on lawyer-client meetings. | China Did Not Support:
-Ensure lawyers "can defend clients without fear of harassment and can participate in the management of their own professional organizations."
-"Ensure the independence of [the] judiciary and lawyers."
-Ensure detainee's rights to see visitors and have "permanent access to legal counsel and effective complaint mechanisms." | Ethnic Minorities
(Tibetans, Uyghurs) | China's Response:
-Religious beliefs and culture of ethnic minorities are respected and protected.
-Ethnic minorities are allowed to fully exercise their human rights.
-"[A] few people with the support of foreign forces try to split Tibet and Xinjiang from China and they by no means represent the governing majority of Tibetans and Uighurs as Tibet and Xinjiang are inseparable parts of China's territory and the Government will not allow any attempt to split China to succeed." | China Did Not Support:
-Review laws and practices to ensure protection of ethnic minorities' freedom of religion (1),(2), movement, culture, and language.
-End the "strike hard" campaign in Tibet associated with numerous rights violations.
-Increase access to Tibetan areas for the Office of the High Commissioner on Human Rights (OHCHR), other UN bodies, diplomats, and international media.
China Supported:
-Continue "efforts to further ensure ethnic minorities the full range of human rights including cultural rights." | | Death Penalty Statistics | | China Did Not Support:
-Make death penalty statistics public. | | Worker Rights | China's Response:
-Constitution and trade union law provide that workers may "organize and join trade unions and carry out activities entirely free." | China Did Not Support:
-Lift reservation to Article 8.1(a) of the International Covenant on Economic, Social, and Cultural Rights (ICESCR), "which ensures the right of everyone to form trade unions and join the trade union of his or her choice." | | North Korean Refugees | China's Response:
-China has acceded to the 1951 Convention on the Status of Refugees and its Additional Protocol and follows the principle of non-refoulement (non-repatriation) in accordance with the convention.
-China is working on refugee legislation to further clarify screening procedures.
-"Some people who illegally entered China because of economic reasons are not "refugees" but illegal immigrants." | China Did Not Support:
-Implement the November 2008 recommendations of the Committee against Torture, "particularly on ... the non-refoulement of refugees from the Democratic People's Republic of Korea." |
| Source: -See Summary (2009-03-18 / English / Free) |
Posted on: 2009-07-02 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=119334 |
Two Men in Inner Mongolia in Detention for Involvement in Mongolian Organization and for Planned Protest
Authorities in the Inner Mongolia Autonomous Region (IMAR) have detained two Mongol men on charges of involvement with a pan-Mongolian organization and for attempting to organize a protest, according to a May 3 report from the U.S.-based Southern Mongolian Human Rights Information Center (SMHRIC). State security personnel detained Almas in the IMAR capital of Hohhot on April 30, 2009, while authorities detained Baoyu in Bogt (Baotou) city on the same day. According to the report, authorities detained them for involvement or alleged involvement in the "Pan-Mongolia Association," which authorities label as a separatist organization, as well as for alleged attempts to arrange a protest in Hohhot on the 62nd anniversary of the IMAR's founding on May 1. SMHRIC reported that Almas is the secretary of the Pan-Mongolia Association and that authorities alleged Baoyu was also involved in the organization. According to SMHRIC, sources reported that a call to hold a protest and an announcement about a conference to address ethnic issues in the IMAR, both written in the name of the Pan-Mongolia Association, were distributed through the Internet and text messages. Further details about the cases, including the men's current whereabouts, are unknown.
Also on April 30, security officials in Naiman banner, Tongliao city, detained businessman Arslan, one of Almas' friends, according to the SMHRIC report. They questioned him about his association with Almas, about the Pan-Mongolia Association, and about Arslan's Internet publications, which they charged harmed ethnic harmony. Authorities held him in three periods of detention for three days before releasing him.
The detentions follow other measures to punish ethnic Mongols for promoting Mongols' rights or for their links or perceived links to overseas ethnic rights organizations. As noted in the Congressional-Executive Commission on China (CECC)2008 Annual Report, in July 2008, authorities in the IMAR detained businessman Burildguun for alleged ties to an overseas Mongolian political group. In March, authorities detained writer Naranbilig for 20 days in connection with his plans to attend the United Nations Permanent Forum on Indigenous Issues and with his broader activities advocating for the rights of ethnic Mongols. The same month, authorities also detained activist Tsebegjab for his alleged ties to overseas activists. Authorities later placed both Naranbilig and Tsebegjab under confinement in their homes.
The detentions come as the government continues to implement policies in the IMAR that have undermined the protection of Mongols' rights. As noted in the CECC 2008 Annual Report, longstanding government policies have disrupted traditional pastoral livelihoods, forced resettlement and assimilation, and reduced the use of the Mongolian language. Authorities have taken some steps in recent years to revive the use of Mongolian, with mixed results, but elsewhere authorities have targeted some Mongolian language Web sites for closure. For more information on conditions in the IMAR, see Section II--Ethnic Minority Rights in the CECC 2008 Annual Report.
| Source: -See Summary (2009-05-15 ) |
Posted on: 2009-06-24 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=122238 |
Xinjiang Authorities Announce Heightened Security Threat, Strengthen Security Capacity, and Continue Propaganda Campaigns
Authorities throughout the Xinjiang Uyghur Autonomous Region (XUAR) have continued in late 2008 and early 2009 to implement harsh security controls and widespread propaganda campaigns in the name of preserving stability, while a top official in the region said in March 2009 that the XUAR will face a more serious security terrain in the coming year.
Official: More Serious Security Issues for XUAR in 2009
Speaking at a press conference on March 6, XUAR government chairperson Nur Bekri said that the region's battle against separatism would be "more severe, the task more strenuous, and the conditions for battle more intense," according to a March 6 Xinhua article and March 7 Tianshan Net report. Nur Bekri attributed security threats to "Western hostile forces" and to the "three forces" of terrorism, separatism, and religious extremism, which he said would continue to carry out activities to "divide" and "sabotage" the region, according to the Tianshan Net report. He said all threats to the region would meet with "hard strikes" and "firm opposition" from the people. In January 2009, a national White Paper on China's national defense (via the Chinese government Web site) included supporters of "East Turkistan independence"--a reference to perceived separatist movements directed toward the XUAR--as one of three threats to "China's unity and security." As described in the Congressional-Executive Commission on China (CECC) 2007 and 2008 Annual Reports, authorities have used security campaigns in the XUAR as a pretext for squelching peaceful dissent and controlling expressions of ethnic and religious identity, especially among the ethnic Uyghur population.
Nur Bekri's remarks come during a period of heightened security controls within the region. Authorities increased controls in 2008 amid preparations for the Olympic Games, intensified anti-terrorism campaigns in the region, and in response to protests among Uyghurs and Tibetans in China. (See the CECC 2008 Annual Report for more information.) In the aftermath of these events, authorities continued throughout fall 2008 to enforce harsh security measures and widespread ideological campaigns, efforts which have continued into late 2008 and 2009. Recently reported measures include:
Increased Capacity by Security Forces
The central and XUAR governments reported on measures in recent months to bolster overall security capacity throughout the region, according to reports from late 2008 and 2009. At a region-wide meeting held on March 5 and 6, XUAR public security officials pledged to strengthen stability measures, according to a March 6 report from the Xinjiang Daily. While the measures address the central government's general directive to "protect growth, the people's livelihood, and stability" throughout China (see, e.g., a March 4 China News Net article and February 14 Xinhua article), the meeting also singled out strengthened security measures in order to defeat the threat of the "three forces" within the XUAR. The Xinjiang Daily report also described police measures in January to root out "illegal" religious instruction classes, which led to over 20 detentions. The news follows the Central Military Commission's upgrade of the status of the Xinjiang people's armed police force in November in a measure described as increasing the force's capacity to respond to threats to stability, as reported in a November 27, 2008, Tianshan Net report (via NetEase), November 28 Xinhua article, and January 12, 2009, Tianshan Net article.
Local governments within the XUAR also reported on strengthening security measures. In March, authorities in Poskam (Zepu) county, Kashgar district, described measures to strengthen security work through measures that include mobilization of public security, procuratorate, court, and justice department staff to conduct nightly patrols, and a rapid response system to summon the public security bureau, people's armed police, and people's militia, according to a March 12 report from the Kashgar district government Web site. A month earlier, an official from the Aqsu district government outlined four broad measures for ensuring stability that included calls for a strengthening of intelligence networks, stepped-up controls over religious activity, and an increase in ideological propaganda, according to a February 23 report from the Aqsu District Environment Protection Bureau (via the XUAR Environmental Protection Bureau). The official also called for building off the successful experiences in Olympics security arrangements to tighten the district's "prevention and control" system within society.
Continued Ideological Campaigns
Authorities continue to implement widespread ideological campaigns targeting various communities within the XUAR. The educational campaigns as described in some reports have included sharp rhetoric against peaceful human rights activities.
Wide-scale Campaigns Target Students, Other Groups. Government Reports High Participation Rate
Authorities in Kashgar city, Kashgar district, outlined work on anti-separatism reeducation that has divided the education into three phases, extending through April 2009, according to a December 22 report from the Kashgar district government Web site. The three phases will include a period of study, a period of "exposing and criticizing," and a period of "self-examination and rectification," according to the report. The report described plans to form teams of cadres and religious personnel to bring anti-separatism education to groups including religious adherents, workers, youth, students and teachers, and migrants. Describing anti-separatism education for students as a "long-term and arduous job," an official in Ghulja (Yining) city, Ili Kazakh Autonomous Prefecture, outlined plans to strengthen anti-separatism education in schools, including through mandatory classes on patriotism and ethnic unity that exceed national requirements and through oversight measures implemented for the winter vacation, according to a February 5 report on the Ili News Net. The measures include arranging for teachers to visit students in their homes during vacation, requiring students to visit campus twice a month, and requiring students to do assignments seen as promoting ethnic unity, according to the report. During a three-month period of anti-separatism reeducation starting in October, authorities in Hoten district reported that 300,000 people directly received anti-separatism education and that in total, propaganda efforts reached more than 95 percent of the population, according to a February 8 report from the Xinjiang Daily. In addition to educating the public on stability threats, the activities also spread information on Communist Party policies in areas including religion, population planning, and "bilingual" education, according to the report.
Anti-Separatist Campaigns Target Rebiya Kadeer and Overseas Organizations
Two reports from the Qizilsu Kyrgyz Autonomous Prefecture (Qizilsu KAP) described anti-separatist propaganda campaigns that included harsh attacks against Rebiya Kadeer and groups including an organization that promotes human rights for Uyghurs. Rebiya Kadeer, a former political prisoner in China, is a U.S.-based civic leader and activist who has advocated for human rights for Uyghurs. Since Rebiya Kadeer's release from prison in 2005, authorities have harassed her family members remaining in the XUAR, culminating in prison sentences given to two of her sons in 2006 and 2007.
According to a report from the Qizilsu Anti-Separatism Office posted December 19 on the Xinjiang Peace Net, officials from the Qizilsu KAP traveled to an impoverished area to deliver anti-separatism propaganda education to 6 impoverished households and over 30 cadres. The report said that the education clarified the "reactionary fallacies" spread by the likes of Rebiya Kadeer and the "three forces." The report also singled out groups including the World Uyghur Congress (WUC), a Germany-based organization headed by Rebiya Kadeer that promotes human rights and democracy for the Uyghur people. A village cadre said officials would strengthen anti-separatism education and focus especially on religious figures, women, and youth, according to the report. In a prefecture-wide effort to focus on specific populations during anti-separatism propaganda education activities launched throughout the Qizilsu KAP, the Communist Party-led Qizilsu Women's Association issued a "Letter to Women of the Prefecture" to mobilize them to participate in anti-separatist propaganda education activities, according to a report from the Qizilsu Anti-Separatism Office posted December 19 on the Xinjiang Peace Net. According to the report, the letter educated women in seeing that Rebiya Kadeer was a "running dog" for anti-China sentiment in the West and a common enemy of the people, as well as a "bad woman" unable to "even properly educate her own children." The letter also denounced groups including the "three forces," the WUC, and "Tibet Independence." The letter called on women to be good wives, mothers, and daughters, and expose the "true evil intent" behind Rebiya Kadeer's calls for human rights and democracy. (For additional information on anti-separatism campaigns, including in the Qizilsu KAP, see a March 5 report on the Xinjiang Peace Net, providing more information on the scope and content of anti-separatism education in the Qizilsu KAP, as well as a December 15 report from the Xinjiang Legal Daily describing anti-separatist education activities among officials. For a detailed example of the content of anti-separatism propaganda education, see a question-and-answer sheet used in anti-separatism reeducation, dated November 12 from the Kelpin (Keping) county, Aqsu district, government Web site, available as a cached page.)
Controls Over Religion
Authorities have tightened control over religious activity as part of heightened security measures. See a related CECC analysis for information on measures recently reported by local governments, including carrying out a campaign aimed at "weakening religious consciousness," implementing rules to expel religious leaders for missing political study classes, monitoring students' activities during school vacations, and holding open trials to punish "illegal religious activity" and demonstrate its consequences to the public.
For more information on conditions in the XUAR, see Section IV--Xinjiang, in the CECC 2008 Annual Report.
| Source: -See Summary (2009-03-17 / English) |
Posted on: 2009-06-24 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=118758 |
China Issues New Hukou Policies To Promote Employment; Discrimination Continues
In January and February, the Chinese government issued new policies to lift certain restrictions on household registration (hukou), allowing citizens who meet specified criteria to obtain local hukou. Having local hukou is effectively a prerequisite for securing employment, healthcare, social insurance, education, and other government benefits; this has been the case since the issuance of the Regulations on Household Registration in 1958. The new policies aim to promote employment as authorities recently acknowledged rising unemployment of college graduates and migrant workers during the current economic downturn. Even though the new policies may benefit those with higher education and special skills, they continue the trend to exclude the majority of Chinese migrant workers. (For a discussion of China's household registration system, see section II--Freedom of Residence in the CECC 2008 Annual Report, including the Addendum: Recent Hukou Reforms (pp. 105-112); for a broader retrospective, see also the CECC October 2005 CECC topic paper on China's household registration system, and a chart on Chinese Hukou reforms as of 2004.)
National Policy
Article 2 of the State Council General Office's Circular Regarding Strengthening Employment for College Graduates issued January 19 (January 19 Circular) encourages college graduates to work in small- or medium-sized and non-state enterprises. According to the article, "each locality and city should abolish restrictions on local hukou" (excluding four municipalities: Beijing, Chongqing, Shanghai, and Tianjin) to encourage firms to hire college graduates without local hukou. The January 19 Circular also states that China's employment situation is "very grim" due to the current international financial crisis, and "each locality and relevant department should put the employment of college graduates as the top priority in the work of employment." Two weeks later, the State Council's Circular Regarding Completing Employment Work in the Current Economic Situation issued on February 3 referred to the January 19 Circular again when emphasizing college graduates' employment as a top priority for the government.
Shanghai Policy
Shanghai, as one of the four municipalities excluded from the January 19 Circular, issued the Trial Measures Regarding "Shanghai Residence Permit" Holders' Application for Shanghai Permanent Hukou (Trial Measures) on February 12. Article 5 stipulates that the applicant satisfy the following requirements: (1) hold a Shanghai residence permit for at least seven years; (2) participate in the city's social security system during the seven years while holding a Shanghai residence permit; (3) pay income tax during the seven years while holding a Shanghai residence permit; (4) have been employed as mid- or higher level professionals in the city; (5) and have had no violations of national or the city's population planning policy, administrative punishment or more severe criminal record, or other bad behavior. Even though Article 1 of the Trial Measures states that their purpose is to "deepen the city's household registration management reform," "perfect the residence permit system," and "attract talent," it appears that only fewer than 3,000 residents out of the 4,115,000 Shanghai residence permit holders may qualify and thus benefit from the new policy, according to a February 24 Xinhua report and a February 18 Beijing News report.
Reform with Discrimination
The Chinese government's new hukou policies come at a time when the government's primary concerns are the economic downturn and related social issues, including unemployment and "social stability." Even though the new policies aim to create employment, they exclude most migrant workers who do not have a college education or special skills, and are unlikely to bring fundamental change to the discriminatory nature of China's hukou system, according to Xinhua and People's Daily (via Xinhua) reports on February 17. As noted in the CECC 2008 Annual Report, China's hukou reforms have continued the trend to classify citizens into those with better education and skills and those with less education and fewer job skills, largely migrants or the so-called "floating population." For example, the Guangzhou city government in Guangdong province announced in February a new plan to manage the "floating population" in three categories for "public security," according to a February 21 Southern Metropolitan Daily report. This new plan drew criticism from the public for labeling the "unemployed" and the "poor" as "high risk populations" and thus in need of "strict management until [they] die," according to quotes from netizens reported in a February 23 Voice of America article. In the meantime, many local hukou reforms have taken place in other cities in Guangdong province, according to a February 24 Southern Daily report. There are also concerns about whether the new policies will be implemented because they are not compulsory, as a February 17 South China Morning Post (registration required) article and a February 18 National Business Daily article reported.
For more discussion on unemployment and hukou, see a previous CECC analysis Officials' Early Response to Unemployment and "Social Unrest" During Downturn, and section II--Freedom of Residence in the CECC 2008 Annual Report, including the Addendum: Recent Hukou Reforms (pp. 105-112).
| Source: -See Summary (2009-03-17 / English) |
Posted on: 2009-06-24 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=118848 |
Xinjiang Authorities Strengthen Controls Over Religion
Local governments in the Xinjiang Uyghur Autonomous Region (XUAR) reported throughout early 2009 on measures to strengthen control over religious activity. Measures include carrying out a campaign aimed at "weakening religious consciousness," implementing rules to expel religious leaders for missing political study classes, monitoring students' activities during school vacations, and holding open trials to punish "illegal religious activity" and demonstrate its consequences to the public. (See below for more details). The reports indicate a continuing trend in heightened repression over religion in the region, which according to official statistics has a majority Muslim population. The measures also form part of broader efforts in the XUAR to strengthen security and guard against perceived threats to stability. The XUAR government identifies "religious extremism" and "illegal religious activity" as key threats to the region. (See the Congressional-Executive Commission on China 2008 Annual Report for additional details.) The tightened controls follow heightened security measures in the XUAR implemented in 2008 amid preparations for the Olympic Games, intensified anti-terrorism campaigns in the region, and in response to protests among Uyghurs and Tibetans in China. Authorities continued to enforce harsh security measures and implemented widespread ideological campaigns throughout fall 2008 and into 2009. The steps to tighten control over religion also come as authorities have launched a third round of political training for "patriotic religious personnel" in an effort to enforce the notion that "stability is above all else" and to bolster support for policies on stability and economic development. According to a February 26 report from the Xinjiang Daily, the XUAR government will carry out training for 29,000 religious figures between 2009 and 2012. In a September 2008 speech, Nur Bekri announced plans to launch this training in 2009 and said it would be directed at Muslim religious personnel, according to a copy of the speech posted September 11 on Tianshan Net. Previous training has reached 43,700 participants--the figure refers to renci, which includes the possibility of repeat participants represented in this figure--in two rounds of sessions launched since 2001, according to the Xinjiang Daily report.
Recently reported measures by local governments to strengthen religious controls include:
Tightened Controls in Hoten
The Hoten district government announced plans to strengthen measures to deal with "illegal religious activities," according to a February 27 report on the Hoten Peace Net. The report described five measures: - Strengthening leadership and deployment of work on religion, including through the establishment of leading groups on "illegal religious activity," the use of accountability systems among officials, and through strengthened supervision over government work in this area.
- Increasing warnings against "illegal religious activity" and increasing propaganda on issues such as Communist Party policy toward religion and the nature of the "three forces" of terrorism, separatism, and extremism; using media like art and broadcast communications to spread propaganda and using artistic performances and recreational activities to weaken religious atmospheres; and carrying out activities such as events for people to sign their names to show resistance to "illegal religious activities."
- Deepening capacity to investigate and detect "illegal religious activity," including by mobilizing the support of local organizations and schools.
- "Strengthening management and purifying the environment" through five steps: strengthening management of religious activities; strengthening oversight of students during vacation periods through a system of both fixed and unscheduled contact with students; strengthening the management of the "cultural market," an activity that has been tied to censorship campaigns in the region; strengthening "inspection and control" over floating populations; and strengthening capacity for management.
- Stopping violations of the law and attacking crimes through measures including: carrying out public education and punishment of participants in "illegal religious activities"; penalizing and holding accountable heads of households, religious leaders, and other responsible people for the acts of students in "illegal" scripture classes; and holding open arrests and trials at the sites of illegal activity to send a message to the public about the consequences of such activity.
A March 4 report from the Xinjiang Peace Net reported positively on the Hoten district government's work to control "illegal religious activities," noting that authorities had already investigated and prosecuted "illegal religious activities," and had found large amounts of "illegal propaganda materials such as books, handwritten texts, CDs, and tapes," as well as ammunition and explosives. (A less detailed mention of this is also in the February 27 Xinjiang Peace Net report.) The March 4 report did not provide additional details on what made the religious activities and publications illegal nor on how the ammunition and explosives were related to religious activity. (For an example of how some "illegal religious activity" may be defined, see a question-and-answer sheet used in anti-separatism reeducation, dated November 12 from the Kelpin (Keping) county, Aqsu district, government Web site, available as a cached page, and a document providing a regional government definition of 23 kinds of illegal religious activity posted February 2, 2008, on the Chinggil (Qinghe) county, Altay district, Ili Kazakh Autonomous Prefecture government Web site.) An overseas organization reported that the campaign in Hoten has included house-to-house inspections, along with closures of unauthorized religious schools and detentions of those involved, according to a March 30 Associated Press report (via Yahoo).
Increased Oversight to Address Outstanding Problems in Yeken County
Government, Communist Party, and county Islamic Association officials in Yeken (Shache) county, Kashgar district, organized a meeting for religious figures on February 16 to address a series of "outstanding problems" within religious circles and discuss steps to deal with the management of religious affairs, according to a February 24 Xinjiang Peace Net article. "Outstanding problems" included:- The discovery of scripture instruction sites at mosques within the scope of a few religious leaders' jurisdiction.
- "Illegal religious activity" extending across multiple localities.
- The discovery of "illegal tabligh activities" and people suspected of membership in Hizb ut-Tahrir.
- Failure to curb or report the presence of illegal propaganda.
- Inadequate enthusiasm among some religious figures toward contributing to the development of the rural economy.
The official also expressed concern about religious figures who did not participate in political education and who have a "half-baked" understanding of interpreting scripture. He called on Islamic Association officials to sharpen their sense of responsibility toward their work. In addition, the official outlined a series of measures for strengthening religious work in the county. The measures included implementing a detailed system of oversight to enforce political training among religious leaders and expelling religious leaders who miss a total of three study sessions. The official also called for using Friday prayers to convey information to worshipers on government policy on economic development, and for requiring religious leaders to report to authorities at least twice a month.
Campaign to "Weaken Religious Consciousness" Among Ethnic Minority Women and Young People in Ghulja
Authorities have launched a series of talks as part of Communist Party- and government-led propaganda education activities to "weaken religious consciousness and uphold a civilized and healthy life" among ethnic minority women and young people in Ghulja city, Ili Kazakh Autonomous Prefecture, according to a March 18 report on the Fazhi Xinjiang Web site. The talks spread knowledge on legal topics such as the marriage law and thereby "weakened religious consciousness" among ethnic minority women and young people of the whole city, according to the report.
Using Intelligence Networks to Find Illegal Religious Activity in Awat
As part of steps to expand intelligence information networks in Awat county, Aqsu district, authorities have mobilized religious leaders and other groups to expand information gathering activities, according to a March 17 report on the Xinjiang Peace Net. As a result of intelligence leads, authorities have investigated and prosecuted four instances of underground scripture readings, investigated four instances of suspected participation in "illegal religious activity," and stopped one case of "religious interference into matrimony." The report also described two "masked" individuals, in a possible reference to efforts to investigate women wearing full head coverings.
Anti-Separatism Education Against Religion for Teachers in Bortala
A middle school in the Bortala Mongol Autonomous Region organized reeducation activities in the "battle against separatism" that referred to the importance of teachers refraining from participating in any religious activity, according to a January 14 report from the Xinjiang Peace Net. Past reports (1, 2) on measures directed against teachers, who are state employees, indicate such statements include teachers' activities outside of working hours.
Detaining Students Involved in "Illegal" Religious Classes in Lop and Awat Counties
XUAR public security officials reported banning three "illegal" sites of religious instruction in Lop county, Hoten district, and Awat county, Aqsu district, and detaining over 20 people involved as part of efforts to "strike hard" against the activities of the "three forces" and "cults" like Falun Gong, according to a February 3 report from the Xinhua Bingtuan Web site and a March 6 report from the Xinjiang Daily.
For more information on conditions in the XUAR, see Section IV--Xinjiang, in the CECC 2008 Annual Report.
| Source: -See Summary (2009-03-12 ) |
Posted on: 2009-06-24 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=118959 |
Governments in Xinjiang Continue to Sponsor, Sanction Job Recruitment That Discriminates Against Ethnic Minorities
Hiring practices that discriminate against ethnic minorities have continued in the Xinjiang Uyghur Autonomous Region (XUAR), according to Congressional-Executive Commission on China (CECC) monitoring of job recruiting announcements from the past year. The CECC found employment advertisements posted on government Web sites that reserved positions for Han Chinese in civil servant posts, state-owned enterprises, and private posts, indicating direct government involvement in discriminatory practices, as well as implicit government endorsement of and failure to prevent discriminatory practices in private hiring. The practices contravene provisions in the PRC Constitution and in Chinese laws that forbid discrimination. See, for example, Article 4 of the Constitution and Article 9 of the Regional Ethnic Autonomy Law (REAL), both of which forbid discrimination based on ethnicity. Article 12 of the Labor Law and Article 3 of the Employment Promotion Law state that job applicants shall not face discrimination in job hiring based on factors including ethnicity, and Article 28 of the Employment Contract Law states that all ethnicities enjoy equal labor rights. Within this framework of non-discrimination, Article 14 of the Labor Law allows for separate legal stipulations to govern the hiring of ethnic minorities, and Article 28 of the Employment Promotion Law says that employing units shall give appropriate consideration to ethnic minority workers in job hiring. In addition, Article 22 of the REAL provides that ethnic autonomous government agencies shall give appropriate consideration to ethnic minorities in job hiring. Article 28 of the Implementing Provisions for the REAL also provides that ethnic autonomous areas give appropriate consideration to ethnic minorities in the job hiring process for government positions and includes provisions for their participation in higher levels of government.
The job recruitment programs observed by the CECC continue a trend in discriminatory hiring practices in the XUAR reported by the Commission in 2006 and 2005. Recent recruitment programs include:
- Four schools recruiting teachers within the Shihezi municipal education system have reserved all open positions exclusively for Han Chinese, and one school has reserved three of four open positions exclusively for Han Chinese, according to a job announcement issued January 24, 2009, by the Shihezi 8th Division Personnel Bureau, available as a download from the Shihezi Education Net and online from a page posted January 28 by the Shihezi Number 10 Middle School. In total, the positions form 17 of 69 open positions available in schools within the Shihezi education system. The remaining 52 slots are specified as unrestricted by ethnicity and thus are open to applicants of all ethnic groups including Han. On February 6, the Shihezi Personnel Bureau amended the announcement to remove two other hiring restrictions in the job recruitment, according to a February 10 Xinjiang Daily report, but left the restrictions on ethnicity in place.
- Jing (Jinghe) township, in Jing (Jinghe) county, Bayingol Mongol Autonomous Prefecture (XUAR), has advertised 11 open community public welfare positions, 6 of which are reserved for Han Chinese, 1 for an ethnic Uyghur, 2 for ethnic Kazakhs, and 2 for ethnic Mongols, according to a January 16 announcement posted January 21 on the Jing county government Web site. The announcement specifies that ethnic groups including Hui, Manchu, Xibo, and Zhuang may apply for the positions open to Han Chinese.
- The Turpan District Tobacco Monopoly Branch Office is recruiting for two positions, both reserved for Han Chinese, according to an announcement posted January 14 on the XUAR Personnel Department Web site.
- A mining company advertised only for Han Chinese to fill 18 open positions, according to a September 16, 2008, job announcement posted the following day on the Koktoqay (Fuyun) county government, Altay district, Web site.
- A new store advertised for 30 employees, specifying that 20 positions were for Han Chinese and 10 for ethnic minorities, according to a September 4 announcement posted on the Jing county government Web site.
- Job openings publicized as part of government-organized job recruiting activities in Jing county included 17 positions explicitly reserved for Han Chinese, according to a May 16 announcement on the Jing county government Web site. (See also a May 12 description of the job recruiting activities posted May 15 on the same Web site.) Descriptions of the remaining 100-plus positions either did not mention ethnicity or specified that there were no restrictions based on ethnicity. Employers listed appeared to include private employers alongside state-owned enterprises.
- The Aqsu District (XUAR) Human Resources Department visited the Xi'an Jiaotong University in Shaanxi province to recruit personnel for jobs in Aqsu hospitals and an agricultural technology center, reserving 18 of 43 positions for Han Chinese, according to an April 16 posting on the Xi'an Jiaotong University Web site. The Aqsu District Human Resources Department job announcement specified the remaining slots as unrestricted by ethnicity, thereby leaving them open to applicants of all ethnic groups including Han.
The discriminatory recruitment falls among other labor policies and practices in the XUAR that also restrict the job prospects of ethnic minorities. For example, measures to promote Mandarin-focused "bilingual" education in XUAR schools have resulted in language requirements that disadvantage ethnic minority teachers. Such job hiring and labor practices are part of broader policies in the region that also restrict ethnic minority rights. For additional information, see Section IV--Xinjiang in the CECC 2008 Annual Report.
| Source: -See Summary (2009-02-09 ) |
Posted on: 2009-06-10 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=117001 |
TAR Creates March 28 Holiday To Celebrate 1959 Dissolution of Dalai Lama's Government
Deputies to the Tibet Autonomous Region (TAR) People's Congress voted on January 19, 2009, to establish "Serfs Emancipation Day," a public holiday celebrating the March 28, 1959, Chinese government decree that dissolved the Dalai Lama's Lhasa-based Tibetan government, according to two January 19 Xinhua reports (1, 2 (translated in OSC, 22 January 09). Karma (Gama), Vice Chairman of the TAR People's Congress Standing Committee, explained at a January 19 press conference that Premier Zhou Enlai signed the State Council decree on March 28 "declaring a disbandment" of the Tibetan government after "the reactionary clique at the upper levels of Tibet led by the Dalai launched an all-round armed rebellion on 10 March, 1959, aimed at splitting the motherland." Legchog (Lieque), the Chairman of the Standing Committee, said Serfs Emancipation Day would "strengthen Tibetans' patriotism," according to a January 16 Xinhua report. TAR prefectural and county officials have met to "ensure that all people mark the occasion with festivities," according to a January 16 Radio Free Asia (RFA) report filed three days before the holiday was formally established. The report cited a TAR official who asked not to be identified and acknowledged that Tibetans are unwilling to celebrate the anniversary.
On March 10, 1959, tens of thousands of Tibetans in Lhasa gathered outside the Dalai Lama¨s summer residence (the Norbulingka Palace), where he was residing at the time, because they feared a People's Liberation Army (PLA) plot to harm the Dalai Lama, according to biographical information available on the Web site of the Office of His Holiness the Dalai Lama (OHHDL). Tension increased and on March 15 PLA artillery shells struck outside the Norbulingka, according to a chronology on the OHHDL Web site. The Dalai Lama escaped from Lhasa in disguise and under the cover of darkness on March 17, 1959. Earlier that day, PLA artillery shells exploded outside one of the Norbulingka gates, according to the Dalai Lama's autobiography, Freedom in Exile (p. 149). Speaking from India where he lives in exile, the Dalai Lama has on March 10 of every year since 1960 made a formal statement to the Tibetan people. (The Dalai Lama's 1961-2008 March 10 Statements are available on his official Web site.)
Most Tibetan Buddhists regard the Dalai Lama as their spiritual leader despite Party and government campaigns that seek to vilify and discredit him. Tibetan calls for the Dalai Lama to return to Tibet were widespread during the 2008 Tibetan protests (see below). The absence of any progress during the seventh and eighth rounds of the China-Dalai Lama dialogue in 2008 has deepened Tibetan frustration with the Chinese government. (See the Congressional-Executive Commission on China (CECC) 2008 Annual Report; Tibet: Special Focus for 2007 of the 2007 Annual Report; and Section VIII!Tibet of the 2006 Annual Report for more information on the status of negotiations between the Chinese government and the Dalai Lama's representatives, and the Chinese government and Party's anti-Dalai Lama campaign.).
Establishing "Serfs Emancipation Day" and requiring Tibetans to participate in celebrations of the end of the Dalai Lama's government (and, by association, the departure of the Dalai Lama), is provocative at a time of heightened Tibetan sensitivity, possibly increasing further the risks to what Chinese officials call "social stability." March 10 is also the one-year anniversary of the start in Lhasa in 2008 of a cascade of Tibetan protests that by April 2008 had reached across the TAR and the Tibetan autonomous areas located in Qinghai, Gansu, and Sichuan provinces. The protests resulted in a large number of deaths, detentions, and disappearances according to reports by media and non-government organizations, but Chinese government measures to prevent information from leaving China have obstructed a full or accurate accounting of the consequences. The Lhasa Intermediate People's Court handed down seven sentences in October and November 2008 ranging from eight years in prison to life imprisonment to Tibetans who allegedly provided information about events in Lhasa to Tibetan organizations based in India. Chinese officials blamed "the Dalai Clique" for "masterminding" the 2008 protests and rioting, and did not acknowledge the role of rising Tibetan frustration with Chinese policies. (See the CECC 2008 Annual Report for more information on the Tibetan protests and their consequences.)
Some Tibetans living in Tibetan autonomous areas of China intend to express in a passive manner their discontent with developments over the past year, including the death and imprisonment of Tibetan protesters, by foregoing the usual celebration of Losar, the Tibetan lunar New Year (February 25 in 2009), according to the January 16 RFA report, a January 27 International Campaign for Tibet (ICT) report, and a January 29 Washington Post (WP) report. A Tibetan source in Aba (Ngaba) county, located in Aba Tibetan and Qiang Autonomous Prefecture, Sichuan province, told RFA that Tibetans in the county are "observing a year of mourning in memory of those who were killed, tortured, and jailed during the protests in Tibet." The ICT report noted that "many Tibetans posted blogs and comments mostly opposing any celebration" of the New Year. A monk in Qinghai told the WP that instead of celebrating the Tibetan or Chinese New Year, he and other monks would not eat "good food" or set off firecrackers.
Tibetans in Lhasa adopted non-celebration of Losar to express collective dissatisfaction in 1992, the first Tibetan New Year following a 14-month period of martial law imposed on March 8, 1989, after three days of protests and rioting in Lhasa. According to one eyewitness account:"That year, the first day of the Tibetan New Year, called Losar, fell on March 5, the anniversary of the demonstrations in 1988 and 1989. Many Lhasa residents had decided to acknowledge the coincidence of Tibetan New Year and March 5 not by doing, but by not doing. Contrary to tradition, tattered window-awnings, dirty door-hangings, and faded whitewash remained untouched, greeting the New Year with utter cheerlessness." (Steven Marshall, "Prisons in Tibet," in Elliot Sperling, Steven Marshall, Orville Schell, and Mickey Spiegel, Tibet Since 1950: Silence, Prison, or Exile, Aperture and Human Rights Watch (New York: Aperture, 2000), 144-149.
| Source: -See Summary (2009-01-29 ) |
Posted on: 2009-05-10 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=116724 |
State Security Cases From Xinjiang Appear to Surge in 2008
Courts in the Xinjiang Uyghur Autonomous Region (XUAR) completed trials in 2008 for a total of 268 cases involving crimes of endangering state security (ESS), a number that appears to represent a surge over previous years, based on available data. (See analysis below for more details.) The XUAR High People's Court announced the number of cases during a report made at a January 9, 2009, meeting of the XUAR People's Congress, according to a January 10 report on the Xinhua Xinjiang Web site. Crimes of ESS (also translated as "endangering national security") are defined in articles 102-113 of the Chinese Criminal Law to include acts such as separatism, espionage, and armed rebellion. Many of the ESS crimes carry the possibility of life imprisonment and capital punishment. The apparent rise in ESS cases came during a year in which authorities implemented harsh security measures throughout the XUAR amid preparations for the Beijing 2008 Summer Olympic Games and protests in Uyghur and Tibetan areas of China. The figure's release also comes after limited official reports in 2008 of terrorist activity in the region, although the figure may not reflect all cases of alleged terrorism pursued by authorities. In December, a XUAR court found that two men had engaged in terrorist activity earlier in the year and sentenced them to death for "intentional homicide" and "illegally producing guns, ammunition and explosives," crimes outside the ESS category. See December 17 Xinhua reports in English and Chinese (via Xinjiang Peace Net) for more information. In 2008, procuratorate offices in the XUAR capital of Urumqi approved arrests of 133 people in 51 cases involving crimes carried out by the "three forces," including ESS crimes along with other "crimes of serious violence" such as carrying out explosions, murder, plunder, and kidnapping, according to a January 23 report from Urumqi Online. The government uses the term "three forces" to designate what it deems as terrorist, separatist, and "extremist" threats to the region's stability. The Urumqi Online article reported that the number of cases and people involved represented increases of 64.5 percent and 75 percent, respectively.
Official information on the number of completed ESS trials in the XUAR follows data released in December 2008 showing that, as of November 2008, XUAR procuratorate offices had issued indictments in 204 such cases that year, involving 1,154 people, according to a Procuratorial Daily report posted January 4 on the Xinjiang Peace Net. In total, the procuratorates approved the arrests of 1,295 people suspected of ESS crimes as of November, according to the report. The information on the total number of ESS trials concluded in 2008 did not include the number of people involved.
Number of People Indicted in the XUAR Eclipses Nationwide Totals for Previous Years, Trial Figures Appear to Surge
The XUAR ESS indictment figures for January through November, 2008, are almost as high as nationwide ESS indictment totals in 2007 in terms of number of cases involved and are approximately double in terms of individuals involved. The number of people indicted in the XUAR is also double or more the number of people indicted nationwide in 2006 and 2005. In 2007, procuratorates nationwide issued indictments in 231 cases involving 619 people, according to China's National Bureau of Statistics (NBS) figures for that year. The previous year, there were indictments nationwide in 258 cases involving 561 people, according to NBS figures for 2006. The figure in 2005 was 185 cases and 349 individuals, according to a compilation of national data on arrests, indictments, and trials in The Dui Hua Foundation's Winter 2009 Dialogue Newsletter. Available data, including a comparison with total numbers of ESS cases tried nationwide in the past five years through 2007 (see The Dui Hua Foundation's compilation of figures) and information from the XUAR on ESS cases accepted by XUAR courts since 2003, also suggests that ESS trial figures in the XUAR in 2008 may have increased significantly from previous years. The head of the XUAR High People's Court reported in 2007 that since 2003, the XUAR court system has accepted an average of roughly 150 ESS cases per year, according to an August 14, 2007, article from the Xinhua Xinjiang Web site.
XUAR Justice System Places Stability "Above All Else"
The apparent surge in ESS cases from the XUAR comes amid information from XUAR procuratorate and court officials emphasizing their offices' roles in upholding stability. The January 4 Procuratorial Daily article reported, "Since 2008, all levels of the XUAR procuratorate have from start to finish taken safeguarding social stability as the utmost political task for strengthening legal supervision." The January 23 Urumqi Online article used similar language to describe procuratorial work in that city. At a meeting on "struggle against separatism" reeducation held by the XUAR procuratorate on December 1, a procuratorial official called on officials to recognize that stability "is above all else," according to a December 3 article from the Xinjiang Legal Daily. In August 2008, the head of the XUAR High People's Court "said [that XUAR courts] at all levels will always maintain high vigilance against ethnic separatism and illegal religious activities to safeguard the motherland's unity and national security and will give top priority to the trial of crimes endangering national security," according to a description of his remarks reported in an August 15, 2008, China News Service article (via Open Source Center, subscription required).
For more information on conditions in the XUAR, see section IV--Xinjiang in the CECC 2008 Annual Report.
| Source: -See Summary (2009-01-15 / English) |
Posted on: 2009-04-16 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=116338 |
Propaganda Officials Censor Coverage of Beijing Fire
Propaganda officials in Beijing ordered Chinese Web sites to delete blogs and discussion groups about a fire at a hotel under construction on the grounds of China Central Television's (CCTV) headquarters that began on the evening of February 9, 2009, according to a February 11 Los Angeles (LA) Times article. The officials also ordered Chinese media not to publish photos, videos, or in-depth reports about the fire, which took place in Beijing, and to run only official stories issued by the Xinhua News Agency instead of their own reports, the article said. Other foreign and Hong Kong media reported the existence of a propaganda order whose description closely matches the description in the LA Times article, including a February 11 Agence France-Presse (AFP) report (via Straits Times), a February 11 Times of London report, a February 10 New York Times (NYT) report, and a February 10 Apple Daily (Hong Kong) report (subscription required).
The fire, which reportedly began at 8:27 pm, quickly engulfed the 30-story hotel, and was allegedly caused by an illegal fireworks show arranged by CCTV employees for the last day of China's Lunar New Year holiday, according to a February 11 Xinhua article. The timing of the propaganda order is unclear. Apple Daily, citing the Hong Kong-based Information Centre for Human Rights and Democracy, reported that at 11:15 pm on the night of the fire, the Network News Management Department of the Beijing Municipal Internet Propaganda Management Office under the Beijing Municipal Government issued the propaganda order. LA Times reported that by the next morning the "Beijing propaganda ministry" issued the order.
The impetus behind the order is also unclear, although a flood of comments on the Internet after the fire reflected public anger toward CCTV and may have prompted the order, according to AFP and LA Times. LA Times reported that the fire "laid bare simmering anger and resentment toward the network both for spending public money on grand construction projects and for continuing to broadcast government propaganda." The state-run CCTV is China's sole national television network and reaches more than a billion viewers, according to an August 21, 2008, NYT article. According to the network's Web site, CCTV serves as "an important mouthpiece for the Communist Party, government, and people."
Propaganda officials, led by the Communist Party's Central Propaganda Department (CPD), frequently issue orders to Chinese media intending to ensure that news coverage is consistent with the Party's political agenda. Prior to last year's Beijing Olympics, propaganda officials issued a number of orders to journalists, banning coverage of politically sensitive topics such as food safety issues and directing them on how to cover controversies arising before and during the Olympics. In December 2008, the CPD reportedly issued two orders instructing domestic news organizations to stop reporting on a CCTV reporter who had been arrested at her home in Beijing by officials from Shanxi province and to run only Xinhua versions of the story, according to a December 12 South China Morning Post (Hong Kong) article (subscription required). Propaganda officials often direct media to run only Xinhua stories following events deemed politically sensitive. Xinhua is an institution directly under the control of the State Council, China's central government, according to the Central People's Government of the People's Republic of China's Web site. In January 2009, top Party officials said the propaganda agenda for 2009 would focus on safeguarding economic development and social stability.
Reporting by Xinhua and other official outlets appeared to dominate initial coverage of the fire although news outlets were observed later to publish their own photos and stories. State media did not report the fire until 10 pm, with Xinhua leading the way with just a one-sentence brief, according to a February 12 South China Morning Post article (subscription required). (According to Xinhua's Web site, at 10:07 pm the news agency issued a one-sentence story and at 10:14 pm published several photos.) According to the Beijing Youth Daily's Web site, the paper posted pictures and a brief story from the official Chinanews.com on February 9. Early on February 10, the paper published its own story that reported similar content as Xinhua reports printed elsewhere (see, e.g., February 10 Beijing Daily article), including the report that top Chinese officials, among them CPD Director Liu Yunshan, had rushed to the scene. On February 11, the paper issued a lengthier report including its own photos. The extent to which such reporting was consistent with the propaganda order reported here or other orders not known to the public is unclear. A previous Congressional Executive Commission on China analysis reported that in May 2008 many Chinese journalists ignored an order prohibiting them from traveling to Sichuan province to cover an earthquake.
The geographic scope of the order is also unclear. In Beijing, residents had difficulty finding images of the fire in the city's newspapers, on the Internet, or on television, according to the February 10 NYT article. Outside of Beijing, however, "photos and giant headlines about the fire were splashed across the front pages of newspapers throughout the country," according to a February 10 report on the Danwei Web site, which issues commentary on media, advertising, and urban life in China.
For more information on the Chinese government and Party's censorship of Chinese media, see Section II - Freedom of Expression, in the Congressional-Executive Commission on China 2008 Annual Report.
| Source: -See Summary (2009-02-17 ) |
Posted on: 2009-03-12 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=117628 |
Officials' Early Response to Unemployment and "Social Unrest" During Downturn
Since late 2008, Premier Wen Jiabao and other high level officials have made public statements acknowledging rising unemployment in China and the new challenges to "social stability" posed by unemployed migrant workers, according to a January 28 BBC report and a February 2 Financial Times report. (For more discussion of "social stability" and "social unrest," see the Preface and General Overview in the Congressional-Executive Commission on China 2008 Annual Report.)
Lower Economic Growth and Higher Unemployment
Chinese officials have stressed that 8 percent is the minimum needed to create enough jobs to avoid unrest, according to a January 29 Economist report. The latest economic figures may add to the leadership's concern. China's gross domestic product (GDP) growth rate slowed to 6.8 percent in the fourth quarter of 2008, marking the lowest growth rate since 2002, according to a January 22 China Daily report citing an official from China's National Bureau of Statistics.
Among the challenges associated with the downturn, two issues related to employment--migrant workers' returning home and employment of college graduates--remain the most worrisome to Chinese leaders despite new measures to sustain economic growth and restrain inflation, as Premier Wen Jiabao has indicated, according to a December 20, 2008, China News report. According to Wen, employment of college graduates is a top priority for the government because 6.5 million college graduates are expected to join the workforce in 2009, and even if China's economy attains the 8 percent target growth rate in 2009, it can provide at most 9 million jobs.
Furthermore, an estimated 20 million migrant workers throughout China either have lost jobs or returned home without employment due to the global financial crisis, according to Chen Xiwen, a rural issues expert who serves as director of the Office of the Central Leading Group on Rural Work and deputy director of the Office of the Central Leading Group on Finance and Economics, as quoted in a February 2 Caijing report. Chen also stated that unemployment among migrant workers may deteriorate during the first half of 2009 before the financial crisis "hits the bottom."
Concern over "Social Unrest"
In response to rising unemployment among migrant workers and the possibility of "mass incidents" related to social problems exacerbated by the economic downturn, the government has issued new policies, including the State Council Circular Regarding Handling Current Migrant Worker Affairs (State Council Circular) on December 20, 2008, PRC Central People's Government Opinions Regarding Promoting Agricultural Development and Increasing Farmers' Income (Or the so-called "No. 1 Document") on December 31, 2008, and Guiding Opinion Regarding Handling Current Economic Situation and Stabilizing Labor Relations on January 23, 2009. These three documents place emphasis on migrant workers, farmers, and laborers respectively, but they all make reference to "maintaining social harmony and stability" during the financial crisis.
Labor disputes nearly doubled in the first 10 months of 2008 compared to the same period of 2007, according to Wang Shenqjun, president of the Supreme People's Court, as quoted in a December 22, 2008, Radio Free Asia report. The Sunday Times documented numerous protests by farmers, factory workers, and teachers against their employers and government offices in Guangdong, Zhejiang, and Jiangsu provinces in December 2008 and January 2009, according to its February 1, 2009, report.
Officials have identified sensitive issues such as confiscation of rural land, environmental pollution, citizen relocation and resettlement, and handling of collective properties that may trigger "mass incidents," according to a February 2, 2009, Xinhua report. In response to a question regarding how local governments should handle protests, Chen Xiwen explained:"If 'mass incidents' happen, leaders at all levels must be at the front line to explain to the people and persuade them face-to-face. Leaders cannot hide behind public security or the police, thus causing conflicts. Except for those unfortunate situations where there is beating, attacking, robbing, or burning, in principle, no police should be deployed. Leaders at all levels should go to the front line to solve problems." Chen also cited 'mass incidents' in Guizhou and Yunnan provinces in 2008 as examples of local authorities' "poor handling" of protests and harming the people's interests as a result.
Migrant Workers and Hukou
The economic downturn, the concern over unemployed migrant workers, and official unease about "social unrest" also have rekindled discussion of how to implement long-term protections for migrant workers effectively, and of the possible abolition of the household registration (hukou) system. (For a discussion of China's household registration system, see section II--Freedom of Residence in the CECC 2008 Annual Report, including the Addendum: Recent Hukou Reforms (pp. 105-112); for a broader retrospective, see also the CECC October 2005 CECC topic paper on China's household registration system, and a chart on Chinese Hukou reforms as of 2004.)
China has 950 million citizens who hold rural hukou, including 130 million migrant workers who have rural hukou but work and live in urban areas, according to a January 19, 2009, Caijing report. Migrant workers without urban hukou are more vulnerable to exploitation. The economic downturn risks "amplifying rights violations" linked to China's discriminatory hukou system, which denies migrant workers the social welfare benefits available to those who hold urban hukou, according to a Human Rights Watch statement on January 23. Many unemployed migrant workers without urban hukou choose to return home after losing jobs. However, disputes occur when migrant workers return home to find that their land has been either "collectively contracted" without their consent by local officials for other commercial purposes or contracted to other farmers, according to the January 19 Caijing report. For the longer-term protection of migrant workers and to prevent "social instability," experts have called for accelerating hukou reforms that would allow migrant workers to integrate fully into the urban system, according to a January 25, 2009, Xinhua report, and Caijing reports on December 18 and 23, 2008.
For more information on the economic downturn and "social instability," see a previous CECC analysis: Officials To Strengthen Security Before Anniversaries and During Economic Downturns.
| Source: -See Summary (2009-02-19 / English) |
Posted on: 2009-03-12 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=117063 |
Chengdu Court Postpones Trial of Activist Huang Qi
The Wuhou District People's Court in Chengdu, Sichuan province, postponed the trial of rights activist Huang Qi after initially notifying Huang's wife and his lawyer on February 2, 2009, that the trial would be held the next day, according to February 2 articles in the Washington Post (WP) and Associated Press (AP, via WTOP.com). Huang's wife, Zeng Li, said the court called her twice on February 2, first informing her of the trial date on the next day, and later telling her the date had been postponed and that she would receive three days' notice before the trial. No new date has been announced. Huang, founder of the rights advocacy Web site, 64tianwang.com, has been detained since June 2008 on charges of illegally possessing state secrets. Prior to his detention, Huang had traveled to areas affected by the May 2008 Sichuan earthquake and posted articles on his Web site about demands by parents for compensation and an investigation into school collapses that killed thousands of children.
The court's original one-day notice would have violated Chinese law had it been carried out. Article 151(4) of the Criminal Procedure Law (CPL) requires the court to notify the defendant's counsel and representatives no later than three days before the opening of the court session. Furthermore, Article 151(2) requires the court to deliver the indictment to the defendant no later than 10 days before the opening of a court session. One of Huang's lawyers, Mo Shaoping, called the one-day notice "a totally illegal process," according to the AP article. According to Mo, the judge blamed the short notice on difficulties reaching Huang's lawyer and family. Mo and Zeng told AP that their addresses and phone numbers were contained in court documents. Moreover, Zeng said she had been trying to reach the court for weeks to no avail. Prosecutors and court officials told WP they were not permitted to speak to foreign media, and the AP's calls to the court on February 2 went unanswered.
The underlying activity giving rise to the state secrets charge is unclear. Mo told Agence France-Presse (AFP) last September that authorities had questioned Huang about interviews he conducted while visiting areas affected by the Sichuan earthquake, according to a September 24 AFP article. "They also asked him about issues regarding his charge of illegally possessing state secrets," Mo told AFP. Mo was not able to disclose further information about the state secret Huang is alleged to have possessed. The Chinese government takes a broad interpretation of what constitutes a state secret that potentially includes essentially any matter of public concern. "There's an expansive definition of state secrets, and the problem is it cannot be challenged, and very often the courts don't see the documents that are allegedly state secrets," Nicholas Bequelin, a China researcher for Human Rights Watch, told the New York Times in a February 2 article about Huang's case. "There's no mechanism under Chinese law to challenge something that the prosecution says is a state secret. So basically, if you're charged with state secrets, it's unlikely you can shake the charges," Bequelin said. Furthermore, by alleging that a defendant's case involves state secrets, authorities may deny the defendant access to a lawyer. In a March 10, 2006, report (searchable by date on the United Nations Office of the High Commissioner for Human Rights Web site) based on visits to China, the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment noted that China's vaguely defined crimes of endangering state security, splittism, subverting state power, and supplying state secrets left "their application open to abuse particularly of the rights to freedom of religion, speech, and assembly," and recommended the abolition of such "political crimes."
Plainclothes police took Huang into custody on June 10, 2008. Chengdu public security officials formally arrested him on July 18 on the state secrets charge. Under Article 96 of the CPL, lawyers in state secrets cases must obtain the approval of investigating authorities before meeting with a client. Mo was not able to meet with Huang until September 23, according to the September 24 AFP article. Huang's lawyers have criticized their lack of access to the police's evidence and case files, according to the AFP article and a November 12 Radio Free Asia (RFA) article (in Chinese). According to the RFA article and a November 14 Voice of America (VOA) article (in Chinese), prosecutors have returned the case to police for supplementary investigation on two occasions, the second occurring in November. VOA quoted one of Huang's lawyers as saying the supplementary investigations indicated that the state's evidence was insufficient.
Huang previously served a five-year sentence from 2000 to 2005 for "inciting subversion of state power." The court in that case cited articles Huang posted on his Web site dealing with topics such as "democracy," "June 4," and "Falun Gong."
For more information on Huang's case, please see his record of detention, searchable through the Congressional-Executive Commission on China's Political Prisoner Database.
| Source: -See Summary (2009-02-06 ) |
Posted on: 2009-03-12 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=117139 |
Top Officials Say Propaganda in 2009 To Focus on Economy and Stability
In early January 2009, top Chinese Communist Party officials outlined a propaganda agenda for the year that focuses on safeguarding economic development and social stability. Li Changchun, a member of the Party's Politburo Standing Committee, and Liu Yunshan, Director of the Party's Central Propaganda Department (CPD), a department responsible for censorship of China's media, outlined the agenda during the National Propaganda Directors' meeting in Beijing on January 4-5, according to a January 5 Xinhua article.
- Saying there had been "new, complex changes in the domestic and international situation," Li named safeguarding "economic development" and "social stability" as two of the four most important tasks for the year. Li told officials to improve their guidance of public opinion. They should provide "a favorable public opinion environment for maintaining the calm, steady, and relatively fast development of the economy and society," "vigorously promote social stability," and "maintain the favorable situation of unity, harmony, and stability," Li said. He also said that officials should "vigorously highlight that the Communist Party is good, socialism is good" and promote the celebration of the 60th anniversary of the founding of the People's Republic of China.
- Liu announced a "concrete agenda for propaganda, ideological, and cultural work in 2009" that included "integrating a heightened sense of crisis with shoring up confidence" and "integrating insistence on positive propaganda with defusing public emotion." He also said that officials should "seize the critical links" to promote propaganda overseas and through the press, and literature and art publications.
Li and Liu's statements regarding the direction of the Party's propaganda agenda are in line with concerns expressed recently by other Chinese officials over increasing "social unrest" in 2009, amid the country's economic downturn and the run-up to several significant anniversaries. Propaganda officials had already received instructions to put a positive spin on China's economy. In November 2008, Liu Yunshan called on them to prioritize "economic propaganda work," with "positive propaganda" as their guiding principle.
Propaganda officials, led by the CPD, monitor and censor domestic news to ensure consistency with the Party's political agenda. Li and Liu's statements may indicate the targets for censorship this year. Over the last several months, officials have targeted a number of news organizations for economic reports perceived to be "negative." - The Hong Kong-based Information Centre for Human Rights and Democracy reported that authorities in Shanxi province suspended two journalists and two editors for producing a television episode on the potential bankruptcy of a Linfen textile mill and the uncertain future of the mill's 6,300 workers, according to a January 6 Associated Press/Kyodo article (via Breitbart.com) and a January 6 Radio Free Asia article. The episode, which was to air on the program "Concern" [Guanzhu] in December 2008, was never broadcast after Linfen officials reviewing the episode canceled the program for "serious political error." The clips reportedly showed workers protesting at the Linfen government building.
- In September 2008, the Inner Mongolia Press and Publication Bureau ordered the three-month suspension of the China Business Post after it published a report in July critical of the Agricultural Bank of China, which at the time was preparing for a stock offering.
- In September 2008, propaganda officials ordered major financial Web sites to remove "negative" reports regarding China's stock markets, according to a September 10 South China Morning Post article (subscription required).
The Party's propaganda agenda does not mean that China's state-controlled media will entirely avoid stories relating to the economic downturn. China's media, for example, have reported on the government's acknowledgement of rising unemployment and slowing economic growth (see, e.g., a February 2, 2009, Caijing article, on a government official's estimates that 20 million migrant workers are unemployed, and a January 22, 2009, China Daily article, on the decrease in GDP growth in the fourth quarter of 2008). Such stories are not necessarily inconsistent with the Party's agenda. Commentators have noted that the Internet has forced government officials to respond more quickly and openly to news developments in order to maintain control of the agenda, according to a November 18, 2008, Bloomberg report (reprinted in International Herald Tribune).
For more information on how the Chinese government and Party censor China's media, see Section II - Freedom of Expression, in the Congressional-Executive Commission on China 2008 Annual Report.
| Source: -See Summary (2009-02-05 ) |
Posted on: 2009-03-12 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=117025 |
Uyghur Historian Released From Prison
Uyghur historian Tohti Tunyaz completed his 11-year sentence for "inciting splittism" and "unlawfully obtaining state secrets" on February 10, 2009, according to information accessible to the public in the Congressional-Executive Commission on China (CECC) Political Prisoner Database, and he has since been released from prison, according to February 10 reports from the Sankei and Mainichi (via Yahoo) newspapers, based on information from sources close to the case. According to the reports, after being met by his sister at the prison in Urumqi, Xinjiang Uyghur Autonomous Region (XUAR), Tohti Tunyaz traveled to a relative's home. The Sankei report said it is unclear whether Tohti Tunyaz will be allowed to return to Japan, where he had previously lived. According to the Mainichi report, his wife and two children reside in Japan.
As noted in the CECC Political Prisoner Database, on February 11, 1998, Chinese authorities detained Tohti Tunyaz, an ethnic Uyghur citizen of China based at Tokyo University in Japan, while he was visiting the XUAR to conduct research on Uyghur history. On March 10, 1999, the Urumqi Intermediate People's Court sentenced him to 11 years¨ imprisonment for "inciting splittism" and "unlawfully supplying state secrets to entities outside China," crimes under Articles 103 and 111 of the Criminal Law. On February 15, 2000, the Xinjiang High People's Court rejected his appeal, but it changed the charge of "unlawfully supplying state secrets" to foreign entities to the charge of "unlawfully obtaining state secrets," a crime under Article 282 of the Criminal Law. Sources close to the case said the alleged "state secrets" were a list of documents from an official librarian and sources said that Tohti Tunyaz had not published a separatist book, though the trial court alleged he had. On May 17, 2001, the UN Working Group on Arbitrary Detention found his imprisonment to be arbitrary and in violation of his right to freedom of thought, expression, and opinion (decision via University of Minnesota Human Rights Library). Tohti Tunyaz served his sentence in the Xinjiang Number 3 Prison in Urumqi.
Authorities in the XUAR continue to hold other Uyghurs in detention for exercising their right to free expression, based on information accessible to the public in the CECC Political Prisoner Database. Cases include:- Miradil Yasin and Mutellip T└yip. Xinjiang University (XU) security staff detained Miradil (Mir'adil) Yasin and Mutellip T└yip on December 20, 2008, for distributing leaflets on campus calling on students to hold a demonstration. XU staff notified public security offices, which took the two young men into detention.
- Mehbube Ablesh. An employee in the advertising department at the Xinjiang People's Radio Station, Mehbube Ablesh was fired from her job in August 2008 and detained in apparent connection to her writings for the Internet that were critical of government policies, including "bilingual" education.
- Nurmemet Yasin. A XUAR court sentenced writer Nurmemet (Nurmuhemmet) Yasin to 10 years in prison in 2005 for "inciting splittism'' after he wrote a story about a caged bird who commits suicide rather than live without freedom. Korash Huseyin, chief editor of the journal that published Nurmemet Yasin's story, received a three-year sentence in 2005 for "dereliction of duty." Korash Huseyin completed his sentence in February 2008 and is presumed to have been released from prison.
- Abdulla Jamal. Authorities arrested teacher Abdulla Jamal in April 2005, after he submitted for publication a manuscript that authorities claimed incited separatism. The arrest followed his detention a month earlier, along with the detention of 3 other teachers and 17 or 18 students, ostensibly for involvement in a fight between ethnic Uyghur and Han Chinese students.
- Abdulghani Memetemin. A XUAR court sentenced journalist Abdulghani Memetemin to nine years' imprisonment in 2003 for providing information on government repression against Uyghurs to an overseas organization that reports on human rights abuses in the XUAR. Authorities characterized this act as "supplying state secrets to an organization outside the country."
The CECC reported in its 2008 Annual Report that repression in the XUAR increased in 2008 amid preparations for the 2008 Beijing Summer Olympic Games, limited official reports of terrorist activity, and protests among Uyghurs and Tibetans in China. Authorities implemented harsh security measures, especially among the ethnic Uyghur population, including wide-scale detentions, inspections of households, restrictions on Uyghurs' domestic and international travel, restrictions on peaceful protest, and increased controls over religious activity and religious practitioners. The government also continued to strengthen policies aimed at diluting Uyghur ethnic identity and promoting assimilation. Since publishing its 2008 Annual Report, the CECC has observed a continuation of harsh security measures and policies that place assimilation pressures on ethnic minorities.
For additional information about conditions in the XUAR, see the CECC 2008 Annual Report.
| Source: -See Summary (2009-02-03 ) |
Posted on: 2009-03-12 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=116781 |
Restrictions on Information Access in Tibetan Areas Increase
Internet and cell phone text messaging services in Tibetan areas of western China reportedly have been disrupted, according to a March 10, 2009, Associated Press (AP) article and a February 22, 2009, Reuters article. While access to the Tibet Autonomous Region (TAR) itself has remained severely restricted, foreign journalists recently reported greater harassment in Tibetan areas in neighboring provinces outside the TAR, according to a March 9 statement of the Foreign Correspondents Club of China (FCCC), an association of Beijing-based journalists. The communications disruptions and harassment of foreign journalists coincide with a series of dates that many Tibetans consider to have a high level of cultural and political sensitivity, and have made it difficult to access and verify information about reported increases in security measures implemented by Chinese officials, and the impact of such measures on Tibetans and other residents in those areas.
AP reported that Internet and cell phone text messaging services in the region were "spotty" and that residents of Lhasa, the capital of the TAR, had received a text message from cell phone service provider China Mobile warning of disruptions to phone calls and text messages between March 10 to May 1 "due to networks improvements." A China Mobile customer service representative reportedly confirmed the message's existence to AP. The Reuters article reported that unnamed residents across the region said they were not able to send or receive text messages or to access the Internet. Chinanews.com, an official state news agency, said that cell phones were operating normally in Lhasa and cited reports from cell phone stores in Lhasa that there had been no noticeable rise in complaints about cell phone users not being able to dial out or receive text messages, according to a March 10 article
The popular Tibetcul.com Web site reportedly has been shut down since the afternoon of March 5. According to a March 5 statement on the Web site and a March 7 Reuters article, the Web site closed for repairs on March 5 and would be inoperable for about a week. The site featured news from China's state-controlled media as well as cultural and Buddhist content, according to the Reuters article.
FCCC's March 9 statement urged the Chinese government to "halt a wave of detentions of journalists and open Tibetan areas for news coverage." The association reported that in the previous week officials detained, turned back, and confiscated the tapes of, reporters from at least six media organizations attempting to visit Tibetan areas in the provinces of Gansu, Sichuan, and Qinghai. Under foreign reporting regulations issued in October 2008, foreign reporters are generally allowed to report without restrictions, although officials made clear at the time that foreign reporters would still require special permits to travel to the TAR. FCCC reported that in the recent instances officials gave no legal basis for the restrictions outside the TAR. AP reported on February 12 that local officials have been barring foreigners not only from the TAR, but from other parts of western China with large Tibetan populations. Furthermore, on March 11 AP reported that the travel ban had been extended to Jiuzhaigou valley in Sichuan province. Jampa Phuntsog (Xiangba Pingcuo), Chairman of the TAR government, recently described the conditions foreign reporters should meet in order to be allowed into the TAR, saying that the TAR's "door is always open" to foreign journalists "as long as the reporters conduct their coverage in a just and objective way that is conducive to Tibet's social and economic development," according to a March 6 Xinhua report.
The FCCC statement also said that the journalists reported official intimidation of their Chinese co-workers, with one suggesting that officials were targeting Chinese counterparts who could not benefit from any protection the new regulations might afford.
The series of sensitive dates in 2009 includes the Tibetan New Year (Losar) on February 25, the fiftieth anniversary of March 10, 1959, the date when tens of thousands of Tibetans in Lhasa gathered outside the Dalai Lama's Norbulingka residence because they feared a People's Liberation Army plot to harm him, and the first observance of "Serfs Emancipation Day" on March 28, a government-established holiday marking the end of the Dalai Lama's government. Officials in Lhasa, the capital of the TAR, have launched a "strike hard" anti-crime campaign involving stepped up checks on residents. Foreign media accounts of the period note an increase in police and military presence in Tibetan areas, but that verifying the situation is difficult. (See, e.g., March 10 AP article). Similar communications disruptions and harassment of foreign journalists were evident following a series of protests in Tibetan areas that began on March 10, 2008, in Lhasa and spread to the Tibetan areas of Sichuan, Gansu, and Qinghai provinces. (For CECC analysis of these protests, click here.)
For more information on the Chinese government's attempts to control media coverage and access to information about the Tibetan protests in 2008, see Section II - Freedom of Expression, in the Congressional-Executive Commission on China 2008 Annual Report.
| Source: -See Summary (2009-03-11 ) |
Posted on: 2009-03-12 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=118912 |
Chinese Government Mandates "Ethnic Unity Education" to Promote Party Policy on Ethnic Groups
The Chinese government has directed schools throughout the country to implement "ethnic unity education," in a stated effort to promote Communist Party policy on ethnic minorities. The trial Guiding Program on Ethnic Unity Education in Schools, issued November 26, 2008, by the Ministry of Education and State Ethnic Affairs Commission (SEAC) and publicized in December (see a December 15 Xinhua report on the Central People's Government Web site), calls for "ethnic unity education" starting in grade three of elementary school and extending to high school and vocational schools. Describing work to promote ethnic unity as an "inevitable demand" for strengthening "socialist ethnic relations" and safeguarding stability and unification of the country, the program requires schools to guarantee teaching 10-12 hours a year of "ethnic unity education" in elementary and junior high school, 8-10 hours in high school, and 12-14 hours at the vocational school level. The content of the classes, which must use government-approved teaching materials, includes general information on China's ethnic groups and adds a focus on issues including "safeguarding the unification of the motherland" and "opposing separatism" starting in the upper levels of elementary school. Students in high school also study other multiethnic countries and learn the "superiority of the Communist Party's and [Chinese] state's ethnic minority policy." The "ethnic unity education" curriculum also includes topics such as the state's "guarantee of ethnic minorities' freedom of religious belief" and their rights to "preserve and reform" their customs and "use and develop" ethnic minority languages.
The November 2008 program comes after Tibetans and Uyghurs held demonstrations earlier in the year challenging the Chinese government's ethnic minority policies, though the program also builds on earlier efforts to promote ethnic unity education. (For more information, see previous CECC analyses on the Tibetan and Uyghur demonstrations. For information on older central and local government attention to the promotion of "ethnic unity education," see, for example, article 6 of the 1995 Education Law, a 2004 report on the Tonghai county, Yunnan province, government Web site, and a 2005 report (estimated date) from the Henan province Ethnic Affairs Commission Web site.) The Uyghur and Tibetan demonstrators in 2008 had protested issues including government restrictions on religious practice and controls over cultural expression. Following the demonstrations, local governments in Uyghur and Tibetan areas have reported on wide-scale education campaigns in local schools that include focus on "ethnic unity" and anti-separatism. (See a previous CECC analysis for more information on campaigns in the Xinjiang Uyghur Autonomous Region. For information on campaigns in Tibetan areas, see, e.g., an April 30, 2008, report on the Tibet Autonomous Region government Web site and a June 27 report on the Lhasa municipal government Web site.)
The program also comes amid central government statements emphasizing the broad promotion of ethnic unity. See, e.g., a November 4 report on the Central People's Government Web site, a December 24 Xinhua report, and a December 31 People's Daily report by the SEAC Leading Party Group (via Xinhua).
For more information on conditions for ethnic minorities in China, see Section II--Ethnic Minority Rights, Section IV--Xinjiang, and Section V--Tibet, in the Congressional-Executive Commission on China 2008 Annual Report, as well as the Special Focus on ethnic minorities in the 2005 Annual Report.
| Source: -See Summary (2008-12-19 / English) |
Posted on: 2009-02-03 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=115663 |
Lhasa Court Sentences Tibetans for Sharing Information With "The Dalai Clique"
A Communist Party-run newspaper has provided the first detailed information about Tibetans convicted and sentenced to terms of imprisonment for nonviolent activity that authorities link to rioting on March 14, 2008, in and near Lhasa, the capital of the Tibet Autonomous Region. The November 8, 2008, Lhasa Evening News (LEN) report asserted that the defendants had "endangered state security." China's state-run media has previously provided legal process information about the cases of only a few dozen Tibetan "rioters," but almost no information about the large but unknown number of Tibetans believed to have been detained in connection with peaceful protest activity. (See the CECC 2008 Annual Report for more information on the 2008 Tibetan protests and their consequences.)
The LEN article (translated in a December 22 International Campaign for Tibet report) described "four 'March 14 incident' cases" involving a total of seven Tibetans who allegedly provided information ("intelligence") to Tibetan organizations based in India that are part of what the Chinese government and Communist Party refer to collectively as "the Dalai Clique." The report did not, however, mention the Dalai Lama himself or provide any information directly linking any of the four cases to the March 14 protests and rioting. The Lhasa Intermediate People's Court sentenced one Tibetan to life imprisonment and six Tibetans to fixed terms of imprisonment ranging from 8 to 15 years on charges of "espionage" (Criminal Law, Article 110) or "illegally sending intelligence abroad" (Article 111).
The court accused six of the defendants of activity "concerning the security and interests of the state" and one defendant of activity "harming the security and interests of the state," according to the LEN report. China's Constitution (Article 54) states that Chinese citizens "must not commit acts detrimental to the security, honor, and interests of the motherland." The Criminal Law chapter on "Crimes of Endangering National Security" (Articles 102-113), however, mentions the ^security ̄ of the state only once (Article 102) and only with respect to colluding with a "foreign State," a description that is not applicable to "the Dalai Clique." The chapter does not mention the "honor" or "interests" of the state or link them to specific crimes. As a result, law enforcement and judicial officials exercise broad discretion in identifying and punishing behavior that they deem to "concern" or "harm" China's security, honor, and interests. The table below summarizes the information provided in the LEN report.
Lhasa Intermediate People's Court: Punishing Tibetans for Sharing Information With "The Dalai Clique"
Pinyin Name
Tibetan Name | Alleged Activity
| Criminal Charge
| Criminal Law
| Sentence Date
| Sentence Length | | Wangdui
Wangdu | Copied "splittist" CD-ROMs and leaflets; sent "intelligence" to "the Dalai Clique"
| "Espionage" | Art. 110 | October 27, 2008 | Life imprisonment | | Mima Dunzhu
Migmar Dondrub | Distributed "splittist" CD-ROMs and leaflets; sent "intelligence" to "the Dalai Clique"
| "Espionage" | Art. 110 | October 27, 2008 | 14 years | | Pingcuo Duojie
Phuntsog Dorje | "Collected intelligence;" "illegally sent intelligence abroad [to "the Dalai Clique"] via Wangdu" | Unlawfully provided "intelligence" to an organization or individual outside of China | Art. 111 | October 27, 2008 | 9 years | | Ciwang Duoji
Tsewang Dorje | "Collected intelligence;" "illegally sent intelligence abroad [to "the Dalai Clique"] via Wangdu" | Unlawfully provided "intelligence" to an organization or individual outside of China | Art. 111 | October 27, 2008 | 8 years | | Suolang Zhaba
Sonam Dragpa | Joined "the Dalai Clique's 'Tibetan Youth Congress';" collected and sent "intelligence" to the TYC | Unlawfully provided "intelligence" to an organization or individual outside of China | Art. 111 | October 27, 2008 | 10 years | | Yixi Quzhen
Yeshe Choedron | Received "financial aid" from "the Dalai Clique's 'Security Department'" for providing "intelligence and information" | "Espionage" | Art. 110 | November 7, 2008 | 15 years | | Suolang Cidian
Sonam Tseten | Collected and provided "intelligence" to "the Dalai Clique's '9, 10, 3' [Gu Chu Sum] splittist organization" | Unlawfully provided "intelligence" to an organization or individual outside of China | Art. 111 | November 7, 2008 | 10 years |
The LEN report did not provide any details about the type of information that any of the defendants allegedly provided to entities outside of China. The report did not identify the group or individual deemed to be part of "the Dalai Clique" that allegedly received information from the four defendants accused of acting together: Wangdu, Migmar Dondrub, Phuntsog Dorje, and Tsewang Dorje. One of the other defendants, Sonam Dragpa allegedly provided information to the Tibetan Youth Congress (TYC), a non-governmental organization (NGO) that seeks Tibetan independence according to the TYC Web site; Yeshe Choedron allegedly provided information to the Tibetan government-in-exile; and Sonam Tseten allegedly provided information to Gu-Chu-Sum, an NGO that Tibetan former political prisoners established to work on behalf of Tibetan political prisoners, according to the group's Web site.
At least two of the Tibetans, Wangdu and Phuntsog Dorje, have served previous sentences as political prisoners. Wangdu was detained on March 8, 1989, the day martial law took effect in Lhasa after three days of protests and rioting. According to the CECC Political Prisoner Database, Wangdu's initial three-year sentence was extended by five years to a total of eight years' imprisonment after he and at least 10 other Tibetan political prisoners signed (in prison) a petition stating that the 1951 17-Point Agreement between the Chinese government and the Tibetan government in Lhasa was forced on an independent Tibet. Wangdu, who had learned English, was a monk and tour guide at Lhasa's Jokhang Temple before the 1989 detention. Prior to detention from his home on March 14, 2008, Wangdu worked in Lhasa for the Australia-based Burnet Institute as a project officer for the institute's HIV Prevention in Lhasa Project, according to information in the ICT report, a December 22 Associated Press report (reprinted in Fox News), and an October 9 Tibetan Centre for Human Rights and Democracy (TCHRD) report. Information about the project is available on the Burnet Institute's Web site.
Phuntsog Dorje, a former employee of the Snowlands Hotel in Lhasa, served a 10-year sentence after detention in 1990, according to the 1994 Human Rights Watch report, "Detained in China and Tibet: A Directory of Political and Religious Prisoners." Authorities suspected Phuntsog Dorje of having links to a pro-independence group. In 1993, Phuntsog Dorje was suffering from kidney problems attributed to "extraordinarily heavy labor," the report said, citing an October 19, 1993, Tibet Information Network report (TIN ceased operations in 2005).
The Commission is aware of only one other official Chinese report of detention of Tibetans for peaceful protest activity during the wave of protests that began on March 10, 2008, the anniversary of the 1959 Lhasa uprising. The report concerns one of the two protests reported to have occurred in Lhasa on March 10. A March 25 China Tibet News report (translated in OSC, 27 March 08) stated that on March 24 the Lhasa People's Procuratorate authorized public security officials to formally arrest on charges of "illegal assembly" 13 of 15 monks whom police detained on March 10 for "chanting reactionary slogans" and carrying home-made Tibetan flags near the Jokhang Temple. The report did not name any of the monks charged with "illegal assembly," but named another of the monks, Lodroe (Luozhui), as the leader of the protest and the first to display the Tibetan flag. The report did not provide any information about the charges against Lodroe. No information is available about whether or not a court tried and sentenced the monks. All of the monks were temporary students at Sera Monastery in Lhasa but who hailed from other monasteries located in Tibetan autonomous prefectures in Sichuan and Qinghai provinces, according to March 10 and March 12 Radio Free Asia (RFA) reports and two March 12 TCHRD reports (1, 2).
Hundreds of Drepung Monastery monks staged the other March 10 peaceful protest in Lhasa by attempting to march from the monastery to the city center, where the Potala Palace and the Jokhang Temple are located, according to the RFA reports and a March 11 TCHRD report. According to information and analysis provided in Section V, Tibet, of the CECC 2008 Annual Report, Tibetan protests spread quickly through more than 50 county-level areas in the Tibetan autonomous areas of China. Protesters resorted to rioting in a total of 12 county-level areas, according to official Chinese media reports, but generally peaceful Tibetan protests took place in more than 40 additional county-level areas. China¨s leadership blamed the Dalai Lama and "the Dalai Clique" for the Tibetan protests and rioting, and did not acknowledge the role of rising Tibetan frustration with Chinese policies that deprive Tibetans of rights and freedoms nominally protected under China¨s Constitution and legal system. Chinese authorities released by June 2008 more than 3,000 of the more than 4,400 detained Tibetans whom officials characterized as "rioters" and who had surrendered or been detained by April 9, based on CECC analysis of a June 21, 2008, China Daily report and previous Chinese state-run media reports.
| Source: -See Summary (2009-01-23 ) |
Posted on: 2009-02-03 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=115942 |
UN Human Rights Council To Review China's Human Rights Record
On February 9, the UN Human Rights Council in Geneva will review China's human rights record under a new mechanism known as the Universal Periodic Review (UPR). The UPR was created on March 15, 2006 by United Nations General Assembly Resolution 60/251 (A/Res/60/251), which established the 47-member Human Rights Council (Council), replacing the Commission on Human Rights. The UPR mechanism "involves a review of the human rights records of all 192 UN Member States once every four years." (UN Office of the High Commissioner on Human Rights (OHCHR), Basic Facts About The UPR). OHCHR describes the UPR as "one of the key elements of the new Council which reminds States of their responsibility to fully respect and implement all human rights and fundamental freedoms. The ultimate aim of this new mechanism is to improve the human rights situation in all countries and address human rights violations wherever they occur." (OHCHR, Fact Sheet: Human Rights Council-Universal Periodic Review).
The Working Group on the UPR will meet in a three-hour session on February 9 to review China's human rights record. Each review is facilitated by a group of three rapporteurs (referred to as "troikas"), who are drawn by lot from Council members and from different Regional Groups. Canada, India, and Nigeria will serve as the troika for China's review. They will facilitate the "interactive dialogue" portion of the Working Group session and will prepare the report of the Working Group. (Human Rights Council Res. 5/1, "Institution-building of the United Nations Human Rights Council," sections D.2.18(d), and 21 (18 June 2007).) Participation in the review is not limited to Members of the Council; any Member State may be involved, including in the interactive dialogue, during which they may ask questions, make comments and/or offer recommendations. (Human Rights Council Res. 5/1, sec. D.2.18 (b); OHCHR, Basic Facts About The UPR). Representatives of NGOs may also attend the review. (HRC Resolution 5/1.)
The review will be based on:
The documents that will be considered for the review are:
For more information on China's compliance with its international human rights obligations and commitments, see the Congressional-Executive Commission on China's 2008 Annual Report. For more information on the UPR review process, see China's National Report (in Chinese only), the "compilation of UN information" and the "summary of stakeholders' information" prepared by the OHCHR (in English), and the original submissions of 46 stakeholders . The final report (referred to as "outcome") of China's review, once released, will be available here. Click here for a list of representative cases to use as a resource for formulating questions, comments, and/or recommendations pertaining to the release of citizens detained or imprisoned for advocating greater human rights guarantees in China, including citizens who engage with the international community to address human rights abuses.
| Source: -See Summary (2009-01-21 ) |
Posted on: 2009-02-02 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=116477 |
Officials To Strengthen Security Before Anniversaries and During Economic Downturns
Chinese officials have warned of increasing "social unrest" in 2009 and have called for strengthening public security in the run-up to several significant anniversaries and amid the country's economic downturn. Security officials reportedly plan to use the "valuable" and "successful" experience of security measures deployed during the 2008 Beijing Summer Olympic Games to increase security controls in 2009, according to a January 6 People's Daily article and a January 13 South China Morning Post report (subscription required). Minister of Public Security Meng Jianzhu called on public security officials to acknowledge the "grave challenge of maintaining national security and social stability" ahead of the 60th Anniversary of the founding of the People's Republic of China in October this year, as reported in the People's Daily article. Chen Jiping, director of the Central Committee for Comprehensive Management of Public Security, was quoted in an interview with the state-run magazine Outlook Weekly as saying that authorities will deploy new measures such as a neighborhood watch program and the creation of special departments modeled on those used during the Olympics that mobilized and used volunteers to help police maintain public order, according to the South China Morning Post report.
In addition to the 60th anniversary of the founding of the People's Republic of China in October, 2009 also marks several sensitive anniversaries, including the 50th anniversary of the March 10, 1959, Lhasa uprising, and the 20th anniversary of the June 4, 1989, peaceful democracy protest at the Tianamen Square. A January 6 Associated Press report writes that "opponents of the authoritarian regime could seize on [anniversaries] as symbolically rich opportunities to stage demonstrations or issue calls for political reform." The Chinese government and Communist Party have used campaigns to strengthen security measures and crack down on "social unrest" and dissent in the name of maintaining social stability during other "sensitive" times, including most recently before and during the Beijing Olympics and during the Olympic torch relay. (See the Preface of the CECC 2008 Annual Report and a previous CECC analysis for more information.)
The recent high-level official statements on maintaining "social stability" also come at a time when official statistics paint a grim economic picture and as the media and government officials have warned of potential mass protests resulting from high unemployment rates and increasing social discontent. Reuters reported on December 17, 2008, that up to 1.5 million graduates may face difficulty finding employment in 2009, that at least 4 million unemployed migrant workers have left cities to find jobs in large towns or counties, and that the urban unemployment rate is at 9.4 percent, according to estimates by the Chinese Academy of Social Sciences. The first issue of the Outlook Weekly in 2009 also reported that nearly 10 million migrant workers have lost their jobs, according to an estimate by China's National Bureau of Statistics. The same article said the economic downturn has led to greater social instability, including increasing incidents of unemployment-related labor disputes, land disputes, "highly sensitive" taxi strikes, and financial crimes. The article said experts have called for "proper handling" of mass incidents through prevention and mediation, to "keep conflict resolution at the local level," to "solve problems locally," and to "eliminate hidden danger at the initial stage."
For more discussion on "social instability" and "social unrest," see the Preface and General Overview in the Congressional-Executive Commission on China 2008 Annual Report.
| Source: -See Summary (2009-01-30 / English) |
Posted on: 2009-02-01 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=116313 |
Yunnan To Establish Anti-Trafficking Office To Focus on Women and Children
The Yunnan provincial government issued the Yunnan Province Implementing Opinion on the National Action Plan on Combating Trafficking in Women and Children (2008-2012) (Yunnan provincial implementing opinion) for the National Action Plan on Combating Trafficking in Women and Children (2008-2012) (National Action Plan) on November 21, 2008, calling for the establishment of an anti-trafficking office to coordinate the province's anti-trafficking efforts. The implementing opinion, like the National Action Plan, focuses on women and children. Yunnan is the fourth province to issue an implementation plan after the State Council issued the National Action Plan in December 2007. Guizhou province issued an implementing opinion in May 2008, followed by Hainan and Fujian provinces in June 2008.
Similar to Guizhou, Hainan, and Fujian's implementing plans, Yunnan province will:- Establish an anti-trafficking "leadership committee" with an office located within the provincial public security department. The "leadership committee" will implement, organize, and coordinate cross-regional, inter-governmental, inter-agency, and cross-provincial (district and city) anti-trafficking efforts.
- Include funds in the annual budget required by each locality and department to ensure the development and implementation of anti-trafficking work.
- Investigate and punish, according to law, illegal employers and employment of child labor, and ban illegal employment or marriage brokerage agencies or their Internet sites.
- Strengthen the provision of social welfare and assist with victim reintegration for rescued women and children, including appropriate arrangement for children without guardians, school enrollment for children who have reached appropriate age, as well as occupational training and employment assistance.
- Create special files for rescued women and children to track their living conditions and to coordinate relevant departments and organizations' efforts to resolve problems faced by those who have been rescued.
- Enhance international and cross-provincial cooperation.
The Yunnan provincial implementing opinion also includes a new measure allowing rescued women who cannot or are unwilling to return home to remain in Yunnan, subject to the approval of the relevant department(s). For those rescued women who are allowed to stay in Yunnan, the Yunnan Provincial Population and Family Planning Commission will regard them as "permanent residents" (changzhu renkou), instead of as migrants or members of the so-called "floating population" who do not have a local household registration (hukou). (For a discussion of China's household registration system, see section II--Freedom of Residence in the CECC 2008 Annual Report, including the Addendum: Recent Hukou Reforms (pp. 105-112); for a broader retrospective, see also an October 2005 CECC topic paper on China's household registration system, and a chart on Chinese Hukou reforms as of 2004.) The significance of the new policy is twofold: - Trafficked Chinese women without a local hukou may avoid involuntary repatriation, thus minimizing the risks of facing danger, such as threats from their traffickers, or re-trafficked once returned home.
- For non-Chinese women trafficked into Yunnan, neither the National Action Plan nor the Yunnan provincial implementing opinion distinguishes between foreign and Chinese victims, and the measures do not specify that this new policy is applicable only to Chinese citizens. If interpreted in this way, the Yunnan provincial implementing opinion's policy of allowing non-Chinese women to remain in Yunnan would comply with the international standard set forth in Article 7 of the United Nations Protocol to Prevent, Suppress and Punish Trafficking In Persons, Especially Women and Children. This Protocol states that "each State Party shall consider adopting legislative or other appropriate measures that permit victims of trafficking in persons to remain in its territory, temporarily or permanently, in appropriate cases." However, it remains to be seen how the new policy will be implemented in practice.
Even though the Yunnan provincial implementing opinion appears to provide better protection and prevention measures to trafficked women and children, there remain several weaknesses:- The measures do not include language about men identified as trafficking victims.
- Authority coordinating the inter-agency anti-trafficking effort is assigned to the provincial public security department. Generally speaking, public security departments may favor a "law and order" approach to anti-trafficking, rather than a human rights approach that favors prevention and addresses the root causes of human trafficking.
See the following Commission analyses for a discussion of China's anti-trafficking efforts: China's Anti-Trafficking Efforts Remain Inadequate One Year After Government's Release of National Action Plan, Infant Trafficking From the Earthquake Zone and Other Cases Reflect Anti-Trafficking Challenges, China's Long-Awaited Action Plan on Trafficking Aims To Provide "Sustainable Solutions". See also Section II-Human Trafficking in the CECC 2008 Annual Report.
| Source: -See Summary (2009-01-29 / English) |
Posted on: 2009-02-01 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=116491 |
Chinese Media Censor Parts of President Obama's Inauguration Speech
An official "full text" Chinese language translation of President Barack Obama's January 20, 2009, inauguration speech that appeared in major state-controlled Chinese news media omitted two paragraphs and the words "and communism," according to a review of the translation as it appeared on the Web sites of those media organizations on January 21. In addition, after President Obama said the word "communism," China's national television station, China Central Television (CCTV), cut away from live coverage of the speech, as shown in a video posted on the CCTV Web site on January 21. (The full text of the speech is available on the Presidential Inaugural Committee Web site; a transcript of the speech as delivered by President Obama is available on the New York Times Web site.)
[UPDATE, January 26, 2009: On January 22, the People's Daily, the Communist Party's flagship newspaper, posted its own "full text" translation of President Obama's speech. The Congressional-Executive Commission on China retrieved that translation from the People's Daily Web site on January 23 and saved a copy here. At the time, the People's Daily translation included the words "and communism" as well as the omitted paragraphs. On January 26, the CECC accessed the same link and found that the words "and communism" had been omitted, even though the original post date of January 22, 2009, 15:48, remained unchanged.]
Omitted Passages; "Silencing of Dissent"
The following two paragraphs, which appear about two-thirds into President Obama's 18-minute speech, were omitted from the "full text" Chinese translation prepared by the official China Daily and reprinted on the Web sites of CCTV (omitted paragraphs should have appeared on page 4), Xinhua, China's central news agency, Sina.com, a popular domestic news and information portal (omitted paragraphs should have appeared on page 2), and People's Daily (omitted paragraphs should have appeared on page 4):To the Muslim world, we seek a new way forward, based on mutual interest and mutual respect. To those leaders around the globe who seek to sow conflict, or blame their society's ills on the West - know that your people will judge you on what you can build, not what you destroy. To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history; but that we will extend a hand if you are willing to unclench your fist.
To the people of poor nations, we pledge to work alongside you to make your farms flourish and let clean waters flow; to nourish starved bodies and feed hungry minds. And to those nations like ours that enjoy relative plenty, we say we can no longer afford indifference to suffering outside our borders; nor can we consume the world's resources without regard to effect. For the world has changed, and we must change with it. Sina.com also posted a video with Chinese subtitles of President Obama's entire speech on the Web page where the "full text" Chinese translation begins. As of January 22, the subtitles do not omit the passages above.
"Communism"
About 11 minutes into President Obama's speech, he said: "Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions." The words "and communism" were omitted from the official China Daily translation (omitted words should have appeared on page 3) and its reprint on the Web sites of CCTV (omitted words should have appeared on page 3), Xinhua, Sina.com (omitted words should have appeared on page 2), and People's Daily (omitted words should have appeared on page 3).
As shown in the CCTV video, the station muted audio of the simultaneous interpreter shortly after she translated the word "communism." The screen then cut to the anchor hosting the coverage. It is unclear whether the anchor was caught off guard. (See January 21 BBC report for 30-second clip of this portion of CCTV's live coverage.) The anchor responded by turning to a CCTV reporter in Washington, DC and asking her about the challenges President Obama faces in dealing with the economy. While the station had earlier cut away about five minutes into the speech for three minutes of analysis by the Washington reporter (while the speech ran in the background in English for much of this time), it is unclear whether the later cut away was planned. The latter cut away, which included a background segment on President Obama, lasted for about seven minutes before simultaneous translation resumed with about one minute left in the speech.
Chinese subtitles that appear at the bottom of the video on Sina.com on January 21 also omit the reference to "communism."
English Text Reprinted in Chinese Media
The reference to "communism" and the passages noted above were not removed from the English text of the speech as reprinted on the China Daily Web site (communism, passages) on January 21, as reprinted on CCTV's Web site (communism, passages) on January 21, and as reprinted on Xinhua's Web site on January 21.
Past Censorship of U.S. Officials
Chinese media have censored the remarks of top American officials in the past. According to an April 20, 2004, New York Times (NYT) report, the official "full text" of then Vice President Dick Cheney's 2004 speech in Shanghai that appeared on major Chinese Web sites omitted references to political freedom, Taiwan, North Korea, and other topics that propaganda officials deemed politically sensitive. The NYT report also said that a CCTV broadcast of a 2003 interview with then Secretary of State Colin L. Powell left out references to human rights abuses and other issues despite a diplomatic agreement to broadcast the interview unedited.
For other accounts of the omissions from full text versions of President Obama's speech in Chinese media, see, e.g., a January 21 NYT report and a January 21 Times of London report.
For more information on how the Chinese government and Communist Party's policies toward China's media lead to censorship of information considered politically sensitive, see Section II - Freedom of Expression, in the CECC 2008 Annual Report.
| Source: -See Summary (2009-01-27 / English / Free) |
Posted on: 2009-02-01 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=116483 |
Officials Increase Censorship of Foreign and Domestic Web Sites
Chinese authorities appear to have stepped up censorship of the Internet in recent weeks with increased reports of foreign- and Hong Kong-based Web sites being blocked and the closure of a popular domestic blog hosting site for posting "harmful" political information.
Foreign and Hong Kong Web Sites
In December 2008, foreign and Hong Kong media reported that access from within China to several foreign- and Hong Kong-based news Web sites had been blocked after having been temporarily unblocked last August around the time of the 2008 Beijing Olympics, according to a mid-December Yazhou Zhoukan (Asiaweek) report (in Chinese), a December 16 BBC report, and a December 17 South China Morning Post report (subscription required). The blocked Web sites include the Chinese-language sites for the BBC, Voice of America, and Deutsche Welle, YouTube's Hong Kong and Taiwan sites, and the Web sites for the Hong Kong-based news organizations Ming Pao, Asiaweek, and Apple Daily. Access to some of these sites subsequently was restored, according to a December 19 New York Times (NYT) article. Citing reports from users in Beijing, Shanghai, and Guangzhou, the NYT said that access to its own Web site from within China had been blocked for more than three days, noting the absence of technical issues with the site, and no problems with accessibility from Hong Kong, Japan, and the United States, according to the December 19 article and a December 22 article. Amnesty International (Amnesty) reported on January 12, 2009, that authorities had resumed blocking its site in China after allowing access for the Olympics.
Chinese officials are able to block domestic access to foreign Web sites because they control the gateway connection between mainland China and the global Internet. Official involvement in the blocking of any particular site is difficult to confirm because officials provide little information about which sites are blocked and why a specific site has been blocked or unblocked. Sites that are blocked often report accessibility outside of mainland China and no technical issues. In response to questions about blocked Web sites, Ministry of Foreign Affairs (MFA) spokesperson Liu Jianchao said at a December 16 press conference (Chinese, English) that he was "not aware of the specifics" but that "it is undeniable that some websites do violate the Chinese law." Liu cited as an example Web sites that "publicly stage 'two Chinas' by putting the mainland China and China's Taiwan Province into two independent categories," in violation of the Anti-Secession Law. On January 13, 2009, MFA spokesperson Jiang Yu denied allegations that Chinese officials were blocking the Amnesty Web site ahead of a series of politically sensitive anniversaries in 2009, according to a January 13 Agence France-Presse article (via France 24). The same article quoted Jiang as saying that Amnesty "has always been biased toward China." Chinese and English transcripts of Jiang's January 13 press conference on the MFA's Web site do not mention the denial, but indicate that Jiang reiterated China's position that it manages the Internet according to Chinese laws and legally-binding regulations, which "prohibit the spreading of illegal information through the Internet, such as advocating cults and separatism."
Mainland Web Sites
Southern Metropolitan Daily, a newspaper based in Guangdong province, reported on January 12 that the Beijing Municipal Government's Information Office had ordered the closure of the blog hosting Web site Bullog (www.bullog.cn) after the site failed to remove large amounts of "harmful information" relating to current events and politics as authorities had requested, according to the Web site's administrator and founder, Luo Yonghao. Luo said that the site's service provider informed him by e-mail on January 9 that the provider received the shutdown order from the Beijing Communications Administration. Attempts by the Congressional-Executive Commission on China to access the Bullog Web site on January 27 were unsuccessful, yielding only browser-generated messages that the address could not be found. According to a January 12 Sydney Morning Herald article, Bullog has become a popular site for Chinese intellectuals and commentators to discuss politics and policy, registering more than one million daily viewers in April 2008. A January 13 Reporters Without Borders report said that at least nine contributors to Bullog had signed Charter 08, an open statement calling for political reform in China that has attracted the attention of authorities. Chinese officials have harassed signatories and censored references to Charter 08 on the Internet.
The reported shutdown of Bullog comes amidst a government campaign to remove "vulgar content" on the Internet. The campaign began on January 5 and will continue until early February, according to a January 6 People's Daily article (in Chinese). The campaign's primary target appears to be pornography, but employees at Web sites attempting to carry out the government's directive have noted "increased pressure to control political content as much as smut" as well as the vagueness of what the government considers unacceptable content, according to a January 12 Guardian article and a January 6 Straits Times article (via AsiaMedia). "We are just feeling our way in the dark now and going by intuition, deleting whatever we think might not be deemed proper by the government," one senior manager of a Chinese Web site told the Straits Times on the condition of anonymity.
As the CECC noted in its 2008 Annual Report, China's Internet laws and the interpretation and application of such laws by Chinese officials violate international human rights standards because they target content that the Chinese government and Communist Party deem politically sensitive. For more information on Internet censorship in China, see "Internet Censorship" in Section II - Freedom of Expression, in the CECC 2008 Annual Report.
| Source: -See Summary (2009-01-27 / English / Free) |
Posted on: 2009-02-01 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=116297 |
Authorities Target Protestant House Churches for Harassment, Detentions in December
Authorities disrupted several Protestant house church gatherings in December 2008, in some cases detaining church leaders, according to reports from the China Aid Association (CAA), an organization that monitors conditions for religious freedom in China. The reports come amid calls from local governments in late 2008 to stem Protestant house church gatherings and meetings of other unregistered religious groups. The CAA also issued a report in December on the demolition of a registered church and provided information on new developments in ongoing cases.
Recent reports include:- The Zhoukou municipality Reeducation Through Labor Committee (RTL) in Henan province issued a decision on December 16, 2008, sentencing three church leaders to one year of RTL for their involvement in "illegal proselytizing" and an "illegal gathering," according to a January 6 CAA report and a copy of the RTL decision posted January 6 on the CAA Web site. Authorities initially detained the three church leaders, Tang Houyong, Shu Wenxiang, and Xie Zhenqi, on December 3 at a house church gathering. CAA reported that authorities detained other attendees and sentenced 20 of them to 15 days of administrative detention. According to CAA, authorities alleged the church members belonged to the "Shouters," a group deemed a cult by authorities, but CAA said the church members were not associated with the group. The wife of one of the men sentenced to RTL has since pursued legal action in the case, including filing an administrative lawsuit and a motion to dismiss a judge involved, according to a January 26 CAA press release and copy of a court filing posted the same day on the CAA Web site.
- On January 2, public security officers in Urumqi, Xinjiang Uyghur Autonomous Region (XUAR), disrupted a house church meeting and detained 51 attendees. Authorities held 3 of the 51 in public security bureau custody, one of whom was sentenced to 10 days of administrative detention, according to a January 5 report from CAA.
- On December 17, police officers in Yancheng, Jiangsu province, demolished a registered church, according to a December 22 report from CAA. The CAA said sources described the demolition of the Chengnan Christian Church as the result of collusion between the Yancheng government and real estate developers. The demolition came despite a December 16 court ruling in favor of the church, CAA reported.
Among reports from CAA are also several incidents which took place during the Christmas season, a period also targeted in past years.- Authorities disrupted Christmas eve and Christmas day gatherings in Bozhou, Anhui and Yucheng county, Shangqiu, Henan provinces and Qitai county, Changji Hui Autonomous Prefecture, in the XUAR, according to CAA reports from December 26 and December 30. Officials took into detention two church leaders from the Anhui gathering, seven church leaders from the XUAR, and nine people from Henan. Authorities later released five of the nine detained in Henan and sentenced the remaining four to 15 days of administrative detention, according to a December 27 report from Monitor China, a Web site affiliated with the CAA.
- Earlier in the week, authorities targeted other house church Christmas celebrations in Anhui and in the XUAR, according to a December 25 CAA report via the Christian News Wire. Authorities disrupted a Bible training class in Dongzhi county, Chizhou, Anhui province, on December 22, interrogated the 19 students and 2 church leaders in the class, and sealed off the building where the classes were held. On December 22, authorities warned a house church leader in the Ili Kazakh Autonomous Prefecture, XUAR, to stop holding services.
- On December 24, police disrupted a group of people, including Protestant volunteers, who had gathered to rebuild housing for victims of the May 12, 2008, earthquake in Sichuan province, according to a December 27 CAA report. Authorities confiscated the group's property and took some of the group members into detention. CAA reported that authorities had targeted the group because of the presence of the Protestant volunteers.
Also in December, the CAA reported on developments in ongoing cases. - On December 15, a court in Qorghas (Huocheng), XUAR, tried the case of church leader Lou Yuanqi, detained since May 17, 2008, for ^inciting separatism, ̄ in connection to interviews he gave about his prior detentions for leading house church services. Authorities formally arrested him on June 20, on charges of using superstition to undermine implementation of state law, a crime under Article 300 of the Criminal Law, stemming from his church activities and from reporting abuses to overseas groups. See a CAA December 15 report and the Congressional-Executive Commission on China Political Prisoner Database for more information.
- On December 21, 2008, public security officers detained Beijing-based house church leader Zhang Mingxuan in Ulanhot, Inner Mongolia Autonomous Region, while he was there to preach, according to a December 22 CAA report. He was sentenced to 15 days of administrative detention for "operating an illegal organization for religious activities." International pressure prompted his early release on December 22, CAA reported. Authorities harassed Zhang on multiple other occasions in 2008, as noted in previous CECC analyses (1, 2) and the CECC Political Prisoner Database.
For more information, see section II--Freedom of Religion in the CECC 2008 Annual Report.
| Source: -See Summary (2009-01-26 ) |
Posted on: 2009-02-01 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=116591 |
Officials Harass Charter 08 Signers; Liu Xiaobo Under Residential Surveillance
Chinese authorities have harassed at least 101 signatories of Charter 08 and placed signer and prominent intellectual Liu Xiaobo under residential surveillance at an unknown location in Beijing in apparent violation of Chinese law following his detention on December 8, 2008, according to Chinese Human Rights Defenders (CHRD) reports on January 2 and January 9. The Central Propaganda Department has warned domestic reporters not to write about or interview any of the charter's signers, while references to the charter appeared to have been removed from the Internet, according to a January 4 Guardian report and a December 15-31 CHRD report. On the eve of December 10, 2008, the 60th anniversary of the Universal Declaration of Human Rights, more than 300 Chinese citizens signed and posted online Charter 08, which calls for political reform and greater protection of human rights in China and is inspired by a 1970s charter issued in what was then Czechoslovakia. The January 9 CHRD article said that more than 7,200 people have signed the document.
Harassment of Signers
The January 9 CHRD article said that the human rights organization had documented 101 cases in which police sought to question, formally summoned, or otherwise harassed a Charter 08 signer. The article said the cases occurred in 17 provinces and three municipalities and provided a list of people who had been harassed. Those harassed have reported that officials warned them not to give media interviews to promote Charter 08, sought to determine the main authors of the document and how it was disseminated, and demanded public retractions of signatures and support for the document, according to the CHRD article and a January 7 Christian Science Monitor (CSM) article. The prominent intellectual Zhang Zuhua was summoned on December 8 and again on December 26 by the Beijing Public Security Bureau's Domestic Security Protection Unit, the latter occurring shortly after Zhang gave an interview to CSM, according to the December 15-31 CHRD article and the CSM article. In another reported case of harassment, police in Hangzhou city, Zhejiang province, questioned writer Wen Kejian for several hours on December 25 in connection with his signing of the charter, according to a December 29 CHRD article.
Liu Xiaobo
Liu Xiaobo, who was taken into custody on December 8, has been placed under residential surveillance at an undisclosed location in Beijing by the Domestic Security Protection Unit under the Beijing PSB, according to the January 2 CHRD article. The restrictions on Liu's freedom not only appear to violate international human rights standards for free expression and association and China's Constitution, but to also violate China's procedural provisions since officials have placed Liu under residential surveillance at a location outside of his own residence. Article 57(1) of the Criminal Procedure Law (CPL) provides that a criminal suspect under residential surveillance may not leave his domicile without permission, and contemplates that the suspect may be placed under residential surveillance at a designated location outside his domicile if that person "has no fixed domicile." Article 98 of the Procedural Provisions for Public Security Agencies Handling Criminal Cases (1, 2, 2007 Amendment), issued by the Ministry of Public Security in 1998 to aid implementation of the CPL, defines "fixed domicile" as the "legal residence where the criminal suspect lives within the city or county of the agency handling the case." Since Liu has a home in Beijing and the case is being handled by Beijing officials, the law would appear to require that residential surveillance be carried out at Liu's home and not another location. Furthermore, Article 98 of the Procedural Provisions prohibits public agencies from setting up special places for "residential surveillance" that in effect subject the suspect to detention "in disguised form."
The January 2 CHRD article said that police allowed Liu to meet with his wife on January 1 but have not informed either Liu or his wife of the charges that led to his residential surveillance. According to a source close to the Liu family, the meeting took place at a secret location near Beijing, Times Online reported on January 6. The source said that Liu did not know the location of his residential surveillance. It is unclear what access Liu has to his lawyer, Mo Shaoping, who in recent years has represented a number of journalists, writers, petitioners, and other citizens accused of state security and public disturbance crimes. According to Article 24 of the Provisions Concerning Several Issues in the Implementation of the Criminal Procedure Law, a person under residential surveillance does not need permission to meet with his lawyer.
It is unclear when Liu's period of residential surveillance began. Article 58 of the CPL allows officials to place someone under residential surveillance for up to six months.
Internet Censorship
As noted in its December 15-31 report, CHRD conducted searches of Baidu, Sina, and Google in late December and found that information about Charter 08 appeared to have been blocked or deleted.
For additional information, including an overview of free expression and free association issues related to Charter 08, and additional background information on the subject, please visit the Commission's Web site. For information on freedom of expression issues in China generally, see Section II - Freedom of Expression, in the Congressional-Executive Commission on China's 2008 Annual Report.
| Source: -See Summary (2009-01-14 ) |
Posted on: 2009-02-01 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=116085 |
Manipulation of the Criminal Law to Penalize "Cults" Continues in Case of Painter and Popular Musician
Continuing a trend in which the PRC Criminal Law is used to persecute Falun Gong practitioners, a Beijing court sentenced a 40-year-old award-winning artist to three years in prison late last year on account of her association with the banned spiritual movement. On November 25, 2008, the Beijing Chongwen District People's Court sentenced Xu Na to three years in prison for "using a cult organization to undermine the implementation of the law," according to Xu's attorney as reported by the Associated Press (AP) (reprinted in the International Herald Tribune), Agence France-Presse (AFP) (reprinted in Yahoo! News), and Radio Free Asia (RFA) on November 25. The AP reporter spoke with a clerk at the Chongwen court who confirmed that a verdict against Xu was issued, but refused to disclose the details of her sentence.
In an interview with AFP, Xu's attorney indicated that she was convicted on the basis of "possessing and intending to distribute" 53 documents and 8 computer disks containing information about Falun Gong. Xu pleaded not guilty to the charges against her, and in her defense, appealed to Article 36 of the PRC Constitution, which provides for citizens' freedom of religious belief. The verdict was handed down after a 15-minute hearing, which for reasons that are unclear, was closed to some who sought to observe the proceedings, according to a November 26 report by the Falun Dafa Information Center (FDIC). Xu's lawyer told the AFP that she intends to appeal her sentence.
10-Month Pre-Trial Detention
Xu had been detained by police for 10 months in the lead-up to her recent sentencing. Authorities initially took Xu and her husband, folk musician Yu Zhou, into custody at a police checkpoint while they were driving to their Beijing home after a concert on the night of January 26, 2008. The couple's detention coincided with a pre-Olympics crackdown that resulted in the detention of more than 8,000 Falun Gong practitioners, according to a July 7 FDIC report.
The verdict handed down on November 25 marks the second time in eight years that Xu Na has been sent to prison for her association with Falun Gong. In 2001, Xu was given a five-year sentence for renting a room to Falun Gong practitioners who came to Beijing from other provinces, according to the RFA report. While serving her first sentence, Xu was reportedly beaten, deprived of sleep, force-fed, and tied down in uncomfortable positions for hours at a time, according to the November 26 FDIC report. Falun Gong has been outlawed in China since the Ministry of Civil Affairs issued a decision in July 1999 calling it an "illegal organization" that "harms society."
Manipulation of the Criminal Law
Xu's sentence reflects a broader trend in using the Criminal Law to penalize Falun Gong practitioners. The ill-defined charge of "using a cult organization to undermine the implementation of the law" is drawn from Article 300 of the PRC Criminal Law and is commonly used to sentence Falun Gong practitioners (for example, see page 96 of the CECC 2006 Annual Report). First inserted into the Criminal Law in March 1997, Article 300 was adopted to provide a legal basis for the government's "anti-superstition" campaign, which had targeted since the early-1990s various religious and spiritual groups deemed "heretical" or "superstitious." Following the commencement of the government's crackdown on Falun Gong in the summer of 1999, this campaign has gradually expanded into a highly-organized, nationwide "anti-cult" operation with a dedicated security force called the 6-10 Office (for more information, see pages 88-91 of the CECC 2008 Annual Report).
The Criminal Law does not precisely define what constitutes a "cult organization" (xiejiao zuzhi). In practice, Chinese authorities have applied the cult designation arbitrarily against religious groups perceived as potential political threats, including Christian and Muslim groups. On October 30, authorities in Neixiang county in Henan province sentenced house church pastor Zhu Baoguo to one year of reeducation through labor for leading an "evil cult," according to a November 18 China Aid Association report. In 2007, an official report published on the Web site of the Jinghe County Political-Legal Committee in the Xinjiang Uyghur Autonomous Region called for "severe strikes" against "cults" such as Falun Gong and a Muslim group called the "Islam Liberation Party" (for more information, see previous CECC analysis).
The Supreme People's Court and the Supreme People's Procuratorate issued a joint interpretation on "criminal cases involving cult organizations" in October 1999 that outlined vague criteria for designating a "cult organization." Such criteria include "harming society," "deifying" its leadership, "seducing and deceiving" others through "superstitions and heresies," and "controlling" the group's membership. No further details were given to clarify key terms such as "deify" or "control." According to this joint interpretation, activities prohibited by Article 300 of the Criminal Law include, among many other things, the publishing, printing, duplicating, or distributing of publications with "cult"-related content or symbols of "cult organizations."
Xu's Husband Dies in Custody
Yu Zhou died in police custody 11 days after he and his wife were detained, as reported by the Times of London on April 20. In an interview with AFP, Xu's lawyer confirmed that Yu died in police custody. Fans of Yu's band -- Xiaojuan and the Co-Residents of the Valley -- also wrote of Yu's death on Chinese language blogs. Authorities offered conflicting accounts of the cause of Yu's death, initially telling his family that he died of diabetes, and later attributing his death to a hunger strike. His relatives, however, indicated that Yu had no history of diabetes and that results from an autopsy the family demanded were withheld from them, according to a June 11 report from Clearwisdom.net. Xu's lawyer told AFP that "there are suspicions that he was beaten to death while in prison, but so far we have been unable to collect any evidence." Security officials prevented Xu from attending her husband's funeral.
For more information on Yu Zhou and Xu Na, please see the Congressional-Executive Commission on China's (CECC) Political Prisoner Database. For more information on the government's persecution of Falun Gong practitioners, please see Section II -- Freedom of Religion -- Falun Gong in the CECC's 2008 Annual Report.
| Source: -See Summary (2009-01-14 / English) |
Posted on: 2009-02-01 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=115536 |
Two Young Uyghurs Detained for Distributing Leaflets Calling for Student Demonstration
Authorities in the Xinjiang Uyghur Autonomous Region (XUAR) capital of Urumqi have detained two young Uyghur men for distributing leaflets on a university campus calling on students to organize a public demonstration. Available information suggests the leaflets may have called on students to protest tobacco and alcohol sales. Two security staff at Xinjiang University (XU) detained 20-year-old Miradil (Mir'adil) Yasin and 19-year-old Mutellip T└yip on December 20, 2008, after seeing them distribute leaflets within the campus gates, according to a December 25 report of the event on the XU Web site and a Xinhua report posted January 1, 2009, on the Xinhua Bingtuan Web site. Two people outside the campus gates fled the scene as the detention occurred, according to the reports. The Xinhua article reported that the two Uyghur security staff and their ethnic Hui colleague who interrogated the men were initially unable to understand the contents of the Uyghur-language leaflets, but according to the XU report, university authorities later determined the leaflets had "reactionary" and "malicious" content aimed at "inciting students to demonstrate in the streets and create chaos." The XU authorities reported this information to Urumqi public security offices, which took the two young men into detention. Their current whereabouts and further developments in their cases are not known. According to the Xinhua report, Miradil Yasin and Mutellip T└yip identified themselves as XU students, but the XU report did not describe them as students. The Xinhua article reported that based on information provided by XU, public security offices detained on the same day a "criminal gang" made up of more than 20 people. (For additional reporting on the initial detentions on the XU campus, see also a December 26 article from Radio Free Asia's Uyghur service, based in part on interviews with local authorities including XU security staff involved in the case, and a December 30 press release from the Uyghur American Association.)
The reports provided no additional information on the specific contents of the leaflets, but information from two other Urumqi universities where leaflets were found on the same day suggests that leaflets at all three campuses may have similarly called on students to peacefully demonstrate against tobacco and alcohol sellers. The Xinjiang Agricultural University said in a December 30 report that the leaflets found on that campus urged ethnic minority students to gather at the campus gymnasium on December 21 and demonstrate in support of removing tobacco and alcohol from supermarkets, stores, and banquet halls. A December 26 report from Xinjiang Medical University, where officials held a meeting to address the discovery of leaflets there, described the contents of the leaflets as aiming "in name to improve the lifestyle habits of ethnic minority students," but claimed that in fact the contents amounted to "reactionary speech" that aimed to spur students into an "illegal assembly" that would disrupt "stability and unity." The report said that through the meeting, students were able to recognize that "to advocate lashing out at tobacco and alcohol businesses in fact [amounts to] an act of beating, smashing and looting, and this is forbidden by our country's laws."
In the aftermath of discovering the leaflets, the three universities reported taking measures to strengthen propaganda campaigns and oversight of students. The XU article noted that the school is in the process of carrying out anti-separatism education activities, and reported that the school's Communist Party committee called on staff to improve their sense of responsibility and urgency in their work to fight separatism and "infiltration." According to a second December 25 report from XU, the XU Communist Party secretary called on the university to strengthen "management" of places including dorms, cafeterias, and shower halls, and intensify "supervision and control" of technologies including Internet and cell phone messaging. A department at the Xinjiang Medical University convened a meeting on December 22 to address the leaflets, noting that the distribution of the leaflets indicated that the "fight against separatism" remained "complex and severe," and calling for an "unceasing strengthening of students' political immunity" against perceived threats to stability, according to another December 26 report from that university. The article also said that the meeting demonstrated that students would not be "hoodwinked" by the "pretense" of "illegal religion." The article reiterated XUAR government calls to emphasize the concept of "stability above all else." Xinjiang Agricultural University described taking measures on December 20 and 21 for "prevention and control" within the school and called on school departments to attach high importance to anti-separatism and anti-infiltration education, according to the report from that school. The Xinjiang Agricultural University also described plans to reward the student who informed officials of finding the leaflets. XU authorities gave monetary rewards to the security staff involved in stopping distribution of the leaflets on that campus and held a meeting to honor them, according to the two XU reports.
The confiscation of leaflets and detentions of Miradil Yasin, Mutellip T└yip, and others occurred within a heightened security climate in place in the XUAR in the past year since preparations for the Beijing 2008 Summer Olympic Games, limited Chinese government reports of terrorist activity, and protests among Uyghurs and Tibetans in early 2008. The universities' characterization of the planned anti-tobacco and anti-alcohol demonstrations as illegal gatherings associated with separatism may have reflected a response both to the possibility of large-scale assembly as well as to religious expressions deemed by authorities to be "extremist." Separatism, terrorism, and "extremism" form the "three forces" designated by the government as threatening the region's security. The government's "strike hard" campaigns against the "three forces" have spurred tight controls over religious practice in the region and caused other rights abuses. Disrupting the planned demonstration also continues a trend in restricting grassroots religion-based efforts to address social issues such as substance abuse.
For more information on conditions in the XUAR, see section IV--Xinjiang in the CECC 2008 Annual Report.
| Source: -See Summary (2009-01-12 ) |
Posted on: 2009-02-01 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=116179 |
State-Controlled Catholic Church Celebrates Independence from "Foreign Interference"
China's state-controlled Catholic church held a meeting in December to celebrate the Chinese church's policy of appointing bishops independently of Holy See practices for designating the religious leaders. The Catholic Patriotic Association (CPA) and the Chinese Catholic Bishops Conference, the two Communist Party-controlled organizations that lead China's state-sanctioned Catholic church, convened the meeting on December 19 in commemoration of the 50th anniversary of the church's policy of "self-selecting" and "self-ordaining" bishops, according to a December 19 Xinhua report. (For overseas reporting on the meeting, see a December 19 Union of Catholic Asian News report and December 20 Asia News report.) Du Qinglin, head of the Communist Party's United Front Work Department and vice-chair of the Chinese People's Political Consultative Conference, said at the meeting that the church began "self-selection" in 1958 to address bishop shortages, "eliminate foreign interference in internal affairs," and "withstand the threat of 'ruthless punishment' from foreign forces." Du called on Catholics to "unflinchingly" continue the church's policy of independence and said that as one of the pre-conditions for improving Sino-Vatican relations, the Vatican must not interfere in China's internal affairs, including by "using religion to interfere." As noted in the Congressional-Executive Commission on China 2008 Annual Report, the two countries do not maintain diplomatic relations.
As reported in the CECC 2007 and 2008 Annual Reports, although CPA policy requires that the registered church depart from the practice of recognizing Holy See authority to select bishops and instead make bishop selections based on its own internal procedures, in recent years the CPA has tolerated discreet involvement by the Holy See in the selection of some bishops. The church ordained a total of five bishops in 2007 all of whom had Holy See approval, after breaking with the practice of ordaining Holy See-approved bishops for some appointments in 2006.
The Holy See-selected bishops who serve China's unregistered Catholic church community continue to remain vulnerable to government abuse, the CECC reported in its 2008 Annual Report. The approximately 40 bishops who serve the unregistered church are reported to remain in detention, confinement in their homes, in hiding, or under strict surveillance by the government. In the past year, authorities continued their pattern of detention and harassment of Jia Zhiguo, the unregistered bishop of Zhengding diocese in Hebei province. Authorities also have harassed registered bishops, in some cases coercing them to officiate consecrations for the registered church.
For more information, see section II--Freedom of Religion in the CECC 2008 Annual Report.
| Source: -See Summary (2009-01-09 / English) |
Posted on: 2009-02-01 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=116044 |
Xinjiang Authorities Issue Plan Combining Rural Reform With Continued Political Controls
Authorities in the Xinjiang Uyghur Autonomous Region (XUAR) issued an opinion in December 2008 to accelerate rural reform and development, combining policies aimed at improving conditions in rural areas with steps to continue tight political controls in the region. The Opinion on Deepening the Promotion of Rural Reform and Development (Opinion), issued by the XUAR Communist Party Committee and XUAR government on December 8, follows national plans issued in 2007 and earlier in 2008 to promote development in ethnic minority regions. The Opinion sets 2020 as a target date for realizing reform goals and describes as one of its basic principles the need to "grasp reform and development in one hand and unity and stability in the other." The plan precedes a work report by XUAR government chairperson Nur Bekri, posted January 8, 2009, on the Xinjiang Daily Web site, calling for increased measures to promote stability, while also outlining development objectives for the coming year. (For related information, see also a January 6 article on the Xinjiang Daily Web site providing an analysis and forecast of economic and social conditions in the XUAR.)
The Opinion outlines general measures to promote reform and development in areas such as land contracting, agriculture, finance, employment, the environment, health, and education. Measures include: - Integrating economic and social development between rural and urban areas and implementing preferential development policies in the southern XUAR to close the gap in conditions between southern and northern regions of the XUAR (Point 6). The Opinion's attention to the southern XUAR coincides with news of specific measures to support the region. The central government will subsidize 53.4 billion yuan for a five-year period starting in 2009 to support development in three southern XUAR districts, according to a January 4 report on the Xinjiang Peace Net. The government also has proposed providing free high school education to students in these three districts, in a measure designed both to promote vocational skills and uphold "social security and stability," according to the Communist Party secretary of the XUAR Education Department, as quoted in a January 8 report from the People's Daily.
- Promoting steps to retrain rural residents, shift them to different sectors of employment, and promote programs to export the local labor force (Points 15 and 16). As reported by the Congressional-Executive Commission on China (CECC) in its 2008 Annual Report, the government maintains a labor transfer program that has sent young ethnic minority men and women to jobs in the interior of China. Overseas reports have indicated that local authorities have coerced participation and mistreated workers.
- Developing rural health care, including rural health cooperatives (Point 23). As noted in the CECC 2008 Annual Report, the central government announced plans to increase public spending on healthcare in rural and remote areas, with particular attention to China's western and interior areas. The government announced nationwide plans for healthcare reform in January 2009, according to a January 18 report from Xinhua.
The Opinion also describes steps to promote continued political controls, including:- Strengthening the management of religious affairs, including by strengthening implementation of a two-point system to monitor mosques and religious leaders, by continuing to impose political training on religious personnel, and by forbidding "underground" scripture readings and private pilgrimages (Point 30).
- Point 26 includes a call for developing social welfare undertakings in areas such as helping the poor and disabled, providing disaster relief, and aiding orphans. The CECC 2008 Annual Report reported, however, that elsewhere the XUAR government has taken steps to curb the development of civil society groups, including Islam-focused groups that have aimed to address social problems.
The politicized content of the December Opinion, coupled with the XUAR government's poor track record in promoting equitable development, call into question the Opinion's potential to guide improvements in rural conditions and protect rural residents' rights, including ethnic minority rights. As noted in the CECC 2008 Annual Report, although economic reforms and development projects have raised living standards in the region, they have also furthered unequal allocation of resources that favor Han Chinese and have served as a platform for advancing political controls. The government has tied some development projects to the promotion of "social stability" and used development projects to channel migration to the XUAR, resulting in broad demographic and assimilation pressures in the region.
For more information on conditions in the XUAR, see section IV--Xinjiang in the CECC 2008 Annual Report.
| Source: -See Summary (2009-01-07 ) |
Posted on: 2009-02-01 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=115977 |
CHARTER 08 and the Detention of Liu Xiaobo
On the eve of December 10, 2008, the 60th anniversary of the Universal Declaration of Human Rights, over 300 Chinese citizens signed and posted online a document titled "Charter 08," calling for political reform and greater protection of human rights in China. Signers included leading intellectuals, lawyers, writers, farmers, and workers. Over the past week, many hundreds more people in China have signed, with some reports placing the number of signers in the thousands. Chinese abroad have signed the Charter as well.
Liu Xiaobo, one of the original signers of the Charter, and a prominent intellectual and dissident, has been detained, apparently for expression protected under international human rights standards that the Chinese government has recognized. Specifically, Mr. Liu's activities are protected under Article 19 of the Universal Declaration of Human Rights, which provides that "[e]veryone has the right to freedom of opinion and expression," and a similar provision in Article 19 of the International Covenant on Civil and Political Rights, which China signed in 1998 and has committed to ratify. Article 20 of the Universal Declaration of Human Rights and Article 22 of the International Covenant on Civil and Political Rights provide for the right to freedom of association. Articles 35 and 41 of China's Constitution, which provide the right of citizens to free speech, free association, and to criticize their government, also should protect Mr. Liu's activities. As of December 17, Mr. Liu's wife reportedly had not received an official notice of his detention, as required under Article 64 of China's Criminal Procedure Law. At the time of this writing, Mr. Liu's whereabouts remain unknown. In addition, at least 48 members of the group that initially signed Charter 08 have reported being questioned or harassed by authorities.
Charter 08 contains 19 recommendations, including, among other things, a call for guarantees of human rights and respect for human dignity, direct elections of legislative bodies and administration officials, an independent judiciary, separation of powers, and the guarantee of freedom of religion, freedom of speech, and freedom of assembly. The Charter urges Chinese citizens to work together "for major changes in Chinese society and for the rapid establishment of a free, democratic, and constitutional country . . . to bring a brilliant new chapter to Chinese civilization."
The reported treatment of signers of Charter 08, including Mr. Liu, around the 60th anniversary of the Universal Declaration of Human Rights, raises questions about recent statements made by Chinese officials with regard to China's human rights record. In November, China announced that it would release its first National Human Rights Action Plan. On December 5, China submitted its national report to the UN Human Rights Council under the Universal Periodic Review process. In a section titled "Speech, News Media Freedoms," the report highlights China's constitutional protections for freedom of speech and the freedom to criticize government officials, and notes that "criticizing the government" has become an important feature of Chinese life. President Hu, along with other top leaders, consistently have called for ensuring citizens' rights to "participation," "expression," and "oversight" as a check on government abuses.
CECC Recommendations: - Press the Chinese government to release Liu Xiaobo immediately.
- Urge the Chinese government not to permit the intimidation or harassment of individuals who sign Charter 08, or who solicit new signatures.
- Call on the Chinese government to protect unconditionally signers' rights to free expression and free association.
Commission Resources on Charter 08, freedom of expression, and political imprisonment in China:
| Source: -See Summary (2008-12-17 / English / Free) |
Posted on: 2008-12-20 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=115639 |
New Science and Technology Plan for Ethnic Minorities Raises Questions About Ethnic Minority Rights
The Chinese central government has issued direction on advancing science and technology development among ethnic minorities and in ethnic minority areas, combining potentially beneficial provisions with those that may clash with the protection of ethnic minority rights. The Opinion Concerning the Increased Strengthening of Science and Technology Work Among Ethnic Minorities and Ethnic Minority Regions (Opinion)--issued November 3 by the State Ethnic Affairs Commission, Ministry of Science and Technology, Ministry of Agriculture, and the China Association for Science and Technology--builds off of two national programs on science and technology as well as China's first "five-year" program devoted specifically to ethnic minorities and ethnic minority areas. The Opinion describes the promotion of science and technology development as an extension of Communist Party and government policy toward ethnic minorities and links it to strengthening "ethnic unity," the "unity of the motherland," and security in China's border areas. Noting that development of science and technology work has been "delayed" among ethnic minorities and in ethnic minority areas, the Opinion designates the first 20 years of the 21st century to accelerate development. Article 6 of the Opinion describes five broad goals for the science and technology work: - Strengthening training of ethnic minority science and technology personnel and personnel in ethnic minority areas;
- Improving science and technology infrastructure and services;
- Spreading scientific knowledge;
- Increasing science and technology investment, including funds for materials in ethnic minority languages; and
- Strengthening the science and technology work force and building a long-term mechanism for science and technology work.
Some provisions have potential to bring benefit to ethnic minority communities, though their overall impact remains unclear amid China's past failures to implement development projects that adequately protect ethnic minority rights. Article 8 calls for greater research on diseases occurring in ethnic minority areas and among ethnic minorities, as well as strengthening disease prevention and increasing support for the development of ethnic minority medicine. It does not specify steps for ensuring ethnic minority communities maintain oversight and gain benefit from the development of ethnic minority medicine. Article 11 promotes multi-lingual materials to popularize science and follows earlier efforts to provide multi-lingual materials on health issues. Outside the area of materials to promote government development and health campaigns, however, the government has taken steps in some regions to curb the use of ethnic minority languages, calling into question the government's commitment in this area. (See, for example, past Congressional-Executive Commission on China analyses (1, 2, 3) for more information.) Article 13 details the Opinion's aim of training ethnic minority personnel, including through vocational training, but as noted in the CECC 2008 Annual Report, some areas have taken steps to reduce higher education in ethnic minority languages, placing linguistic assimilation pressures on ethnic minorities and undercutting legal protections for the use of ethnic minority languages. In addition, while article 14's call for infrastructure and personnel support from the interior of China has potential to bring benefit, such measures may also continue longstanding government policies to promote migration to ethnic minority areas, resulting in broad demographic changes and assimilation pressures. Finally, it is unclear if efforts to promote "scientific thought" and to raise the "scientific cultural quality" of ethnic minorities and residents of ethnic minority areas, as called for in article 10, will respect ethnic minority beliefs and traditions.
As noted in the CECC 2007 and 2008 Annual Reports, the central government has increased support for development projects in ethnic minority regions, with mixed results. Aid projects, including the Great Western Development program launched in 2000, have increased migration, strained local resources, and furthered uneven allocation of resources that favors Han Chinese. Given this track record, coupled with the Chinese government's failure to fully implement broader protections for ethnic minority rights and solicit ethnic minority input for development projects, it remains unclear whether the new Opinion will result in improvements for ethnic minorities' livelihoods and will safeguard ethnic minority rights.
For more information, see Section II--Ethnic Minority Rights, Section IV--Xinjiang, and Section V--Tibet, in the CECC 2008 Annual Report, as well as the Special Focus on ethnic minorities in the 2005 Annual Report.
| Source: -See Summary (2008-12-11 ) |
Posted on: 2008-12-20 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=115267 |
Government Improves Anti-Domestic Violence Efforts; Victim Protection Remains Limited
In order to provide better protection to domestic violence victims, four Ministries (Public Security, Civil Affairs, Health, and Justice), one Party-controlled organization (All-China Women's Federation), the Party's Central Propaganda Department, and the Supreme People's Procuratorate jointly issued the Opinions on Preventing and Deterring Domestic Violence (Opinions) on July 31, 2008. Highlights in the Opinions include: requiring public security officers to respond to complaints made through the "110" telephone emergency hotline (Article 8); requiring hospitals and healthcare workers to undergo training programs to prevent and curb domestic violence (Article 11); and requesting All-China Women's Federation offices to establish domestic violence hotlines (Article 13). The Opinions appear to increase the government's responsibility in handling domestic violence cases, according to an article published by the organization West Women on September 9.
To ensure the safety of domestic violence victims involved in cases pending before a court, the Institute of Applied Laws under the Supreme People's Court also issued the Court Guidance on Cases Involving Domestic Violence in Marriage (Guidance, partially reprinted on Divorce Net) in May. Article 27 of the Guidance advises courts to issue protection orders to "prohibit offenders from beating, threatening, harassing, or stalking victims, or having unwelcome contact with the victims and their children," and if necessary, to require offenders to receive psychological therapy. Such protection orders can also order offenders to "temporarily move out of their residences, if necessary and if the cases meet qualifications." In addition, the Guidance provides that "during the effective period of the protection order, no party should handle valuable marital properties."
According to reports in the Legal Daily (reprinted in Xinhua) on August 18, the People's Daily (English translation by All-China Women's Federation) on October 10, and the Chongqing Times (reprinted in the Chongqing Municipal People's Government Web site) on October 23, the Guidance has resulted in at least six protection orders issued by courts to prohibit spousal intimidation in the provinces of Jiangsu and Hunan, and Chongqing city in August, September, and October of this year. According to these reports, these are the first court orders issued to protect personal safety in civil cases.
According to All-China Women's Federation, the number of domestic violence complaints averaged 40,000 per year from 2005 to 2007, up from 20,000 in 2000, as reported in China Daily on November 25. One-third of China's 267 million families have witnessed domestic violence, and 94 percent of domestic violence victims are women, according to the same report.
Current laws regulating domestic violence appear to be incomplete and inconsistent, and appear to reflect the government's reluctance to intervene in domestic violence disputes, according to experts' analysis that appeared in a November 27 Women's Watch-China article. The revised Marriage Law in April 2001 was one of the first legal documents with references to domestic violence, according to the November 27 article. Article 46 of the Law on the Protection of the Rights and Interests of Women, as amended in 2005, mandates that "the state take measures to prevent and deter domestic violence." Domestic violence offenders are punishable under Articles 234, 236, and 260 of the Criminal Law, and Article 43 of the Public Security Administration Punishment Law. China's Civil Procedure Law also allows victims to file civil lawsuits against offenders. At least 69 local regulations contain references to the prevention and prohibition of domestic violence, according to the People's Daily (English translation by All-China Women's Federation) on October 10. Nevertheless, scholars indicate that current laws and regulations are difficult to implement because laws and judicial interpretations are too abstract or narrow, and do not assign clear and concrete legal responsibilities, according to a May 16 article in the Shenzhen Lawyer's Net (reprinted in Women's Watch-China).
Advocates continue to call for national legislation on domestic violence. The Party-controlled All-China Women's Federation has expressed its support for an anti-domestic violence law during the 2009 National People's Congress, as reported in the Legal Daily (reprinted in the Guijing Net) on October 8. A proposal reportedly was submitted to the National People's Congress in March 2008, according to a March 16 report in the Procuratorial Daily (reprinted in China News).
For more information about the discussion on domestic violence, see Section II - Status of Women in the Congressional-Executive Commission on China 2008 Annual Report.
| Source: -See Summary (2008-12-11 ) |
Posted on: 2008-12-20 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=115327 |
Over 300 Citizens Issue "Charter 08"; Several Activists Detained
More than 300 Chinese citizens--including scholars, writers, lawyers, and activists--issued Charter 08 (English / Chinese), an open statement calling for greater rights and political reform in China on the eve of December 10. The date coincides with the 60th anniversary of the Universal Declaration of Human Rights and Human Rights Day. The prominent intellectual Liu Xiaobo has been detained under suspicion of "inciting subversion" in connection with Charter 08, according to a December 10 Independent Chinese Pen Center article (in Chinese). Several other activists also have been detained in advance of Human Rights Day.
In a December 9 statement issued by Chinese Human Rights Defenders (CHRD), CHRD describes Charter 08 as a declaration for "bold political reforms, including an end to one-party rule and replacement of the current political system with one based on human rights and democracy." The signatories propose a 19-point plan, which includes direct elections of legislative bodies and administration officials, the establishment of a federated republic, an independent judiciary, separation of judicial, executive, and legislative powers, environmental protection, and the safeguarding of human rights, including the freedoms of assembly, association, religion, and speech. According to Professor Perry Link, who translated Charter 08 into English, the signatories intend the document "to serve as a blueprint for fundamental political change in China in the years to come." Inspired by the Charter 77 movement in Czechoslovakia, the signatories will form "an informal and open group" dedicated to advancing human rights and democracy in China, according to the CHRD statement. Charter 08 calls on Chinese citizens to work together "for major changes in Chinese society and for the rapid establishment of a free, democratic and constitutional country . . . to bring a brilliant new chapter to Chinese civilization."
Chinese authorities detained Liu Xiaobo and another prominent Beijing-based intellectual, Zhang Zuhua, for their involvement with Charter 08, according to a December 9 Associated Press (AP) article (via Newsvine). The AP reported that authorities released Zhang Zuhua after holding him for 12 hours and warned him to cease his involvement with the charter. Zhang's home was searched and his computer, notebooks, and passport seized, according to the December 9 statement issued by CHRD. Zhang said that the police informed him they are conducting a formal investigation and they have confined him to his home, according to a December 9 Telegraph article. The South China Morning Post (subscription required) reported that Liu Xiaobo's wife, Liu Xia, said that at least 10 police searched their home and confiscated computers, articles, and books. The Committee to Protect Journalists issued a statement on December 9 calling for Liu's release, as did Reporters Without Borders.
Chinese authorities have detained and harassed other activists in advance of Human Rights Day. On December 4, in Guizhou province, authorities detained two human rights activists, Chen Xi and Shen Youlian, who were organizing a symposium and other events to commemorate the 60th anniversary of the Universal Declaration of Human Rights, according to a Human Rights in China press release. Three other symposium organizers, Liao Shuangyuan, Huang Yanming, and Du Heping, reportedly "disappeared" before December 4. All five of the Guizhou activists signed Charter 08.
For more information on the arbitrary detention of activists and restrictions on freedom of expression, see Section II - Rights of Criminal Suspects and Defendants and Freedom of Expression in the Congressional-Executive Commission on China's 2008 Annual Report.
| Source: -See Summary (2008-12-09 ) |
Posted on: 2008-12-20 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=115210 |
Propaganda Head Liu Yunshan Calls for Positive Spin on Economy
Liu Yunshan, head of the Communist Party's Central Propaganda Department (CPD), called on propaganda officials to prioritize "economic propaganda work" to deal with the current economic downturn, according to remarks he made on November 18, 2008, as reported in a Xinhua article (in Chinese) of the same date. Liu, speaking to directors of local propaganda bureaus and "persons responsible for news media," said that "positive propaganda" should be the "guiding principle." He urged officials to "create a positive public opinion environment in order to achieve economic stability and faster growth" and "guide the people to a correct understanding of the difficulties faced," and told them that "political consciousness at the front lines of propaganda ideology must be strengthened." Liu's comments are significant because the CPD imposes restrictions on the Chinese media's reporting of topics perceived to be sensitive by the Party. - Praise Central Party and Government Handling of Economy. Liu, who is also a Party Central Committee member and secretary of the Secretariat, said propaganda should stress that "under the strong leadership and scientific policies of the Party Central Committee and the State Council, our nation will completely be able to overcome the difficulties before us, and continue to maintain the trend of healthy development for the national economy." He said propaganda should showcase the central leadership's major policy responses to the crisis and the "positive results" from such policies.
- Link to Overall Propaganda Strategy. Liu said that the propaganda initiative on the economy should be tied to propaganda regarding the thirtieth anniversary of China's reform and opening up, relief efforts following the Sichuan earthquake in May, the hosting of the 2008 Beijing Summer Olympic Games in August, and the nation's manned space flight program, which most recently launched in September.
Even before Liu's remarks, officials had been ordering Chinese media to not report "negative news" as China's economy has slowed. In September 2008, propaganda officials ordered major financial Web sites to remove "negative" reports regarding China's stock markets. In some cases, newspapers who publish "negative" financial news have been punished. In September, for example, the Inner Mongolia Press and Publication Bureau ordered the three-month suspension of the China Business Post after it published a report in July critical of the Agricultural Bank of China, which at the time was preparing for a stock offering. Such restrictions not only violate international standards regarding freedom of expression, but also prevent citizens from accessing important information because the Party deems it to be "negative," and thus unsuitable for public consumption.
Liu's remarks also follow a major June speech by President Hu Jintao, in which he said journalists' "first priority" is to "correctly guide public opinion."
For more information on how the government and Party censor China's media, see Section II - Freedom of Expression, in the Congressional-Executive Commission on China's 2008 Annual Report.
| Source: -See Summary (2008-12-08 ) |
Posted on: 2008-12-20 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=114917 |
Inner Mongolia Press and Publication Bureau Suspends China Business Post
The Inner Mongolia Autonomous Region Press and Publication Bureau (Inner Mongolia PPB) ordered the China Business Post (Caijing Shibao) on September 8 to suspend publication for three months after the financial newspaper published a July 11 report (reprinted in Sina.com) critical of the Agricultural Bank of China, according to a September 25 South China Morning Post (SCMP) article (subscription required). The newspaper has halted publication in protest of the suspension, and the author of the report has filed a lawsuit against the Inner Mongolia PPB, which issued the paper's license, according to an October 30 SCMP article (subscription required).
The July 11 report alleged, among other things, that the bank's branch in Changde city, Hunan province, had transferred bad assets to another company for a fraction of their value using forged government documents. The bank denied the allegations, according to a July 16 International Finance News report (reprinted in Xinhua). The China Business Post responded with a statement, reprinted in Sohu.com on September 27, saying that four sources at the bank had confirmed the report's facts.
The China Business Post issued a September 25 statement on its Web site saying "higher-level officials" punished the paper for violating:
- "standard reporting procedures that must be followed for news reporting"
- "the requirement that significant and sensitive news stories must be verified with the party being reported on before publication"
- a ban on "extra-territorial reporting," the practice of a newspaper from one area publishing critical investigative reports about another area, on matters that officials in the investigated area are preventing their local news media from reporting. (Some Chinese media have engaged in extra-territorial reporting as a way to issue more critical reports, but in recent years Communist Party officials have sought to clamp down on this practice.)
The suspension order said that by violating such restrictions, the report, which was published as the bank was preparing for a public stock offering, was "inappropriate" and had an "adverse influence," according to the September 25 SCMP article.
According to the SCMP article, the suspension order also cited previous China Business Post articles, some published more than five years ago, as reasons for the suspension. These included:
- a June 2003 article (reprinted in Boxun) about the noted economist Wu Jinglian's support for Jiang Yanyong, the doctor who publicized the coverup of the SARS epidemic; and
- a June 2003 article (reprinted in Finance World) on Shanghai tycoon Zhou Zhengyi's financial and legal difficulties.
Cui Fan, the author of the July 11 report, filed a lawsuit against the Inner Mongolia PPB on October 29, according to a November 4 Associated Press (AP) article (reprinted in Yahoo!). According to a purported copy of Cui's complaint posted on Legal Advisor Net, Cui filed the suit with the Xincheng District People's Court in the Inner Mongolia Autonomous Region capital of Hohhot. As reported in the AP and the October 30 SCMP articles, the lawsuit alleges that the Inner Mongolia PPB defamed Cui and lacked the authority to suspend the publication. According to the copy of the complaint, the lawsuit also alleges that the Inner Mongolia PPB failed to follow the Administrative Punishment Law's provisions requiring the bureau to:- provide the newspaper with prior notice of the "facts, grounds, and basis" of the penalty and an opportunity to defend itself (Arts. 31, 32). The lawsuit alleges that the bureau did not notify the newspaper of the facts, grounds, and basis for the penalty or afford it the right to defend itself and state its case.
- conduct a "comprehensive, objective, and fair" investigation including the collection of evidence (Art. 36). The lawsuit alleges that the bureau never investigated Cui or approached her for evidence that would help determine the truthfulness of the article.
- notify the newspaper of its right to request a hearing (Art. 42). The lawsuit alleges this did not occur.
Article 3 of the Administrative Punishment Law provides that an "administrative penalty that is not imposed in accordance with law or in compliance with legal procedures shall be invalid."
The lawsuit demands revocation of the suspension, an apology from the Inner Mongolia PPB, and one yuan in monetary damages. A court official surnamed Li told AP, "Right now, it is roughly decided that the case will not be placed on file." Asia Times issued a report about the case on November 19 which did not indicate whether the court had accepted the case. Under Article 112 of China's Civil Procedure Law, a court must decide whether to accept and hear a case within seven days of a lawsuit being filed.
Lawsuits challenging China's media censorship are rare. Cui's lawyer told AP, "No one before has questioned the administrative legality of the press and publications management." A Reporters Without Borders spokesperson said the organization was not aware of any similar lawsuit filed by a Chinese newspaper in the past, AP reported. An official at the Inner Mongolia PPB told SCMP that any lawsuit brought by Cui should be directed against the national press and publication bureau instead of the Inner Mongolia PPB because the decision to suspend the paper came from higher-level officials. Chinese citizens have attempted to sue the national-level General Administration of Press and Publications (GAPP) in the past, with little success. After GAPP reportedly ordered eight books banned in January 2007, one of the book's authors filed a lawsuit to overturn the ban. Both the Beijing No. 2 Intermediate People's Court and Beijing High People's Court refused to hear the case. [For more information on the ban, see "Censoring Publications" in Section II - Freedom of Expression, in the Congressional-Executive Commission on China's 2007 Annual Report.]
China's restrictions on the media continue to prevent or delay publication of stories officials perceive to be negative. According to a September 29 Chinese Human Rights Defenders report, a news story about milk tainted with melamine was not published in July because of a ban on "negative" news stories before the start of the 2008 Beijing Summer Olympic Games. In September, Party propaganda officials ordered major financial Web sites not to publish "negative" reports regarding China's stock markets amid an economic downturn, according to a September 10 SCMP article (subscription required).
For more information on how the government and Party censor China's media, see Section II - Freedom of Expression, in the CECC's 2008 Annual Report.
| Source: -See Summary (2008-12-04 / English / Free) |
Posted on: 2008-12-20 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=113347 |
Local Governments Target "Illegal" Worship Sites and "Illegal" Religious Activities Throughout Fall
Local governments in China reported in fall 2008 on measures to prevent "illegal" religious gatherings and curb other "illegal" religious activities, continuing longstanding controls over religious practice in China. As noted in Congressional-Executive Commission on China (CECC) Annual Reports (see, for example, reports from 2007 and 2008), religious communities must apply to register with the government and must submit to state control over their affairs. Registered groups must receive government approval to establish sites of worship. Religious and spiritual groups that do not meet registration requirements and groups that choose not to submit to government control through registration risk harassment, detention, closure of sites of worship, and other abuses. At the same time, variations in government implementation of its policy toward religion have enabled a number of unregistered and unrecognized religious communities to operate in China. Reports from fall 2008 indicate, however, that such groups remain vulnerable to negative repercussions, as does any religious activity deemed illicit by implementing officials. Recent reports include:- Authorities in Hechuan district, Chongqing municipality have taken a series of measures aimed at curbing "illegal" religious sites, according to an October 14 report on the Hechuan district government Web site. The report outlined a series of "problems" spurring a six-month campaign starting in October to root out "illegal" venues for worship. Noting the district had 364 "illegal" Buddhist sites, 15 "illegal" Daoist sites, and 88 "illegal" Protestant sites, the report said that the people connected to "illegal" sites were mainly rural residents with a "low level of culture" and who lacked the capacity to differentiate the character of religion. The report also expressed concern about "anti-China political forces" using Christianity to infiltrate, and it criticized "superstitious" aspects of Buddhism and Daoism. The report outlined a five-point plan to address "illegal" sites:
- Merge unapproved religious sites with religious activity sites compliant with the rules. In cases of illegal sites, channel religious believers to legal sites.
- Carry out "transformation through reeducation" of members of unauthorized Protestant meeting places. Self-proclaimed preachers who meet certain requirements, such as willingness to submit to government oversight, may be channeled into the management sphere for volunteer religious preachers.
- For illegal sites not granted permission to become legal, demolish or change their use within a set time period.
- Ban Buddhist and Daoist temples and statues constructed without permission by "superstitious" figures and ban unauthorized Protestant meeting places. Have public security and other offices "strike hard" against those who persist in their activities and commit crimes.
- Approve sites that meet certain conditions.
- The Wuhan municipal government in Hunan province has drafted legislation on religion that includes a provision aimed at curbing citizens' freedom to gather for worship in private homes, according to a November 21 report on the Wuhan Municipal People's Congress Web site. As noted in the CECC 2007 Annual Report, although the central government states there are no registration requirements for religious gatherings within the home, public officials continue to target private gatherings and worship sites for closure, including house churches and unauthorized Buddhist and Daoist temples, mosques, Catholic meeting sites, and other worship sites. Some local government regulations have included provisions allowing citizens to "live a religious life" within the home but have not explicitly guaranteed the right of religious communities to hold worship services in homes and other private sites. In order to "solve" the problem of unauthorized religious gatherings, the Wuhan draft legislation stipulates that religious "members of the family" may engage in religious activities in the home, thereby excluding the possibility of wider participation.
- Work to "transform" and "expand the patriotism" of "underground Catholic forces" is one of the most important tasks of the Fuzhou city, Jiangxi province United Front Work Department (UFWD), according to a September 25 report from the Fuzhou Party Committee UFWD Web site. The UFWD is the Communist Party department that oversees religious communities in China. Noting that the problem of activities by "underground Catholic forces" is particularly acute and exerts a "severe negative impact on the social stability" of the city, the report also expressed concern about unauthorized Protestant preaching, the unauthorized construction of Buddhist temples, and the presence of "superstitious beliefs." The report called for strengthening the "united front" between the Communist Party and religious figures.
- The director of the central government's 6-10 Office, which monitors and suppresses organizations deemed to be "heretical" or "cults," called for strengthening the suppression of "cults" and increasing control over unauthorized Protestant sites during a visit to Siyang county, Suqian city, Jiangsu province, according to a December 8 report from the Suqian Party Committee UFWD Web site. A report on Suqian city's work to regulate religion, posted October 20 on the Jiangsu Ethnic Affairs Commission and Religious Affairs Bureau Web site, cited government statistics stating that 90 percent of participants in "cult" activities have a background in believing in Protestantism. (Elsewhere, government officials have equated some Muslim activity with cults, while continuing to apply the same label to Falun Gong. See a 2007 report from Jing (Jinghe) county, in the Xinjiang Uyghur Autonomous Region (XUAR), posted on the Jing Peace Net, calling for "striking hard" against the "infiltration and sabotage" activities of such "cults" as Falun Gong and the "Islam Liberation Party." See a CECC analysis for more information on recent repression of religion in the XUAR.)
The reports from local governments come amid overseas reports that authorities in China have carried out wide-scale closures of house churches and detained some participants. See two articles from December 3 (1, 2), and a December 4 article from the China Aid Association (CAA) for more information. Authorities have also continued their harassment of house church leaders, including Zhang Mingxuan, whom authorities detained on multiple occasions in the past year. Henan province officials gave Zhang an order issued by the Ministry of Civil Affairs on November 28 that bans Zhang's Chinese House Church Alliance, according to a November 29 report from CAA. As authorities continue to link some forms of Protestant practice to "cult" activities, on October 30, authorities in Neixiang county, Henan province, sentenced house church leader Zhu Baoguo to one year of reeducation through labor after accusing him of leading an "evil cult," according to November 18 and December 2 CAA reports. He was released on medical parole on December 2, as noted in the December 2 report. Wang Weiliang, serving a three-year sentence for protesting a church destruction, received release on medical parole on November 25, according to the same report.
For more information on religious freedom in China, see Section II--Freedom of Religion, in the CECC 2008 Annual Report.
| Source: -See Summary (2008-12-04 ) |
Posted on: 2008-12-20 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=114923 |
Inner Mongolia Legal Provisions Include Focus on Ethnic Minority Women
The Inner Mongolia Autonomous Region (IMAR) government has included focus on ethnic minority women in recent legislation on women's rights, but its impact may be limited given a track record across China of weak implementation of provisions to protect both women's rights and ethnic minority rights. The IMAR implementing measures for the national Law on the Protection of the Rights and Interests of Women (IMAR implementing measures), adopted November 14, 2008, and effective March 1, 2009, include three articles with provisions on ethnic minority women. While the provisions are generally more protective than those included in national law and the implementing measures of other ethnic autonomous regions (see below for a comparison), the implementing measures do not incorporate other protections in the 1995 IMAR supplementary provisions to the national law, which the implementing measures appear to supersede.
The IMAR implementing measures include the following provisions:- Article 8 promotes the training, selection, and employment of women cadres, "especially ethnic minority women cadres," by state offices, social organizations, and enterprises, a provision similar to that in national law (see analysis below) and some other provincial-level legal measures.
- Article 11 calls for special consideration in the recruitment of female ethnic minority students.
- Article 15 calls for preferential job hiring for ethnic minority women, where all female candidates have the same qualifications, and preferential recruiting in exams for government jobs where candidates have the same qualifications.
In contrast, the 1995 supplementary provisions had five provisions that included mention of ethnic minority women, including a stipulation to guarantee their participation in people's congresses (article 5), a stipulation providing moderate protections for their participation in employees representative meetings (article 7), protections for the freedom of women of all ethnicities to use their languages and preserve or change their customs (article 8), and articles on the training and selection of cadres (article 6) and on preferential job hiring for ethnic minority women, where all female candidates have the same qualifications (article 15). Although the national Regional Ethnic Autonomy Law includes various protections for local languages and cultures, it lacks specific attention to ethnic minority women except in the training of cadres (article 22). As noted in the Congressional-Executive Commission on China 2008 Annual Report, ethnic minority women are among populations who face extra vulnerabilities when defending their rights.
While altering protections in the 1995 provisions, the IMAR implementing measures also include protections not present in other parts of China, including in China's four other ethnic autonomous regions. At the same time, the IMAR implementing measures lack specific provisions on ethnic minority women's participation in local people's congresses and in leadership roles at certain levels of government, present in some other regions. (For a comparison with legal measures from other autonomous regions, see articles 12 and 14 of implementing measures from the Ningxia Hui Autonomous Region, article 6 of implementing measures from the Xinjiang Uyghur Autonomous Region, and article 6 of the Guangxi Zhuang Autonomous Region. Implementing measures from the Tibet Autonomous Region do not have provisions specifically on ethnic minority women but have several provisions that refer to "each ethnicity." See articles 1, 2, 5, 7, 8, and 9.) The national Law on the Protection of the Rights and Interests of Women contains one provision providing that the state "attaches importance to the training and selection of ethnic minority women cadres" (article 12), within an article devoted to training and selecting women cadres. It also notes that women's organizations in China protect the rights and interests of women of all ethnicities (article 7) and states that governments in ethnic autonomous areas can pass alterations to national law or supplementary provisions to suit conditions for women in ethnic groups in those areas (article 60). Outside of autonomous regions, some provincial-level implementing measures, such as from Guangdong and Jilin provinces, do not include any mention of ethnic groups or ethnic minority women. Other provinces, such as Sichuan (article 10) and Guizhou (article 11), have provisions on training ethnic minority women cadres. Others, such as Shanghai (article 7) and Shanxi (article 6), include general mention of women of all ethnicities.
While the IMAR implementing measures represent more detailed protections for ethnic minority women than protections in many other local legal measures--even as the IMAR measures cut back on some protections in the 1995 supplementary provisions--their potential impact remains unclear. As noted in the CECC 2007 and 2008 Annual Reports, vague language and weak implementation have hindered the effectiveness of legal protections both for ethnic minorities and for women. As also discussed in the reports, policies implemented in the IMAR have threatened the protection of local ethnic minority cultures. At the same time, as women in China have made some advances in using the legal system to defend their rights, stronger protections for ethnic minority women within legislation could provide a basis for stronger protections in practice.
For more information on conditions for ethnic minorities in China, including in the IMAR, and on the status of women, see Section II--Ethnic Minorities and Section II--Status of Women in the CECC 2008 Annual Report.
| Source: -See Summary (2008-12-03 / English) |
Posted on: 2008-12-20 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=114890 |
State-Controlled Church Continues To Align Protestant Doctrine to Communist Party Policy
The state-controlled Chinese Protestant church marked the 10th-year anniversary of a program of theology that aligns Protestant doctrine to Communist Party policy, according to several November 2008 reports from the State Administration for Religious Affairs (SARA). As noted in the Congressional-Executive Commission on China 2008 Annual Report (via the Government Printing Office Web site), the state-controlled Three-Self Patriotic Movement (TSPM), which leads the registered Protestant church in China, suppresses denominational differences among Protestants and imposes a Communist Party-defined program of "theological construction" on registered churches. "Theological construction," according to one TSPM official, is intended to "weaken those aspects within Christian faith that do not conform with the socialist society."
The formulation of state-controlled theology sheds light on ongoing tensions between the Chinese government's policy of control over religion and Chinese Protestants' right to interpret their own faith. A report describing "theological construction," posted November 19 on the SARA Web site, outlined the perceived problems in Chinese Protestants' beliefs that served as an impetus for the state-led theology. Such problems included Protestants "despising the laws and regulations of the state due to 'obedience to God and not to humans'"; "unilaterally emphasizing things of the spirit and slighting rationality," leading some toward "fanaticism" and "superstition"; caring only about personal salvation and neglecting social responsibility; forms of heterodoxies and cults that "distort" Protestantism; and infiltration by foreign groups that harm the Chinese Protestant church's independence. According to the report, if not promptly addressed, these perceived problems would make it hard to raise the "quality" of Protestants and hinder the alignment of the church to socialist society. After 10 years of directing Protestant theology through "theological construction," authorities reported on the success of the theology in addressing issues such as eliminating certain "biased, backward, and parochial" viewpoints among Protestants, strengthening church members' sense of responsibility to the state and society, and "greatly heightening" Protestants' understanding of protecting social stability, ethnic unity, and the "unification of the motherland." The report concluded with plans to deepen the promotion of "theological construction."
During a speech at a 10th-year anniversary meeting on "theological construction," posted November 19 on the SARA Web site, government official Wang Zuo'an, the Deputy Director of SARA, put forth suggestions on carrying forth "theological construction." Noting that "theological construction" had already "enlightened" some believers, leading them away from focusing only on the "narrow belief" of personal salvation, Wang emphasized the importance of Protestants establishing ties to the "motherland" and to society. He also stressed the importance of sinicizing Protestant doctrine.
In late 2008, SARA officials also examined the Communist Party theories underpinning their own work regulating religion. SARA Director Ye Xiaowen, speaking at a study session advancing the concept of "exploring harmonious religious theory, establishing harmonious sites of worship," called for deepening study of Marxist and Communist Party viewpoints toward religion and "keeping tabs" on religious leaders, religious activity, and sites of worship, according to an article posted November 3 on the SARA Web site. The report comes amid other accounts of similar meetings and training sessions held by SARA officials. Like the meeting discussed in the November 3 article, these training sessions also emphasized the importance of integrating the Communist Party concept of "scientific development" into the government's work on religion. See articles from October 29, October 30, and November 24, all posted on the SARA Website.
For more information on religion in China, see Section II--Freedom of Religion in the CECC 2008 Annual Report.
| Source: -See Summary (2008-12-02 ) |
Posted on: 2008-12-20 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=114819 |
Xinjiang Authorities Continue Security Measures, Propaganda Campaigns
Authorities in the Xinjiang Uyghur Autonomous Region (XUAR) have continued to promote restrictive security measures and widespread propaganda campaigns throughout fall 2008, according to various reports from the region. As noted in the Congressional-Executive Commission on China 2008 Annual Report (via the Government Printing Office Web site), repression increased in the region earlier in the year amid preparations for the 2008 Beijing Summer Olympic Games, limited reports of terrorist activity, and protests among Tibetan and Uyghur communities in China. In the aftermath of these events, XUAR government chairperson Nur Bekri outlined in September increased measures to "strike hard" against perceived threats in the region, casting blame on U.S.-based Uyghur rights activist Rebiya Kadeer and "western hostile forces." The same month, XUAR Communist Party Secretary Wang Lequan described plans to launch regionwide anti-separatism education later in the year. (See copies of Nur Bekri's and Wang's remarks (1, 2), both posted on September 11 on Tianshan Net.) The XUAR government has long equated some expressions of ethnic identity, peaceful dissent, and religious practice with separatism or other perceived threats to stability, spurring harsh security campaigns in the region and wide-scale rights abuses. Measures reported in the fall include:
Widespread Security Measures and Anti-Separatism Campaigns
Both central and local government authorities called for intensifying security measures and promoting anti-separatism campaigns. Reports include:- In a visit to Kashgar in late September, Ismail Tiliwaldi, Vice-Chair of the National People's Congress Standing Committee, called on officials to strengthen stability work, implement preventative measures, and recognize the notion that stability "is above all else," according to a September 27 Xinjiang Daily report. At a meeting on anti-separatism reeducation held by the XUAR procuratorate on December 1, a procuratorate official also called on officials to recognize that stability "is above all else," according to a December 3 article from the Xinjiang Legal Daily.
- Authorities in the Ili Kazakh Autonomous Prefecture continued to implement a prefecture-wide "Oppose Separatism, Safeguard Stability" campaign. (See the CECC 2008 Annual Report for earlier reports on the campaign.) Ghulja (Yining) city's mayor said the city would deepen the campaign, according to an October 15 report on the Ili News Net. In Qorghas (Huocheng) county, in Ili, authorities reported positively on stability work, noting that within the year, the government had uncovered three cases of "inciting separatism" and seven cases of "using superstition to undermine implementation of the law" and had eliminated a "holy war" training class, according to a November 4 report also from the Ili News Net. The article gave no further details on the "inciting separatism" charges, but XUAR authorities in the past have imprisoned people on similar charges based on peaceful forms of expression.
- At an October 21 meeting devoted to a two-month phase of anti-separatism reeducation activities, Urumqi Communist Party Committee Secretary Li Zhi called on the government and Party to strengthen the battle against separatism and resolutely stop "illegal religious activities," according to an October 22 report on the China Xinjiang Web site.
Campaigns Targeting Students and Schools
Schools continued to enforce anti-separatism education throughout the fall, according to reports from various government Web sites. Anti-separatism education has included emphasis on the "Three Upholds, Two Opposes," a campaign calling for safeguarding the "unification of the motherland," ethnic unity, and social stability, and opposing ethnic separatism and "illegal religious activities." (See a report posted February 22, 2008, on the Turpan Party Construction Web site for a description of anti-separatism education earlier in the year and a definition of the "Three Upholds, Two Opposes.") Recent reports of measures targeting students and educational staff include:- At an October 6 meeting, XUAR Communist Party Committee Standing Committee Member Erkinjan Turaxun described the region's education system as an "important front" against separatism and called on teachers and cadres to strengthen their sense of responsibility and urgency in work against separatism and "infiltration," according to an October 8 report from the Xinjiang Daily.
- A township in Maralb└shi (Bachu) county, Kashgar district, described work to integrate the "Three Upholds, Two Opposes" into the curriculum, create guidelines for "restraining" and evaluating teachers, and promote education in topics including atheism, as part of the local school system's anti-separatism education, according to a November 11 report from the Xinjiang Peace Net. Authorities throughout Maralb└shi county have strengthened educational policies to guard against "ethnic separatism" and "illegal religious activities," according to a November 7 report from the Kashgar district government Web site. Under the leadership of the county's Communist Party secretary, authorities have prepared educational materials to advance the "Three Upholds, Two Opposes," requiring each classroom to hold at least one class per week on the topic.
- In October, authorities in Qaramay city launched a six-month period of anti-separatism education activities, according to a November 13 report from the Qaramay government Web site. According to the city's education bureau, the "three forces" of separatism, terrorism, and extremism had targeted schools for infiltration in recent years, and some students had participated in "extremist" religious groups and separatists groups, the article reported.
- The Communist Party branch and state-controlled labor union at a middle school in Qorghas county, Ili Kazakh Autonomous Prefecture, organized a ceremony on November 10 to have staff pledge loyalty to Communist Party policy on education, fight the "three forces" and resist "reactionary forces," according to a November 13 report on the Ili News Net.
Controls over Religion
Authorities have continued to ratchet up control over religious communities. As noted in the CECC 2008 Annual Report, local governments monitor sites of worship, and state-controlled Islamic Association branches throughout the XUAR align doctrine to government and Communist Party policy. Recent reports include:- XUAR Communist Party Committee Standing Committee Member Shawket Imin called on Communist Party cadres from the United Front Work Department to take measures including strengthening "leadership" and "education" of religious people, strengthening cultivation and training of religious leaders, and curbing unauthorized religious pilgrimages and "illegal religious activities," according to an October 17 report from the Xinjiang Daily.
- The Qaramay city government implemented a system requiring high-level officials to make contact with and maintain oversight of mosques and religious figures, according to a November 19 report from the Qaramay government Web site. As noted in the CECC 2008 Annual Report, other local governments also have described implementing similar programs of fixed contact and oversight of mosques and leaders. (For detailed information on the program of contact and oversight known as the "two-point system," see, e.g., a July 4 report posted on November 12 on the Awat county government Web site, describing implementation of the system and listing plans to expand it in 2009 as part of a series of measures to tighten control over religion.)
- Authorities in Hoten district held anti-separatism reeducation training for Communist Party United Front Work Department officials who work on religious issues to strengthen their capacity to "manage" religious work and carry out activities to "expose and condemn" Rebiya Kadeer and the "three forces," according to an October 16 report on the Hoten district government Web site.
For more information on conditions in Xinjiang, see Section II--Freedom of Religion and Section IV--Xinjiang in the CECC 2008 Annual Report.
| Source: -See Summary (2008-12-02 ) |
Posted on: 2008-12-20 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=114791 |
China's Anti-Trafficking Efforts Remain Inadequate One Year After Government's Release of National Action Plan
The Chinese government's anti-trafficking response remains inadequate and noncompliant with international standards one year after the State Council issued the National Action Plan on Combating Trafficking in Women and Children (2008-2012) on December 13, 2007, (English version via the United Nations Inter-Agency Project on Human Trafficking in the Greater Mekong Sub-region's China Office, or UNIAP China).
The Chinese government has not yet ratified the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (TIP Protocol) although it has stated its intention to do so, as reported in the state-run China Daily on October 24, 2008. China's legal definition of trafficking does not reflect current conditions in China or international standards. Even though the government has been able to use Article 240 of the Criminal Law to punish traffickers and Article 244 to punish employers who use forced labor, the law does not recognize the crime of trafficking of men, who often fall victim to labor trafficking, according to the UNIAP's SIREN Human Trafficking Data Sheet in September 2008.
The International Labour Organization in 2006 found little awareness of trafficking among potential victims, their families, and the authorities, according to an April 2006 report (page 13). During 2007, reports described awareness campaigns initiated by the media and government agencies, according to China Radio International and Trafficking Prevention in China (a joint project by the International Labour Organization and All China Women's Federation to prevent trafficking in girls and young women for labor exploitation within China). In spite of these efforts, the government's limited protection mechanisms continue to pose challenges to rescued victims, as noted in the U.S. Department of State's 2008 Trafficking In Persons Report. China's weak response to human trafficking is further evidenced by lenient punishment of public officials, as the Commission previously has reported.
Although China's anti-trafficking efforts have been limited, training and capacity building in law enforcement and government offices has increased since the adoption of the National Action Plan in December 2007. The Ministry of Foreign Affairs held an international conference in Beijing on China's ratification of the TIP Protocol and strengthening China's anti-trafficking legal framework, involving high-level government officials and UN agencies, as reported by the UNIAP China on October 24, 2008. A November 2008 official document presented by the Chinese delegation in Vientiane, Lao People's Democratic Republic, China's Brief Report on Achievements During the First Year of Phase III of UNIAP Project, reported on other efforts by the Chinese government to combat trafficking, including bilateral law enforcement meetings with Burma (Myanmar) and Vietnam in February to enhance cross-border cooperation, and issuance of three provincial anti-trafficking action plans. Furthermore, the first Inter-Agency Taskforce meeting was held in November since the Taskforce's inception in December 2007, and a joint campaign was carried out by eight Ministries and Party organizations to prevent labor trafficking in June and July of this year.
It is unclear to what extent the five-year National Action Plan will strengthen the government's anti-trafficking efforts when other government policies that are root causes of human trafficking remain serious concerns in China. These policies include the household registration (hukou) system that leaves migrants vulnerable to trafficking, the population control policy, and the preference for sons that contribute to trafficking for forced or abusive marriages and false adoption or sale of infants. (See Section II-Human Trafficking in the Commission's 2008 Annual Report for the discussion of the root causes of human trafficking in China.)
See previous Commission analyses for more information on China's National Action Plan on Human Trafficking, including Infant Trafficking From the Earthquake Zone and Other Cases Reflect Anti-Trafficking Challenges, China's Long-Awaited Action Plan on Trafficking Aims To Provide "Sustainable Solutions", and Section II-Human Trafficking in the Commission's 2008 Annual Report.
| Source: -See Summary (2008-12-02 / English) |
Posted on: 2008-12-20 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=114792 |
Authorities Pressure Lawyers, Prevent Courts from Handling Milk Cases
According to a September 22 Takungpao article and an October 16 New York Times (NYT) article, Chinese lawyers in Beijing and the provinces of Hebei and Henan reported that officials have pressured them not to take cases related to milk powder tainted with the toxic chemical melamine, the widespread sale of which was revealed to the public in September 2008. The major dairy producer Sanlu has been at the center of the scandal, which has led to the deaths of at least four infants and sickened at least 53,000 children, according to the NYT article. While many lawyers have agreed to handle such cases, Chinese courts have been reluctant to accept them. On October 30, an International Herald Tribune article reported that courts had received submissions for at least twelve individual lawsuits, but had not accepted any of them. According to the Chinese financial news source JRJ.com on November 22, Chinese courts have yet to accept a single lawsuit related to tainted milk powder. Sichuan Online reported on October 31 that the Xinhua District Court in Shijiazhuang cited instructions from a higher court to not accept any Sanlu compensation cases for the time being. According to the article, the Xinhua District Court said it had to wait for the government's compensation plan.
Reported Incidents of Official Pressure On Lawyers
- September 14 - According to an anonymous lawyer quoted in Takungpao's report, officials in Hebei province reportedly told a group of lawyers to stay away from milk cases, emphasizing the government's role in remedying the situation as well as the need to ensure stability. According to the lawyer, authorities mentioned that the consequences for taking Sanlu compensation cases would "not simply be a matter of job loss."
- September 27 - According to the October 16 NYT article, Henan judicial bureau officials met with a group of lawyers and instructed them to report to the government if they decided to take a milk case, emphasizing requirements that lawyers tell the government about cases involving "many people or delicate issues." According to the NYT report, at least 24 lawyers, 20 from Henan alone, have removed their names from a nationwide volunteer list consisting of more than 100 lawyers willing to provide legal counseling to parents.
- September - According to NYT, the Beijing Lawyers Association reportedly dissuaded lawyers from filing lawsuits in tainted milk cases, especially if the suits were on behalf of plaintiffs from more than one province. The association also instructed lawyers not to publish briefs online.
Despite official pressure, demand is high for legal assistance with milk powder compensation claims, and lawyers have demonstrated broad willingness to accommodate victims' needs. The October 16 NYT article, citing human rights lawyer Li Fangping, reported that volunteer lawyers already had fielded more than 1,200 calls from parents. Xinhua articles from September 14 and October 7 reported that lawyers from Beijing, Tianjin, Henan, Hubei, Hunan, Anhui, Shandong, Shaanxi, Jiangsu, and Ningxia carried out activities including distributing materials to answer basic legal questions and visiting local hospitals to give advice. A September 18 article on the Ministry of Justice Web site (link no longer available) reported that lawyers at a meeting of the Shenzhen City Lawyers Association called for providing free legal services to victims. According to the October 7 Xinhua article, some lawyers were considering class-action lawsuits due to the difficulties that individual families face in collecting necessary evidence. On November 13, the Washington Post reported that 15 lawyers representing nearly 100 families decided to go forward with plans for a class action lawsuit against dairy producer Sanlu. As of the November 22 JRJ.com report, the lawyers were waiting for the results of negotiations with Sanlu before filing their case with the Hebei High People's Court.
Some lawyers have attributed official pressure to the potential that large-scale legal action could uncover collusion between defendants and high-level government officials. The October 16 NYT article quoted Beijing lawyer Teng Biao as saying that the crisis "involves many officials from authorities in the city of Shijiazhuang up to the central government. It involves media censorship, the food quality regulatory system and the corrupt deal between commercial merchants and corrupt officials." Others have noted official concerns regarding a class-action lawsuit's potential for disrupting social stability. NYT quoted Professor Zhang Xinbao as saying, "They don¨t want to see so many people getting involved in one lawsuit. This might threaten social stability." Official explanations have focused on the likelihood that uncertainties in China's judicial regulations and relevant product safety legislation would lead to failures in compensating the families in need. An October 20 Xinhua editorial notes that it would be "incredibly difficult to provide adequate compensation" under the 2007 draft Food Safety Law under deliberation, which places proportional limits on the damages a plaintiff can recover in a product liability suit. In addition, the editorial notes that current regulations prompt courts to split class action suits into many individual cases, making the judicial process "incompatible with class action lawsuits." One Supreme People's Court judge has argued that China's cultural environment does not allow judges to prescribe discretionary legal remedies. At a conference addressing the legal problems of the milk crisis, transcribed by China Civil and Commercial Law Net, Judge Chen Xianjie said, "In China's cultural traditions and public opinion atmosphere ´ it has never been permitted that judges make discretionary judgments because it appears to others that such are completely arbitrary."
For more information see Section III--Access to Justice, in the Congressional-Executive Commission on China's 2008 Annual Report, and Section III--Impact of Emergencies: Food Safety, Product Quality, and Climate Change, in the Congressional-Executive Commission on China's 2007 Annual Report.
| Source: -See Summary (2008-11-26 / English / Free) |
Posted on: 2008-12-20 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=114082 |
Xinjiang Work-Study Programs Continue; Cotton-Picking Activities Limited
The Xinjiang Uyghur Autonomous Region (XUAR) government continued this year to force students to participate in controversial "work-study" programs, but have restricted students in junior high school and lower grades from participating in cotton-picking activities. According to a September 19 Tianshan Net article, the XUAR Department of Education issued a circular this fall stopping all students enrolled in the state's compulsory nine years of elementary and junior high school education from picking cotton in work-study programs. The XUAR government discontinued this form of work-study because central government funding for rural compulsory education, which doubled in 2008 over the previous year, meets XUAR schools' funding needs, according to the report. As previously noted by the Congressional-Executive Commission on China, work-study programs in the XUAR have been used to generate income for local schools and meet local harvesting quotas. As the CECC reported in 2006, XUAR authorities prohibited elementary school students from picking cotton starting in 2006, but did not extend the prohibition to junior high school students. Overall participation in work-study programs to pick cotton reportedly decreased in 2007. Based on information in the Tianshan Net report, the fall circular appears to leave intact other forms of work-study activities for elementary and junior high school students. The fall circular appears to leave high school, college, and technical school students to continue picking cotton in work-study programs.
Although the Tianshan Net article reported that local governments are to strictly implement the circular, its effectiveness is unclear, as at least one city in the XUAR is still making junior high school students pick cotton this year, according to information posted October 9 and 10 on a government message board in Wusu city, Tarbaghatay district. In response to a parent's complaint, the Wusu Education Bureau stated that the XUAR government permitted localities throughout the XUAR to mobilize junior high school students to help pick cotton because of a shortage of laborers. A parent in Wusu said that children in junior high school reportedly were being made to pick cotton for sixteen days, two days more than the fourteen days per school year allowed under general work-study programs, according to another message posted October 9 on the same message board. A circular issued September 16 by the Poskam (Zepu) County Education Bureau, in Kashgar district, called for local schools and education offices to strictly abide by the XUAR Education Department circular ending cotton-picking activities by elementary and junior high school students and did not mention at that time the shortage of cotton workers discussed later by the Wusu Education Bureau.
As the CECC has previously analyzed, the XUAR work-study programs contravene China's obligations as a State Party to the International Labor Organization Conventions 138 and 182 and the Convention on the Rights of the Child. The prohibition on young students participating in cotton-picking activities alone does not bring China into compliance with these conventions because schools may still require students to work on other labor projects in work-study programs that are not an "integral part" of their courses of study, contravening Convention 138, and that expose them to physical harm. The Poskam circular anticipates the risk of injury to students in work-study programs by requiring schools to have accident insurance and implementing accident-reporting requirements.
For additional information on work-study programs, see Section II-Worker Rights and Section IV-Xinjiang in the 2008 CECC Annual Report (via the Government Printing Office Web site).
| Source: -See Summary (2008-11-19 ) |
Posted on: 2008-12-20 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=113509 |
Xinjiang Authorities Recruit More Teachers for Mandarin-focused "Bilingual" Education
The Xinjiang Uyghur Autonomous Region (XUAR) government recently announced steps to increase the number of "bilingual" elementary school and preschool teachers in the region, according to several reports from XUAR media. As noted by the Congressional-Executive Commission on China in its 2008 Annual Report (via the Government Printing Office Web site), educational policies described as "bilingual" by the XUAR government have placed primacy on Mandarin Chinese, undercutting provisions in Chinese law to protect ethnic minority languages and promote their use in XUAR schools. The XUAR's "bilingual" education policies have affected the career prospects of ethnic minority teachers, who face Mandarin language skill requirements if their primary teaching language is an ethnic minority language. Under the government's "bilingual" programs, monolingual Mandarin-speaking teachers are not required to learn ethnic minority languages.
Among the steps to increase "bilingual" teachers is the recruitment of 15,600 "bilingual" elementary school teachers between 2008 and 2013, based on a plan issued in August by the XUAR government, according to a September 24 Xinjiang Daily article. The plan aims to address the problem of students who received "bilingual" preschool education who are unable to continue ^bilingual" schooling due to a shortage of "bilingual" teachers in elementary schools, according to the report. A XUAR Communist Party official cited in the article called for authorities to ensure the "political education" of newly recruited teachers. On November 7, Xinhua reported that 10 colleges and universities in the interior of China would send students to the XUAR next spring to assist XUAR schools and address the shortage of "bilingual" teachers. Since late 2006, 13 colleges and a teacher training school inside the XUAR have dispatched 6,000 students to work in schools without an adequate number of "bilingual" teachers, the article reported.
These steps come amid plans to bolster "bilingual" teacher training at the preschool level. According to an October 7 Tianshan Net report, 573 graduates of junior high schools in the southern XUAR will receive two years of free "bilingual" teacher training. In the first year of training, the program will focus on "strengthening [students'] political quality" and Mandarin skills. Training participants will teach on-site in their second year and then take up employment at "bilingual" preschools. The training aims to address the need for nearly 11,500 preschool teachers by 2012, to serve a target of 438,200 students enrolled in "bilingual" preschool education, according to the report.
The recent steps to increase the number of ^bilingual ̄ teachers advance policies set forth in documents including a March 2008 opinion (via the XUAR government Web site) on "bilingual" teacher training and a May 2008 draft opinion (via the XUAR Education Department) aimed at bolstering "bilingual" education. The March opinion describes the structure of the government's two-year program for training "bilingual" teachers. The May draft opinion includes the strengthening of teacher training in broader plans for expanding "bilingual" education. For additional information on "bilingual" teacher training for local ethnic minority teachers, see, for example, a June 2008 circular (via the XUAR Education Department). The June circular says that teachers who receive training should "in principle be below 35 years of age." It also requires that participants have "higher" political consciousness and hold appropriate viewpoints toward religion, ethnicity, and the Marxist state, as well as hold loyalty to the Communist Party. The May draft opinion calls for giving "appropriate placements" to older teachers with poor Mandarin skills and for not allowing teachers without "bilingual" teaching skills to enter the teaching force.
For more information on conditions in the XUAR and on "bilingual" education, see Section IV--Xinjiang, in the 2008 CECC Annual Report, including the section's addendum on "bilingual" education.
| Source: -See Summary (2008-11-12 / English) |
Posted on: 2008-12-20 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=113967 |
Execution of Chinese Prisoner May Proceed In Spite of Alleged Procedural Irregularities
Wo Weihan, a Chinese citizen, was detained in January 2005 and sentenced on May 27, 2007, by the Beijing No. 2 Intermediate People's Court to execution on charges related to military espionage for Taiwan and endangering state security, according to press reports (see November 22 Reuters report, for example). On March 24, 2008, the Beijing High People's Court affirmed the conviction and death sentence. Under Chinese law, Mr. Wo's sentence was subject to final review by China¨s Supreme People's Court. Mr. Wo¨s daughter was quoted in a November 26 Agence France-Presse report as saying that she has been told by a Chinese court official that her father's "death sentence has been confirmed by the Supreme Court, so the execution could be very soon....We think it could be tomorrow (Thursday)." The Washington Post on November 26 reported word of a possible delay, but also reported that, after Mr. Wo's daughter and wife meet with him on the morning of November 27, the execution could proceed at any time.
Accused of providing Taiwan information about Chinese missiles and the health of China's senior leaders, Mr. Wo allegedly confessed, but later recanted, saying his confession was coerced, according to his family and others, as reported in the international press (see November 26 Los Angeles Times report, for example). The Chinese government regards the health of its leaders as a "state secret." The Los Angeles Times report cites claims that authorities denied Mr. Wo access to a lawyer for 10 months following his arrest, and that evidence used against him was not made available for his defense. Other reports have noted alleged procedural irregularities and questions that have been raised about whether Mr. Wo received a fair trial in accordance with international standards.
According to an April 22 report in the Los Angeles Times, a spokesperson for the U.S. Embassy in Beijing was quoted last April as saying: "(w)e stressed that there are serious questions regarding the proceedings used to convict Wo and urged a full and fair review of the lower court decision....The embassy has further called for any future proceedings to be conducted in a manner that is both transparent and consistent with Chinese law and international human rights norms." According to a November 26 Associated Press report, the U.S. Embassy in Beijing issued a statement saying, "(w)e have expressed repeatedly and at high levels our serious concern about the lack of transparency and due process regarding Mr. Wo's case," and further indicated that it is "deeply disturbed" by reports of the approval of Mr. Wo's execution, describing his sentence as "disproportionately severe." Diplomats from the United States, France, Austria, and the Czech Republic have urged the Chinese government to reconsider Mr. Wo's fate, the Los Angeles Times reported on November 26.
Mr. Wo's family learned on November 25 that they had been granted permission to visit him on November 27. They have been unable to visit him since 2005.
As noted in the Commission's recently-released 2008 Annual Report, the Chinese government treats the number of executions it carries out as a "state secret." For further information on the death penalty, state secrets, and related issues in China, see "Capital Punishment," "Fairness of Criminal Trials," "Access to Counsel and the Right to Present a Defense," in Section II - Rights of Criminal Suspects and Defendants, and Section II C Freedom of Expression in the Commission's 2008 Annual Report.
UPDATE (2008-12-02): The Chinese government executed Mr. Wo on November 28, the day after his first visit with his family since 2005, as reported in the Associated Press, Bloomberg, and the Washington Post.
According to a November 28 declaration by the Presidency on behalf of the European Union, "(t)he European Union condemns in the strongest terms the execution of Wo Weihan." The United States was "deeply disturbed" by the execution and noted that China¨s handling of the case appeared to have fallen "far short of international standards for due process," according to a U.S. State Department spokesperson as quoted in a December 1 Associated Press report.
The Chinese government expressed ^strong discontent and resolute opposition ̄ to the international reaction to the execution saying in direct response to the EU statement that "(t)he accusation against the Chinese judiciary is a direct interference in China's judicial sovereignty, tramples the spirit of the rule of law and undermines the basis of healthy development of bilateral talks on human rights," according to a statement by a Foreign Ministry spokesperson on December 1 and reiterated in a December 2 report in the state-run China Daily.
| Source: -See Summary (2008-11-26 ) |
Posted on: 2008-12-19 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=114566 |
Authorities Restrict HIV/AIDS Activism While the Epidemic Spreads
Although the Chinese government has developed an anti-AIDS policy framework, civil society engagement remains a major challenge in the fight against the epidemic, according to an October 8 article written by the Executive Director of the United Nations Joint Programme on HIV/AIDS (UNAIDS) published in the state-run China Daily. As of October 2007, an estimated 700,000 new HIV infections reportedly had occurred in China since 2006, representing an 8-percent increase, according to Chinese and UN official statistics cited in the scientific journal Nature's new study (subscription required) released on October 2, 2008. Among those newly infected, the study reported that men who have sex with men and women in general had the highest rate of growth.
The Chinese government restricts HIV/AIDS activism through frequent harassment and crackdowns on HIV/AIDS advocates and non-governmental organization (NGO) Web sites. (See a previous Congressional-Executive Commission on China analysis for more information.) Even in cases where infections resulted from official malfeasance, local officials use extra-legal detention or reeducation through labor to prevent people living with HIV/AIDS from seeking government assistance or using official grievance procedures. (See Section II-Public Health and Section III-Access to Justice-Citizen Petitioning in the CECC's 2008 Annual Report for more information.)
An October 14 Aizhixing survey (subscription required) of 106 people living with HIV/AIDS included the following findings:
Almost all of those who sought some form of redress considered filing lawsuits against the hospitals from which they received HIV-infected blood, but only 73.6 percent actually did. Petitioners, those who used the official "Letters and Visits" (xinfang or shangfang) system, cited insufficient financial means, lack of confidence in the court system, or the court's refusal to accept their application to file lawsuit as reasons for not bringing suit.
Approximately 80 percent of the petitioners indicated that officials had intercepted their visits to authorities and either forced them to return to their homes, subjected them to extra-legal detention in hotels or police stations, or placed them under house arrest. Threats against petitioners or their families, blocking meetings with officials, and the imposition of reeducation through labor sentences were also reported.
Nearly one quarter of the petitioners who took their petitions to higher-level government offices through official grievance procedures reported receiving compensation.
HIV/AIDS patients who have faced government harassment for their seeking redress include, for example:
Li Xige, Henan province: Contracted HIV/AIDS through a blood transfusion when giving birth in 1995. Li's two daughters were also infected with HIV, one of whom died in 2004. Since 2005, the Henan government has detained or harassed Li for petitioning the government for compensation. According to an October 6 Radio Free Asia report, the government resumed 24-hour surveillance of Li in September.
Zhu Bingjin, Jilin province: Contracted HIV/AIDS while selling his blood during the early 1990s. Zhu organized others who were infected through selling blood to express their grievances and seek redress from the blood collection station. According to the survey, authorities have placed Zhu under house arrest twice since 2003, sentenced him to one year of "reeducation through labor," and placed him under administrative detention for 35 days for his petitioning activities.
For more information on the Chinese government's restrictions on HIV/AIDS activism, see the CECC's previous analysis, China Continues to Crack Down on HIV/AIDS Web Sites and Activists, and the CECC 2008 Annual Report, Section III-Civil Society and Section II-Public Health.
| Source: -See Summary (2008-10-23 / English) |
Posted on: 2008-11-25 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=113178 |
Message from the Chairman and Co-Chairman
The Congressional-Executive Commission on China adopted its 2008 Annual Report on October 31 by a vote of 22 to 1. The Commission also published a new compilation of case records providing details on 1,088 political prisoners detained or imprisoned in China as of the time of the Annual Report¨s release.
The findings of this year¨s Annual Report prompt us to consider not simply what the Chinese government and Communist Party may do in the months and years ahead, but what the United States must do differently in managing our relationship with China in light of developments over the last year. In spite of what the Chinese government has written into its laws and regulations, China¨s leaders in practice have failed to keep their international commitments, including commitments to WTO norms and other international economic norms, to human rights, including worker rights, to the free flow of information and other safeguards of the rule of law.
We understand that China today is significantly changed from the China of several decades ago, and that the challenges facing its people and leaders are complex. But the Chinese government¨s and Communist Party¨s continuing crackdown on China¨s ethnic minority citizens, ongoing manipulation of the media, and heightened repression of lawyers and human rights defenders reveal a level of state control over society that is incompatible with the development of the rule of law and the advancement of human rights. The Chinese government and Communist Party continue to equate citizen activism and public protest with "social instability" and "social unrest." China¨s increasingly active and engaged citizens are its most valuable resource for addressing the myriad public policy problems China faces, including food and drug safety, forced labor, environmental degradation, and corruption. Engaging activist citizens, not repressing them, is the key to effective implementation of basic human rights, and to the ability of all people in China to live under the rule of law.
As this newsletter goes to press, new reports have emerged of child labor and other abuses, and heightened surveillance and censorship of individuals and NGOs. These developments underline how vital it is that the United States in its relationship with China pursue the issues that are the charge of this Commission: individual human rights, including worker rights, and the safeguards of the rule of law. This is not a matter of one country meddling in the affairs of another. All nations, including ours, have both the responsibility and a legitimate interest in ensuring compliance with international commitments.
| Source: -See Summary (2008-11-25 / English / Free) |
Posted on: 2008-11-25 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=114520 |
Child Labor Found in Shanghai and Wuhan, Following Earlier Reports on Scandal in Guangdong
Reports of the employment of underage workers in factories in Shanghai and Wuhan emerged in October, according to October 6 reports from Civil Rights & Livelihood Watch (CRLW) and Radio Free Asia, as well as an October 21 report from the Hong Kong-based China CSR and an October 9 entry from a well-known Chinese blog. In Shanghai, a 15-year-old laborer died from wounds suffered at the hands of coworkers at a pipe valve factory earlier this year, while a local blogger exposed several cases of child labor in Wuhan factories in October. These reports follow a child labor scandal in Guangdong that attracted international attention in late spring of this year. Chapter 2 Article 15 of the PRC Labor Law prohibits the employment of minors under the age of 16. The PRC Law on the Protection of Minors and the Provisions on the Prohibition of Using Child Labor also include similar protections for minors.
The Hubei provincial government now reportedly is taking steps to address the use of child labor, according to the China CSR report. However, the October 9 blog entry that reportedly prompted the Hubei government to take action, appears to have been removed from the blogger's Web site, Wang Haofeng Jujiao Zhanbao (Wang is the name of the blogger). A Web site called China Crossroads that promotes corporate social responsibility in China reported on Wang's investigation and posted a rough English translation of his original Chinese language report. Wang's blog includes another report dated June 23 that documents the use of underage workers at a business that offers traditional Chinese medical treatments in Wuhan.
The October incidents follow reports of child labor earlier in the year. In April 2008, an investigative report by the Southern Metropolis Daily (SMD) uncovered a trafficking network operating in the city of Dongguan in Guangdong province in which hundreds of child laborers were sold to factories and workshops throughout the Pearl River Delta. Minors were transported more than 1,300 miles from the Liangshan Yi autonomous prefecture, an impoverished ethnic minority region in Sichuan province, to work in the factory towns of Guangdong. SMD journalists met firsthand with child workers as young as 8 years old, though most were between the ages of 13 to 15. Traffickers who recruited the children and served as intermediaries to prospective employers reportedly admitted to falsifying the children's household registration papers to make them appear to be 18. One underage worker indicated that overseers employed death threats to deter them from trying to escape. Another alleged that some girls had been sexually assaulted by their overseers.
SMD reporters spoke with a former overseer who characterized the underground network as a well-organized and "powerful force," primarily comprised of former child workers who grew up in Liangshan. According to a May 10 New York Times (NYT) report, a primary school teacher from Erwu village in Liangshan lamented that she lost 16 of her 30 students over the past year, most of whom had left the area in search of employment. The ages of the teacher's students mostly ranged from 12 to 14 years old. More than 10 families in Liangshan interviewed by the NYT told of underage children who had left home to work in factories.
The government's response to the labor scandal was characterized by contradictory statements. The day after the scandal broke, Dongguan police reported that the initial round of their investigation had identified 167 workers from Liangshan, the majority of whom were believed to be underage, according to an April 30 SMD report (reprinted on Sohu). On May 1, Dongguan officials told the South China Morning Post (SCMP - subscription required) that around 20 officials from Liangshan had been dispatched to Dongguan to assist in the rescue of the children. In an April 30 report from the China Daily, a spokesperson for the town of Shipai in Dongguan municipality said that police had rescued "more than 100 youngsters" in his township alone and arrested several people in connection with the scandal. Liangshan authorities also claimed that 66 underage workers had returned from Dongguan following the initial investigation, according to a May 7 SCMP report. A Dongguan official quoted in a May 1 SMD report revealed that Liangshan authorities had already identified four individuals suspected of abducting children to work in Dongguan factories.
Two days after the scandal first broke, however, the SMD also reported that Guangdong authorities began to issue statements that described the scale of the child labor problem in terms that contradicted earlier reports. At a press conference on April 30, the vice mayor of Dongguan, Li Xiaomei, claimed that a two-day "preliminary investigation" of 3,629 enterprises throughout the city failed to find "large-scale use of child labor." Li allowed for the possibility that child laborers might be employed in smaller enterprises or workshops in which "underground intermediaries" are commonly used to recruit workers, but she added that no "substantial evidence" was available at present to support such a claim, according to the May 1 SMD report. The Dongguan government neither detailed the methods used in their investigation nor issued a report of its findings, which raises questions about the thoroughness and rigor with which it was conducted.
On May 2, the SMD (reprinted on Sina) reported that Premier Wen Jiabao directly ordered an investigation into the scandal, but also stressed the importance of "preventing speculation." A spokesperson for the Guangdong provincial government, Li Shoujin, was quoted in a May 7 SCMP report as saying the original SMD reports were "inauthentic." Li further claimed that police had found only six underage workers in three factories in Dongguan, none of whom had been raped or abducted, according to the Guangdong Emergency Management Office. According to a July 19 China CSR report, the Dongguan government issued an opinion on July 14 stipulating that individuals who recruit child laborers would be fined 5,000 yuan (US$733) per child, factories that employ child laborers would face the same penalty levied for each month the child was employed, and employment agencies that recruit child laborers would be shut down. An investigation of 124 employment agencies in Dongguan reportedly yielded only 10 child laborers employed by six companies.
As reported in the Congressional-Executive Commission on China 2008 and 2007 Annual Reports, a similar pattern of conflicting accounts emerged from the May and June 2007 brick kiln scandal in Shanxi and Henan provinces. Officials involved in the brick kiln scandal were given lenient punishments such as demotion or dismissal from their posts rather than prison sentences or capital punishment, according to a February 2008 CECC analysis.
For more information on child labor and forced labor in China, please see Section II -- Worker Rights, in the Congressional-Executive Commission on China's CECC 2008 Annual Report.
| Source: -See Summary (2008-11-21 ) |
Posted on: 2008-11-25 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=106988 |
State Council Issues New Foreign Journalist Regulations
The State Council on October 17, 2008, issued the Regulations of the People's Republic of China on News Covering Activities of the Permanent Offices of Foreign News Agencies and Foreign Journalists, which became effective immediately. The new regulations make permanent the less restrictive conditions introduced by the Regulations on Reporting Activities in China by Foreign Journalists During the Beijing Olympic Games and the Preparatory Period (Olympic Regulations), which took effect on January 1, 2007, and expired on October 17, 2008, the day the new regulations became effective. Prior to the Olympics Regulations, rules from 1990 required foreign journalists to obtain the approval of a local foreign affairs office before reporting outside of Beijing, a process that sometimes took days. Like the Olympic Regulations, the new regulations allow journalists to travel to much of China for reporting without prior approval and, to interview individuals or organizations, require only the consent of the interviewee.
At an October 17 press conference Liu Jianchao, Director-General of the Information Department of the Ministry of Foreign Affairs (MFA), said foreign journalists would still be required to obtain government permission before traveling to the Tibetan Autonomous Region and other areas closed to foreigners, as provided for in other regulations. Liu said the restricted areas are "very few" and he was not authorized to provide the names of the areas.
Key Provisions of New Regulation
- 1990 Regulations Abolished (Article 23).
- Only Need Consent of Interviewee (Article 17). The 1990 regulations required foreign reporters to obtain permission from a local foreign affairs office to report in that area and required foreign reporters in China for six months or less to arrange their reporting activities through a Chinese host organization. The new regulations contain neither of these requirements. Article 17 requires only the consent of the unit (danwei) or individual to be interviewed. It also requires foreign journalists to carry and show their foreign journalist card or visa while reporting.
- Legal Obligations of Foreign Journalists (Article 4). In addition to following China's laws and regulations, foreign journalists must "observe journalistic ethics, objectively and fairly carry out news gathering and reporting, and not engage in activities incompatible with their status as a journalist or the nature of their organization." The 1990 regulations required journalists to "observe journalistic ethics," "not distort facts, fabricate rumors or carry out news coverage by foul means," and not to "endanger China's national security, unity or community and public interests."
- Punishment for Violations (Articles 20, 21). MFA may issue a warning to, stop or suspend the activities of, or revoke the journalist card or visa of journalists who violate the regulation's provisions. Public security officials may order foreigners who do not possess a valid foreign journalist card or visa issued by the Chinese government to stop reporting and may "handle" the situation "according to the relevant laws."
- Enforcement of Foreign Journalists' Rights. The new regulations do not include any provisions specifying how foreign reporters can ensure their right to interview consenting individuals and organizations free from government interference. See an earlier analysis for possible legal remedies for foreign journalists.
Foreign journalists in China welcomed the new regulations but expressed concern that local interviewees could be subject to greater harassment as a result. "The easing of controls for foreign journalists should not be achieved at the expense of putting more pressure on local sources," the Foreign Correspondents Club of China said in an October 17 press release. While the Olympic Regulations were in effect, authorities reportedly intimidated Chinese colleagues of foreign journalists and local interviewees. In January 2008, Beijing police prevented foreign reporters from interviewing Zeng Jinyan, rights activist and wife of imprisoned human rights activist Hu Jia. A Beijing court sentenced Hu to three and a half years in April in part for making "subversive" comments to foreign reporters. In the lead-up to the Olympics, Shanghai public security officials reportedly barred activists, petitioners, and other "controlled" people from speaking to foreign reporters.
At the October 17 press conference, Director-General Liu denied that any persons interviewed by foreign journalists had been threatened. "The Chinese Constitution guarantees the freedom of speech of Chinese citizens," he said. "In China, no one is subjected to so-called interference and intervention for engaging in regular speech." Liu added that no matter whether someone is a business person, scholar, expert, or government official, they would be free to decide whether to grant an interview to a foreign journalist.
Liu also said that officials would not abuse their power to limit the activities of foreign journalists during emergencies. This past year, Chinese officials have interpreted provisions allowing officials to impose restrictions on foreign journalists during public emergencies broadly. Following protests in Tibetan areas that began in March 2008, officials imposed a travel ban on foreign journalists that extended far beyond reported protest sites. After the May earthquake in Sichuan province, officials prevented foreign journalists from reporting as officials forcibly broke up a protest by grieving parents.
For more information on the Olympic Regulations, see previous Commission analysis comparing the Olympic Regulations with the 1990 rules and assessing implementation of the Olympic Regulations a year after it took effect.
The new regulations do not apply to Chinese journalists, who remain subject to a wide range of government and Party regulations, policies, directives, and pressures that encourage self-censorship and hinder their ability to report freely. For more information on these restrictions, see Section II--Freedom of Expression, in the Congressional-Executive Commission on China's 2008 Annual Report.
| Source: -See Summary (2008-11-18 ) |
Posted on: 2008-11-25 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=114056 |
Beijing Requires Photo Registration at All Internet Cafes by December
Beijing officials have issued a "new regulation" requiring all Internet cafes in the city to forward photographs of customers to a city law enforcement department to be kept on file for monitoring purposes, according to an October 16, 2008, Xinhua article. According to the article, by mid-December all Internet cafes will be required to install and use a machine consisting of a digital camera and ID scanner. First-time customers wishing to access computers at a cafe will be required to stand before the machine, known as the "Beijing City Internet Cafe Internet Access Registration Device," which will photograph the customer, scan his or her ID, and forward the information to the Beijing Cultural Law Enforcement Agency. The Xinhua article said that 1,500 Internet cafes in Beijing already have begun using the system, which was first introduced in 2005. Previously, customers had to show only an ID to gain entry.
A spokesperson for the agency said the new measures are intended to prevent multiple persons from using the same ID, a ploy sometimes used by young people who do not meet the minimum age requirement to enter Internet cafes, according to an October 17 Wall Street Journal article. Chinese officials blame the cafes for contributing to school absences and juvenile crime, according to a February 12 Associated Press article (reprinted in ABC News).
The new system will make it easier for Chinese officials to monitor the activities of Internet cafe customers. Under the Regulations on the Administration of Internet Access Service Business Establishments issued in 2002, Internet cafes already must examine and register a customers' identification card, keep such records for at least 60 days, and provide the information to cultural and public security agencies for examination if requested to do so. Under the new system, both the customer's photo and identification information are forwarded directly to a "monitoring platform" hosted by the Beijing Cultural Law Enforcement Agency at the time of registration. News reports did not indicate the length of time such records would be maintained.
The new measures could have a chilling effect on free expression because they make it easier for officials to identify persons who access the Web at Internet cafes. Officials continue to punish citizens for peacefully criticizing the Chinese government and Communist Party on the Internet, including, for example, Yang Chunlin, Hu Jia, and Lu Gengsong. Officials rely on information provided by Internet access providers to prosecute such cases. For example, Chinese officials submitted customer identification and e-mail account information provided by Yahoo! as evidence against the journalist Shi Tao, who was sentenced to 10 years in prison in 2005 for illegally supplying state secrets. A People's Daily online poll found that 72 percent of the respondents were against the new measure, saying it infringed on their rights, according to an October 17 Times of London article. Chinese citizens quoted in an October 17 Xinhua article and the Wall Street Journal article called the new measures unnecessary and said they would stop going to Internet cafes, although some supported the measures as a way to prevent students from visiting the cafes to play online games.
The text of the regulation was not available at the time of this writing.
For more information on China's imprisonment of online critics and censorship of the Internet in general, see "Internet Censorship" in Section II - Freedom of Expression, in the CECC's 2008 Annual Report.
| Source: -See Summary (2008-11-18 ) |
Posted on: 2008-11-25 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=114061 |
China-Dalai Lama Dialogue Round Ends: Party Restates Hard Line, Tibetans Begin Meeting
A senior Communist Party official told the Dalai Lama's representatives during the most recent round of formal dialogue on the Tibet issue that the Dalai Lama should "face reality" and "fundamentally change his political positions," according to a November 6, 2008, Xinhua report. Special Envoy Lodi Gyari and Envoy Kelsang Gyaltsen arrived in Beijing on October 30 for the eighth round of dialogue with Chinese officials since such contacts resumed in 2002, and returned to India on November 5 following official meetings in Beijing on November 4 and 5, according to a November 6 statement by Gyari (Tibetan Government-in-Exile, 6 November 08). Du Qinglin, Head of the Communist Party United Front Work Department (UFWD) and Vice Chairman of the Chinese People's Political Consultative Conference, reiterated to the envoys the "four no supports," a set of four new preconditions on the dialogue that he initially pressed upon the envoys in Beijing on July 1 and 2, 2008, during the seventh round of dialogue. UFWD Executive Deputy Head Zhu Weiqun and Deputy Head Sita (Sithar) also met with the envoys during the November meetings, according to Gyari's statement.
The Chinese government sought to impose these additional demands on the Dalai Lama following an unprecedented wave of Tibetan protests that swept across the Tibetan plateau in March and April. Tibetan rioting took place in 12 counties identified in the Congressional-Executive Commission on China (CECC) 2008 Annual Report (p. 183), but generally peaceful Tibetan political protests took place in more than 40 additional county-level areas. Officials blamed the Dalai Lama and "the Dalai Clique" for the Tibetan protests and rioting, and did not acknowledge the role of rising Tibetan frustration with Chinese policies that deprive Tibetans of rights and freedoms nominally protected under China's Constitution and legal system. (See Section V-Tibet, in the CECC 2008 Annual Report for more information about factors underlying the Tibetan protests and their consequences.)
Chinese officials escorted the envoys to the Ningxia Hui Autonomous Region prior to the Beijing meetings. (The Hui are a Chinese-speaking, principally Muslim ethnic minority.) Later, academics in Beijing "briefed [the envoys] on the laws, policies and practices concerning China's regional ethnic autonomy system," according to the Xinhua report. Gyari said in his statement that the Tibetan delegation presented to the Chinese leadership a "memorandum . . . on genuine autonomy for the Tibetan people," but he provided no information about the contents of the memorandum. The CECC 2008 Annual Report identified weak implementation of China's Regional Ethnic Autonomy Law (REAL) as a factor that has exacerbated Tibetan frustration. Weak implementation of the REAL has prevented Tibetans from using lawful means to protect their culture, language and religion.
On October 25, the Dalai Lama said in a Tibetan-language speech delivered before Tibetans in India that the path Tibetans had followed "towards finding a mutually beneficial solution . . . has had no effect on our main objective, which is to improve the lives of Tibetans inside Tibet," according to an October 27 International Campaign for Tibet (ICT) translation of the speech. The Dalai Lama noted that Chinese authorities continued to blame him for "instigating the March protests inside Tibet," and observed, "[I]t seems as though I am a hindrance to finding a solution for Tibet." "I have not lost faith in the people of China," he said according to the translation, "but my faith in the present Chinese government is thinning and it's becoming very difficult."
The Dalai Lama referred in his speech to an unusual meeting of Tibetan political, religious, educational, cultural, and community leaders living outside of China in communities around the world that is scheduled to take place in India on November 17-22, 2008, (see list of participants, Tibetan government-in-exile, 29 September 08). The attendees will consider the status of discussions with the Chinese leadership and the current Tibetan approach to resolving the Tibet issue. The Dalai Lama's Middle Way Approach, which he adopted in 1979 and Tibetans living in exile approved in a 1997 poll according to an undated report on the Office of His Holiness the Dalai Lama Web site, lists principal objectives that include:Without seeking independence for Tibet, the [Tibetan government-in-exile] strives for the creation of a political entity comprising the three traditional provinces of Tibet; Such an entity should enjoy a status of genuine national regional autonomy; This autonomy should be governed by the popularly-elected legislature and executive through a democratic process and should have an independent judicial system . . ." The Dalai Lama said in his October 25 speech, according to the ICT translation, that "there is no reason to stay the same course just because we are on it." He described the objective of the Tibetan meeting as "to understand, analyze and together think of long-term solutions based on the real, current situation." Special Envoy Lodi Gyari noted in his November 6 statement that the Dalai Lama had advised the envoys "not to make statements about our discussions before this [November] meeting." Xinhua, however, released a flurry of reports on November 10 (1, 2, 3, 4, 5) that emphasized Chinese rejection of the Dalai Lama's proposal. UFWD Executive Deputy Head Zhu Weiqun denounced the Middle Way Approach as "aimed at outright Tibetan independence," and declared, "We will never make a concession."
For more information, see "Status of Negotiations Between the Chinese Government and the Dalai Lama or His Representatives" in Section V-Tibet, in the CECC 2008 Annual Report; "Status of Discussion Between China and the Dalai Lama" in Section IV-Tibet: Special Focus for 2007, in the CECC 2007 Annual Report; and "Status of Discussion Between China and the Dalai Lama" in Section VIII-Tibet, in the CECC 2006 Annual Report.
| Source: -See Summary (2008-11-18 ) |
Posted on: 2008-11-25 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=113815 |
Authorities Cancel Plans to Subject Uyghur Woman to Forced Abortion (Updated)
Authorities in the Xinjiang Uyghur Autonomous Region (XUAR) released from the hospital a Uyghur woman who is six months pregnant with her third child, after cancelling plans to subject her to a forced abortion for violating the region's population planning regulations, according to reports from Radio Free Asia (RFA). Unable to pay a 45,000 yuan (US$6,591) fine for exceeding the number of births permitted under the region's population planning system, Arzigul (Arzug┨l) Tursun, a villager from Ghulja county, initially fled home to avoid being forced to have an abortion in place of paying the fine, RFA reported on November 13. After pressuring Arzigul Tursun's family to locate her, authorities also coerced Arzigul Tursun's husband into signing papers to approve the abortion, RFA reported. After authorities took Arzigul Tursun to the hospital, hospital staff postponed the abortion from November 13 to November 17, according to RFA. Kept under guard, Arzigul Tursun fled the hospital on November 16 but was found the next day and taken to another hospital, RFA reported on November 17. Authorities later released her from the hospital without carrying out the abortion, according to a November 18 report from RFA. An official cited in the article said Arzigul was not healthy enough to undergo the abortion.
An official cited in the November 13 RFA report said Arzigul Tursun "should undergo an abortion" because she violated population planning requirements. Article 15 of the XUAR Regulation on Population and Family Planning permits urban ethnic minority couples to give birth to two children and rural couples to give birth to three. Where one member of the couple is an urban resident, urban birth limits apply. According to RFA, although Arzigul Tursun is a rural resident, her husband has urban residency status. Article 41 of the regulation requires those in violation of Article 15 to pay a fine equivalent to a multiple of a locality's average per capita income as a "social compensation fee." The regulation does not stipulate that pregnancies must be terminated if the fee cannot be paid, nor do separate procedures on paying the fees stipulate this. Item 6 of the procedures permits people facing economic hardship to apply to stagger payments of the fee. Article 39 of the national Population and Family Planning Law and Article 52 of the Xinjiang regulation provide sanctions for government officials who infringe on citizens' rights or abuse their power in carrying out population planning requirements.
As noted in the Congressional-Executive Commission on China 2008 Annual Report (via the Government Printing Office Web site), China's system of population planning, along with abuses like forced abortion engendered by the system, violate international human rights protections China is bound to uphold. For more information on China's population planning system, see section III--Population Planning in the 2008 CECC Annual Report. For information on conditions in Xinjiang, see Section-IV--Xinjiang. Advocacy on Arzigul Tursun's behalf by Members of the U.S. Congress has included, for example, a November 17 press release by Representative Joe Pitts and a November 13 press release by Representative Chris Smith.
| Source: -See Summary (2008-11-17 / English) |
Posted on: 2008-11-25 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=114137 |
Authorities Target Religious Leaders During, After Olympic Games
Chinese authorities have continued to target religious leaders for harassment, detention, and other abuses, in the midst and aftermath of the Olympic Games. China's preparations for the sporting event ushered in a period of heightened government scrutiny and control over communities including religious groups. Recently reported cases include: - Pastor Zhang Mingxuan. Public security officers in Zhengzhou, Henan province, detained house church leader Zhang Mingxuan on August 6, according to August 6 and August 29 press releases from the China Aid Association (CAA). Authorities released him on August 29, but barred him from returning to Beijing until after the Paralympics Games, which ended on September 17. Zhang arrived back in Beijing on September 21, CAA reported in an October 1 press release. After the religious affairs bureau intervened following harassment of Zhang by public security officials, Zhang was able to resume house church services the following Sunday, CAA reported. On October 16, however, public security officers beat two of Zhang's sons, one of whom was severely injured, and detained Zhang, Zhang's wife, and his sister-in-law with the apparent aim of blocking their attendance at a ceremony for the Chinese House Church Alliance, according to October 16, October 22, and November 6 press releases from CAA. After holding them in Nanyang, Henan province, authorities released them on October 27, the November 6 press release reported. As noted in the Congressional-Executive Commission on China Political Prisoner Database, earlier in July authorities had forcibly moved Zhang from Beijing. Zhang said police told him they wanted him out of the city during the Olympics to prevent him from speaking to foreigners. In June, Beijing public security officers detained Zhang for two days for attempting to meet with a European Union representative and placed him under house arrest following his meeting with two Members of the U.S. Congress.
- Imam Adil Qarim. Authorities in the Xinjiang Uyghur Autonomous Region detained Adil Qarim, an imam at a mosque in Kucha county, Aqsu district, during a "security sweep" of Kucha in the aftermath of a reported series of bomb attacks in the county on August 10, according to a September 4 report from the Uyghur Human Rights Project (UHRP). An individual accused of involvement in the August 10 incident had attended the mosque. Adil Qarim denied having any links to the attack, the UHRP reported.
- Bishop Jia Zhiguo. Authorities detained Jia Zhiguo, the unregistered bishop of Zhengding diocese, Hebei province, on August 24, 2008, according to an August 25 press release from the Cardinal Kung Foundation (CFK). Authorities released him into residential surveillance on September 18, 2008, CFK reported in a September 19 press release. According to a September 19 AsiaNews report, some sources said authorities detained Jia to block his contact with media and representatives of organizations for the disabled during the Paralympic Games. As noted in the CECC Political Prisoner Database, Jia had earlier been imprisoned for approximately 20 years and since 2004 has been detained multiple times. Authorities had last detained Jia in August 2007 because he removed a sign authorities placed on his church, identifying it as affiliated with the state-controlled Catholic Patriotic Association. Authorities released him from detention on December 14, 2007, but placed him under confinement in his home.
For more information on religion in China and information on political prisoners, see the Political Prisoner Database and Section II, Freedom of Religion, in the CECC 2008 Annual Report.
| Source: -See Summary (2008-09-09 ) |
Posted on: 2008-11-25 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=111210 |
Authorities Increase Repression in Xinjiang in Lead-up to and During Olympics
Officials in the Xinjiang Uyghur Autonomous Region (XUAR) called again in August for the use of harsh security measures to crack down against the government-designated "three forces" of terrorism, separatism, and extremism, according to reports from Chinese media. On August 13, Wang Lequan, XUAR Communist Party Chair, described the battle against the "three forces" as a "life or death struggle" and pledged to "strike hard" against their activities, according to an August 14 report from the Xinjiang Daily. XUAR Party Committee Standing Committee member Zhu Hailun reiterated the pledge to "strike hard" at an August 18 meeting, according to an August 19 report from the Xinjiang Daily. The announcements followed the release of limited information on terrorist and criminal activity in the region (see, e.g., Xinhua reports from August 4, 6, 10, and 12) and came amid a series of measures that increased repression in the region, including:- Wide-scale Detentions. Authorities have carried out wide-scale detentions as part of security campaigns in cities throughout the XUAR, according to a September 4 report from the Uyghur Human Rights Project (UHRP). Reported measures include "security sweeps" resulting in mass detentions in the Kashgar area and Kucha county, including blanket detentions in Kucha of young people who have been abroad; the detention of non-resident Uyghurs in Korla city; the forced return of Uyghur children studying religion in another province and their detention in the XUAR for engaging in "illegal religious activities;" and the detention of family members or associates of people suspected to be involved in terrorist activity.
- Restrictions on Uyghurs' Domestic and International Travel. Authorities reportedly continued to hold Uyghurs' passports over the summer, building off of a campaign in 2007 to confiscate Muslims' passports and prevent them from making overseas pilgrimages. Authorities also have coupled restrictions on overseas travel with reported measures to limit Uyghurs' travel within China. For more information on restrictions reported in recent months, see the UHRP report, a July 31 Agence France-Presse report (via Open Source Center, subscription required) and an August 8 report from the Telegraph. For more information on 2007 measures to confiscate passports, see the section on Religious Freedom for China's Muslims in the 2007 Congressional-Executive Commission on China Annual Report (via the Government Printing Office Web site).
- Controls Over Religion. XUAR officials have enforced a series of measures that ratchet up control over religious practice in the region. Authorities in Y└ngisheher county in Kashgar district issued accountability measures on August 5 to hold local officials responsible for high-level surveillance of religious activity in the region, according to an August 14 report from Radio Free Asia (RFA). Authorities in Peyziwat county, Kashgar district, called for "enhancing management" of groups including religious figures as part of broader government and Party measures of "prevention" and "attack," according to an August 8 report on the Kashgar district government Web site. The previous month, authorities in Mongghulk┨re county, Ili Kazakh Autonomous Prefecture, called for strengthening management of religious affairs; inspecting all mosques and venues for religious activity; curbing "illegal" recitations of scripture and non-government-approved pilgrimages; and "penetrating" groups of religious believers to understand their ways of thinking, according to July 16 reports (1, 2 (cached page)) on the Xinjiang Peace Net Web site. Authorities in Lop county, Hoten district, have been forcing women to remove head coverings in a stated effort to promote "women for the new era" according to the World Uyghur Congress, as cited in an August 27 report from RFA.
- Controls Over Free Expression. Authorities in the XUAR ordered some Uyghur Web sites to shut down their bulletin board services (BBS) during the Olympics, according to an August 14 RFA report. In a review of Uyghur Web sites carried out on August 18 and 19, Congressional-Executive Commission on China staff found that BBSs on the Web sites Diyarim, Orkhun, and Alkuyi had been suspended. The BBS Web page on Diyarim contained the message, "[L]et's protect stability with full strength and create a peaceful environment for the Olympic Games[!] Please visit other Diyarim pages[.]" The message on the BBS Web page on Orkhun stated, "Based on the requirements of the work units concerned, the Orkhun Uyghur history Web site has been closed until August 25 because of the Olympic Games."
- Inspections of Households in Ghulja. According to July 17 and July 23 reports from RFA, authorities in the predominantly ethnic minority city of Ghulja searched homes in the area in a campaign described by a Chinese official as aimed at rooting out "illegal activities" and finding residents living without proper documentation.
- Controls Over Uyghurs Outside the XUAR. Authorities in cities outside of the XUAR also increased controls over Uyghur residents and some other ethnic minority communities leading up to and during the Olympic Games, according to an August 13 report from the New York Times, an August 5 report from South China Morning Post (subscription required), and July 30 and July 27 reports from RFA. According to an August 18 report from Bloomberg, authorities pressed Uyghurs to leave Beijing.
The measures implemented in the run-up to and during the Olympics build off of earlier campaigns to tighten repression in the region, including measures to tighten control as the Olympic torch passed through the region in June.
For more information on conditions in the XUAR, see Section II--Ethnic Minority Rights, subsection on Rights Abuses in the Xinjiang Uyghur Autonomous Region, in the 2007 CECC Annual Report.
| Source: -See Summary (2008-08-26 ) |
Posted on: 2008-11-25 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=110882 |
Propaganda Officials Issue 21 Restrictions on Domestic Coverage of Olympics
Chinese officials recently sent an order to all newspaper editors in China banning coverage of politically sensitive topics and instructing them on how to cover other topics for the Olympics, according to August 12 articles in the South China Morning Post (SCMP, subscription required) and Telegraph. SCMP, citing mainland reporters as its source, said that the order came in the form of a 21-point directive issued in July. An August 14 Sydney Morning Herald (SMH) article said the 21-point order came from the propaganda bureau, a reference to the Central Propaganda Department (CPD) under the Communist Party. Mainland reporters told SCMP that officials from provincial propaganda departments were holding daily meetings in Beijing with reporters from their provinces to ensure compliance with the order. Wang Wei, vice-president of the Beijing Olympic Committee, denied the existence of the directive, adding: "Chinese media, according to the Chinese Constitution, are free to report on the Games," according to SMH. Reports on the directive did not indicate how long it would last. The Summer Olympics end on August 24, and are followed by the Paralympics, which will conclude on September 17.
On August 14, SMH also published a purported complete English translation of the 21-point directive, whose content matches descriptions in the SCMP and Telegraph reports. Selected instructions from the directive (as translated by SMH) include: 1. The telecast of sports events will be live [but] in case of emergencies, no print is allowed to report on it.
2. From August 1, most of the previously accessible [sic] overseas websites will be unblocked. No coverage is allowed on this development. There's also no need to use stories published overseas on this matter and [website] operators should not provide any superlinks on their pages. [See a previous Congressional-Executive Commission on China analysis on the controversy between foreign reporters and Olympic officials over Internet censorship at Olympic venues.]
3. Be careful with religious and ethnic subjects.
...
7. As for the Pro-Tibetan independence and East Turkistan movements, no coverage is allowed. There's also no need to make a fuss about our anti-terrorism efforts.
8. All food safety issues, such as cancer-causing mineral water, is off-limits.
9. In regard to the three protest parks, no interviews and coverage are allowed.
10. No fuss about the rehearsals on August 2,5. No negative comments about the opening ceremony.
...
13.On international matters, follow the official line. For instance, follow the official propaganda line on the North Korean nuclear issue; be objective when it comes to the Middle East issue and play it down as much as possible; no fuss about the Darfur question; No fuss about UN reform; be careful with Cuba. If any emergency occurs, please report to the foreign ministry.
...
15. Regarding diplomatic ties between China and certain nations, don't do interviews on your own and don't use online stories. Instead, adopt Xinhua stories only. Particularly on the Doha round negotiation, US elections, China-Iran co-operation, China-Aussie co-operation, China-Zimbabwe co-operation, China-Paraguay co-operation.
...
17. In case of an emergency involving foreign tourists, please follow the official line. If there's no official line, stay away from it.
...
21.Properly handle coverage of the Chinese sports delegation:
A.don't criticise the selection process.
B.don't overhype gold medals; don't issue predictions on gold medal numbers; don't make a fuss about cash rewards for athletes.
C.don't make a fuss about isolated misconducts by athletes.
D.enforce the publicity of our anti-doping measures.
E. put emphasis on government efforts to secure the retirement life of athletes.
F. keep a cool head on the Chinese performance. Be prepared for possible fluctuations in the medal race.
G. refrain from publishing opinion pieces at odds with the official propaganda line of the Chinese delegation. Foreign media have noted muted or centralized domestic press coverage of potential controversies that have occurred during China's hosting of the Olympics.
- SCMP said that most domestic press relied on reports by the central news outlet, Xinhua, to cover the August 9 stabbing death in Beijing of an American tourist who was a relative of the coach of the U.S. men's Olympic volleyball team. Telegraph reported that Chinese journalists at a U.S. volleyball team press conference had their notebooks and tape-recorders confiscated by officials. The paper also reported that officials told local media to give the story only brief coverage and not to tie it to the Olympics. The Commission notes that the story has been covered by some domestic news outlets, including the financial magazine Caijing (See, e.g., an August 12 report in Chinese, English).
- SMH said that news about an August 13 pro-Tibet rally that took place near the main Olympic stadium and resulted in the detention of six protestors and a British journalist had been "blacked out from mainland Chinese press."
- According to an August 13 Agence France-Presse article (via Yahoo News), officials enforced a "virtual media blackout" of a controversy involving lip-synching at the Olympic opening ceremonies.
- According to a Chinese journalist cited in an August 19 New York Times article, propaganda officials prohibited domestic news media from criticizing China's star hurdler Liu Xiang or discussing details about his withdrawal from the Olympics.
Over the past year, Chinese propaganda officials have issued a number of orders to journalists directing them on how to cover topics for the Olympics. - November 2007 - CPD issued a notice to Chinese news editors restricting coverage of topics relating to the Olympics, including air quality and food safety, to counter "unfavorable publicity" in the foreign media and to prevent foreign media from picking up story ideas from local press.
- April 2008 - CPD issued another notice urging domestic media to file reports more quickly in order to beat out foreign press coverage of protests during the Olympic torch relay, according to an April 9 SCMP report (subscription required). SCMP paraphrased the order as saying reports should "stick to the official line to better make China's case" to both domestic and international viewers. The order also described the relay as "our unprecedented, ferocious media war against the biased western press." SCMP noted that while Chinese media took four days to report on disruptions at the March torch-lighting ceremony in Greece, Chinese media responded more quickly to later protests in London and Paris, launching verbal attacks against the protesters and U.S. politicians who supported the Dalai Lama and airing footage of Chinese torch-bearers being attacked.
- June 2008 - President Hu Jintao delivered a speech at the People's Daily, the Communist Party's flagship newspaper, telling journalists their "first priority" is to "correctly guide public opinion" and specifically calling on them to pay special attention to their coverage of the Olympics.
China's propaganda directives violate international standards for freedom of expression. Both the International Covenant on Civil and Political Rights (ICCPR), which China signed and has committed to ratify, and the Universal Declaration of Human Rights (UDHR), permit restrictions on freedom of expression in a limited number of circumstances, but furthering a political agenda is not one of the permitted exceptions. While China has not publicly explained the purpose of these restrictions, much less acknowledged their existence, the reported substance of the restrictions strongly suggests that their aim is political. Furthermore, these restrictions also do not comply with the ICCPR and UDHR requirement that they be "prescribed by law" since they are issued by a Communist Party entity, rather than pursuant to legislation issued by one of the organs authorized to pass legislation under China's Legislation Law. Finally, Chinese officials have attempted to prevent the public from finding out about such directives. The Chinese journalist Shi Tao was sentenced to 10 years in 2005 for disclosing state secrets after he revealed the contents of a propaganda directive warning journalists about their reporting on the eve of the 15th anniversary of the 1989 Tiananmen Square democracy protests.
| Source: -See Summary (2008-08-22 ) |
Posted on: 2008-08-22 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=110635 |
Shenzhen's New Residency Permit and Its Impact on Migrants
Shenzhen city issued the new Temporary Measures on Residency Permits on May 22. The measures introduce a number of reforms to the city's household registration (hukou). (See the Congressional-Executive Commission on China's Topic Paper and Hukou Reform chart on China's Household Registration System for more information on the hukou system). According to the China Daily's report on July 1, the new system aims to gradually remove the barriers between permanent and migrant populations. It also includes a number of innovations unseen in most other recent hukou reforms, including:
- Requiring that all Chinese citizens between 16 and 60 years old register for a residency permit if they have been working in Shenzhen for more than 30 days without permanent residency status.
- Granting the children of permit holders access to local schools.
- Granting permit holders eligibility to apply for driver's licenses, business visas to Hong Kong or Macao, and government-subsidized low-cost housing.
According to another China Daily report on August 1, Shenzhen's new residency permit system is the "first of its kind in the country" because it aims to integrate most (90 percent) of the city's migrants by June 2009, eventually covering 12 million migrant workers. Nevertheless, the new permit system does not completely eliminate the discriminatory nature of the hukou system, according to a July 7 China Daily report. And the Measures are silent with regard to the provision of benefits in the areas of free healthcare, pensions, or unemployment insurance.
Since 1958, China's hukou system has been a foundation for discrimination and violations of the right to equality for Chinese citizens who hope to change their residence. (See the Congressional-Executive Commission on China's Topic Paper). It is inconsistent with international human rights standards such as equal treatment, freedom of residence, and right to work, as defined in arts. 2, 13(1), and 23(1) of the Universal Declaration of Human Rights.
For more information about the impact of household registration status on Chinese migrants, see the CECC's 2007 Annual Report, Section II - Freedom of Residence and Travel.
| Source: -See Summary (2008-08-20 / English) |
Posted on: 2008-08-21 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=110211 |
Beijing Ordered Migrants to Leave for the Olympics
According to a July 21 Reuters report and a July 24 Agence France-Presse (via Yahoo News) report, Beijing authorities launched an anti-pollution campaign that month to halt construction and close factories in the city, leaving migrants who had worked on Olympic projects jobless and forcing them to leave the city or find work elsewhere. A March 12 Human Rights Watch report documented severe exploitation of migrants who lack household registration and work for Olympic construction sites, including failure to provide insurance and social services, faulty or non-existent labor contracts, and unpaid wages.
This January, to ensure security during the Olympic Games, Beijing officials ordered public security bureaus to heighten inspections of migrants without Beijing household registration status (hukou), according to the Beijing News on January 13. (See the Congressional-Executive Commission on China's Topic Paper on China's Household Registration System for more information on the hukou system). A July 17 report from the Community TV Network said that many migrants believe that the government's intensified checks are aimed at preventing protests and incidents that Chinese authorities think could mar China's image.
These pre-Olympics actions by the Chinese government are inconsistent with international human rights standards such as equal treatment, freedom of residence, and right to work, as defined in art. 2, 13(1), and 23(1) of the Universal Declaration of Human Rights. They also contravene Chinese official statements promoting equal treatment and encouraging non-enforcement of restrictions on migrants during the Olympics as reported in the Southern Daily (via Sohu) on April 10 and Xinhua (via China Daily) on March 8.
For more information about the impact of household registration status on Chinese migrants, see the CECC's 2007 Annual Report, Section II - Freedom of Residence and Travel.
| Source: -See Summary (2008-08-07 ) |
Posted on: 2008-08-15 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=109514 |
Infant Trafficking from the Earthquake Zone and Other Cases Reflect Anti-Trafficking Challenges
Numerous reports of infant abductions have surfaced in the wake of the earthquake that hit China's Sichuan province on May 12. Officials, focused on resettling large numbers of people displaced by the earthquake, have not been sufficiently able to protect children, leaving some to wander around and fall into the hands of human traffickers, according to a June 2 Christian Science Monitor article. In response to these and other crimes, the Supreme People's Court issued the Circular on Completing Trial Work According to Law During the Earthquake Disaster Relief Period to Earnestly Safeguard Social Stability in the Disaster Area on May 26, which lists seven categories of crimes that courts, under the guidance of the Communist Party, must severely punish according to law. Courts, mandated with safeguarding stability, settling disputes, and promoting harmony, are advised to emphasize mediation and handle cases in different ways. Courts should have "fast docketing, fast trial, fast enforcement" for cases involving people's livelihoods in the disaster area while being cautious in accepting cases that are sensitive, involve groups, and could affect the successful completion of disaster relief and post-quake reconstruction work. The circular mentions the "trafficking of orphaned or injured children or women from the disaster area" as one of the crimes.
Recent reports of infant abductions and other cases, including the abduction and selling of children and forced labor in Shanxi province brick kilns, reveal challenges in China's anti-trafficking efforts, including:
China's legal definition of trafficking does not reflect China's current situation or international standards. The trafficking of persons, defined in Article 240 of the Criminal Law as the "abducting, kidnapping, buying, trafficking in, fetching, sending, or transferring a women or child, for the purpose of selling the victim," is prohibited in China. This definition is narrow and does not conform with the United Nations (UN) definition in Article 3 of the Trafficking in Persons Protocol, which China has not signed. China's definition does not cover all persons, such as male adults, or forms of trafficking such as forced labor or commercial sexual exploitation involving fraud or coercion, where the purpose is not to sell the victim. These forms of trafficking exist in China, as seen from Chinese media reports of forced labor (June 10, 2007, CCTV video via Xinhua) and commercial sexual exploitation involving fraud or coercion (December 21, 2007, Yangcheng Evening News article). The Ministry of Public Security (MPS) acknowledged in July 2007 that it has handled an increasing number of forced labor and commercial sexual exploitation cases in recent years. Reflecting the narrow definition of trafficking, however, the MPS has stated that the official number of trafficking cases has been on the decline.
China's definition, moreover, considers the abduction and selling of children as a form of trafficking regardless if the child was abducted or sold for the "purpose of exploitation," which is a necessary component of trafficking under the UN definition. For example, abducting and selling human beings for adoption or marriage is still considered a crime, but not necessarily a trafficking crime under international standards if there is no exploitation such as forced labor present. The implication of this is that official trafficking-related data and many of the cases reported in Chinese media, which tend to highlight certain types of cases such as the abduction and selling of children, would not automatically be considered trafficking cases by international standards. They are considered forms of trafficking in China, however, with the Chinese word for trafficking literally translating into "abducting and selling."
Inadequate protection of trafficking victims, with links to official corruption. Treatment of victims freed from forced labor in Shanxi brick kilns reveals existing challenges in China's protection of trafficking victims. Some victims drifted between different agencies for days or were sent back to their former boss. They were then given a few hundred yuan and sent home unescorted, with a few never making it home. Civil affairs bureaus, responsible for the care of the majority of rescued victims, failed to notify parents that their child had been found. In one case, labor supervision bureau officials responsible for protecting a 14-year-old child that had been freed from a brick factory sold the victim to another brickyard instead, and withheld the 300 yuan (US$44) in victim compensation for their own use, according to a May 21 China Labour Bulletin article. The recently released National Plan of Action on Combating Trafficking in Women and Children states that "rescued children of school age should return to school" and lists "strengthening relief and rehabilitation of rescued women and children" as an area of focus.
Need for more effective prevention efforts as many individuals remain unaware of the full scale of trafficking, and that trafficking constitutes a crime. Individuals in some provinces know that people can be trafficked for forced marriage or adoption but remain unaware that people can also be trafficked for labor exploitation and forced prostitution, according to a 2005 International Labour Organization report. In addition, a trafficker sentenced in a massive child abduction case noted that she was unaware that the abduction and selling of children was a crime. She said that she herself had been sold into marriage for 9,000 yuan (US$1,310), and that many other people in her area had "lost their children," according to a November 25, 2005, Southern Metropolitan Daily (SMD) article (via Sina.com).
A Hubei province National People's Congress representative observed in 2008 that many individuals who purchased abducted children or women did not know they were committing a crime. She attributed this gap in knowledge to inadequate awareness of the law, and called on law enforcement agencies to expand their prevention efforts. The representative, along with other representatives from Hubei, submitted a proposal in March that recommends changes to Article 241 of the Criminal Law, including increasing the punishment for buyers and abolishing the provision that exempts buyers from investigation of criminal responsibility under certain conditions. The representative mentioned that the proposal, if accepted, should be implemented after a period of large-scale awareness efforts that are aimed at farmers and other rural residents in particular, as reported in a March 10 Legal Daily article.
In order to be effective, awareness campaigns should take into consideration the viewpoint of the target audience, and prevention efforts must ultimately go beyond these campaigns to address root causes that leave individuals vulnerable to trafficking. Of particular concern are children of migrant workers who may not be in school or under the care of their parents. In several cases mentioned in this article, those abducted were children of migrant workers. In at least one case, the perpetrators deliberately targeted these children because they believed that public security officials would take such cases less seriously, according to a March 12, 2006, Washington Post article. The National Plan of Action mentions poverty alleviation and other prevention measures, but it remains to be seen how well-funded or effective these measures will be.
Disparity in punishment, including lenient punishment of public officials. Article 240 of China's Criminal Law allows punishment up to death for the crime of human trafficking. The Decision Regarding the Severe Punishment of Criminals Who Abduct and Traffic in or Kidnap Women or Children, issued by the Standing Committee of the National People's Congress in 1991, lays out the punishment for traffickers in greater detail. Yet individuals involved in trafficking rings are often given criminal sentences while government officials receive lighter sentences or administrative punishments. Government officials involved in the 2007 Shanxi brick kiln incident, for example, were punished administratively while other participants in the incident were given criminal sentences, including one death sentence. Yet official knowledge of the forced labor system went back as far as 2004, and a kiln contractor reported that many kiln operators received advance notice of local police inspections and hid enslaved laborers during these inspections, according to page 72 of the CECC's 2007 Annual Report. Similarly, in an infant abduction and illegal adoption case in Hengyang city, Hunan province, a local court sentenced nine individuals to 3 to 15 years in prison in February 2006 while a state-run welfare institute director received 1 year in prison. City government agencies dismissed or censured 22 other welfare institute employees and local civil affairs officials. Employees at various welfare institutes in Hengyang knowingly purchased abducted babies and worked with local civil affairs bureaus to forge abandonment certificates in order to arrange for the babies' adoptions.
For more information on recent trafficking cases, click on "more" below. See previous CECC analyses for more information on child abductions and human trafficking in China, including the rise of child abductions in 2004, the abduction and selling of children from ethnic minority areas to predominantly Han areas, and the section on Human Trafficking in the CECC's 2007 Annual Report.
Two cases of attempted infant abductions from the Sichuan earthquake zone:
Public security officials in Jiangyou city, Sichuan province, detained six people on May 16 who were attempting to transport five infants from the earthquake zone, according to a May 30 Jiangnan Metropolitan Daily article (via Xinhua) and a May 26 South China Morning Post article (subscription required). The individuals admitted that an unknown person gave them the babies to transport to Linyi city, Shandong province, where someone else would pick the babies up. They would have received 1,500 yuan (US$216) in "transportation fees" for each infant. The babies ranged in age from under 10 days to 2 months old. Public security officials were unable to locate the infants' parents, transferring them instead to a Jiangyou welfare institute where they received medical treatment. According to the welfare institute director, the infants were kidnapped around the time of the earthquake, with some likely taken from hospitals. The perpetrators then fed them sleeping pills to prevent them from crying.
In another case, Shandong province public security officials rescued three infants who had been transported from Sichuan province on May 29, according to a May 30 People's Daily - Photobase article (via NetEase). Four suspected perpetrators, who reportedly purchased the babies in Sichuan and had planned to sell them in Henan province, have been detained. The infants were under one month old. Shandong public security officials are coordinating with their counterparts in Sichuan to locate the babies' families, according to a June 2 Liaocheng News Net article. It is unclear what kind of care the infants are currently receiving.
Recent punishment of perpetrators involved in major cases of child abduction and selling:
On March 14, 2008, the Nanyang Municipal Intermediate People's Court in Henan province sentenced two people to death, and sentenced five others to 2 to 13 years imprisonment for abducting and selling children. Between April and December 2007, the perpetrators abducted nine boys in Henan and sold them for 12,000 to 33,000 yuan (US$1,746 to US$4,803) each in other counties in Henan and a county in Shandong province. The defendants were ordered to pay a total of 68,000 yuan (US$9,919) in compensation in a civil suit that was also filed, according to a March 20 Legal Daily article. In at least one case the child was sold into a family who already had two daughters and appeared to be raising the boy as their son, according to a January 9 Zhengzhou Evening News article (via Sina.com). A physical examination of the children revealed that they were in normal health, although many of the children experienced psychological effects after returning home, such as having nightmares and feeling withdrawn, according to a January 3 Xinhua article (via Sohu.com) and the Zhengzhou Evening News article. Besides the physical examination, it is unclear if the children received any other aftercare.
On May 15, 2008, the Qujing Municipal Intermediate People's Court in Yunnan province sentenced 16 people to prison terms ranging from three years to life, with the ringleader receiving the death sentence, according to a May 19 Legal Daily article. The individuals kidnapped and sold 15 children over the span of three months. The children were often resold several times; three of them are still missing. In at least one case the child was sold to someone who wanted to raise him as her own child, according to a February 11, 2007, Life News article (via Sohu.com). According to the Legal Daily article, the court, citing Article 240 of the Criminal Law and related provisions, handed down the following sentences:| Individual(s) | Sentence |
| Wang Shuhua | Death sentence, lifelong deprivation of political rights, and confiscation of all property. | | Wang Yunmei, Sun Yan, and Liu Qicui | Life imprisonment, lifelong deprivation of political rights, and confiscation of 50,000 (US$7,294) yuan of personal property. | | Zhou Dexiu and Wang Meitao | 15 years' imprisonment, a 40,000 (US$5,835) yuan fine, and 5 years' deprivation of political rights. |
Zuo (who had not reached 18 at the time of the crime), Zhou Jiafen, and Wu Qingyuan | 9 years' imprisonment and a 20,000 (US$2,917) yuan fine. | | Deng Bofu and Wu Shuqing | 8 years' imprisonment and a 20,000 (US$2,917) yuan fine. | | Guo Yongshi | 4 years' imprisonment and a 10,000 (US$1,459) yuan fine. | | Lu Sanqing, He Renmin, and Li Zufen | 3 years' imprisonment and a 10,000 (US$1,459) yuan fine. |
On June 5, 2008, the Dongguan Intermediate People's Court in Guangdong province upheld the previous ruling of the same court in 2005 that sentenced the leader of a child abduction ring to death, according to a June 9 China News article (via NetEase) and the SMD article. From March 2001 to May 2004, the ring abducted and sold 38 children who were playing in market areas without adult supervision from the Dongguan vicinity to Shantou city, Guangdong, where they were sold to other people. Each child was sold for around 10,000 yuan (US$1,459), according to the SMD article. The China News article reports that 12 children remain missing. According to media reports, a child was sold to a villager in at least one case, although it is unclear if there was exploitation involved and if the other children were sold into a similar situation.
| Source: -See Summary (2008-08-06 ) |
Posted on: 2008-08-15 |
 |
more ... |
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=106840 |
Hu Jintao Speech Stresses Media's Role To Serve Party
Chinese President and Communist Party General Secretary Hu Jintao's June 20 speech (via People's Daily) on the press in China highlighted the increasingly important role journalists play in maintaining the Party's ideological and political control. The speech gave little indication that China plans to grant its media greater freedom of the press. The setting and timing of the speech were significant, taking place at the offices of the People's Daily on the occasion of the Communist Party's flagship newspaper's 60th anniversary.
Hu said journalists' "first priority" is to "correctly guide public opinion." With information traveling faster today, journalism's effect on public opinion has increased. The Party's work and the country's long-term stability depend on journalists doing good "news propaganda work." He said journalists must play an active role in "consolidating a common ideological foundation for the whole Party and the people of every ethnic group in the whole country to unite in struggle," "disseminating socialism's core value system," and providing motivation and impetus to "promote the development of the causes of the Party and the state." "Comrades on the news battle line must fully recognize the great responsibility they bear," he said. Hu also emphasized the importance of political loyalty in the selection of editors, journalists, and news managers.
During his speech, Hu offered a number of justifications for why and how journalists should serve the ideological and political needs of the Party:
A Common Foe. Hu noted that one of the current challenges "especially worthy of attention" is that international public opinion still reflects a "West is strong, we are weak" pattern. He called on journalists to adopt a vigilant stance in meeting this challenge. Over the past year, China's media have attacked "Western" press coverage of the Tibetan protests and Chinese propaganda officials have ordered domestic media to issue "positive" Olympic stories to counter "negative" foreign reports.
The Earthquake and the Olympics. Hu said journalists should pay particular attention to making positive contributions in their coverage of the aftermath of the Sichuan earthquake that struck in May and China's preparations for the Olympics. Following the earthquake, officials ordered China's media to play up the rescue efforts of the Party and government and sought to prevent them from covering controversial stories about shoddy construction of schools where thousands of children are estimated to have died.
Co-opting the Internet and More Assertive Print Media Outlets. Hu described "metropolitan media" and "online media" as potential resources for propaganda that needed to be integrated into a "new setup for public opinion guidance." He did not specify what "metropolitan media" meant, but the term appears to refer to city newspapers whose reporting is sometimes critical, such as Southern Metropolitan Daily. Hu said the Internet had become a significant source of information and said "we" must fully understand its influence and manage it better so that it becomes "a forward position for disseminating socialist advanced culture." In January 2007, Hu also made significant comments regarding the Internet, calling for its purification and saying the stability of the state depended on the Party successfully controlling the Internet.
There is little in the speech to suggest that Hu supports greater press freedom. Language in the speech urging journalists to "ensure the people's right to know, right to participate, right to express, and right to supervise" are consistent with government initiatives to improve transparency and encourage the press to monitor the activities of local officials so long as it does not threaten the Party.
A July 10 Open Source Center (OSC) analysis (subscription required) also noted the significance of Hu's speech. At the People's Daily's previous two decennials, in 1988 and 1998, the Party General Secretary had sent in his congratulations instead of giving an on-site address. The analysis also noted that Hu emphasized the media's propaganda role in guiding public opinion and subordination to politics more than his predecessor Jiang Zemin did in 1996, the last time a top party leader had visited the People's Daily. OSC said this suggested "heightened concern about the party's influence in the current media environment."
For more information on how the Party uses the Chinese media to serve its own interests, see "Roles the Media Is Expected to Play" in Section II--Freedom of Expression of the Congressional-Executive Commission on China's 2007 Annual Report.
| Source: -See Summary (2008-07-16 ) |
Posted on: 2008-08-15 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=108644 |
Officials Report Release of More Than 3,000 of the More Than 4,400 Detained Tibetan "Rioters"
Chinese officials have disclosed information that, if accurate, shows that authorities have released more than 3,000 of more than 4,400 persons (nearly all Tibetan) whom security officials detained in connection with rioting in March, or who allegedly surrendered to authorities. The reports provide information only about persons whom authorities suspected of participating in rioting during a period of six days in nine county-level Tibetan areas.
Chinese officials have provided no information, however, about a large but unknown number of Tibetans whom security forces detained in connection with peaceful protests over a period of several weeks beginning on March 10. The protests spanned more than 40 additional county-level areas in the Tibetan autonomous areas of China.
Chinese authorities released by June 21 a total of 3,072 of the 4,434 persons whom officials characterized as "rioters" and who had surrendered or been detained by April 9, based on Congressional-Executive Commission on China (CECC) analysis of a June 21 China Daily report and previous reports. China's state-run media provided information (summarized in the Table below) about rioting in:- Lhasa city, Lhasa municipality, Tibet Autonomous Region (TAR) on March 14 (Xinhua, 9 April 08);
- Xiahe (Sangchu), Maqu (Machu), Luqu (Luchu), Zhuoni (Chone), and Diebu (Thewo) counties, and Hezuo (Tsoe) city located in Gannan (Kanlho) Tibetan Autonomous Prefecture (TAP), Gansu province from March 14 to March 19 (an additional Xinhua report, 9 April 08);
- Linzhou (Lhundrub) county, Lhasa municipality on March 14 (Tibet Daily, reprinted in China Tibet News, 19 March 08, translated in OSC, 19 March 08);
- Aba (Ngaba) county, Aba Tibetan and Qiang Autonomous Prefecture, Sichuan province on March 18 (Xinhua, reprinted in People¨s Daily, 25 March 08.
Official Chinese Sources: Detention, Surrender, and Release of Alleged "Rioters"
. | Lhasa city
March 14 rioting
Xinhua, April 9
| Gannan TAP
March 14-19 rioting
Xinhua, April 9
| Linzhou county
March 14 rioting
Tibet Daily, March 19
| Aba county
March 18 rioting
Xinhua, March 25 | TOTAL | | Surrender: total | 362
| 2204 (incl. 519 monks)
| 94 | 381 | 3041 | | Surrender: released
| 328 | 1870 (incl. 413 monks)
| . | . | . | | surrender: formal arrest
| . | . | . | . | . | | Surrender: remain detained
| 34 | 334 (incl. 106 monks)
| . | . | . | | Police detention: total
| 953 | 440 (incl. 170 monks)
| . | . | 1393 | | Police detention: released
| . | . | . | . | . | | Police detention: formal arrest
| 403 | 8 | . | . | . | | Police detention: remain detained
| . | . | . | . | . | | TOTAL: surrendered or detained
| 1315 | 2644 | 94 | 381 | 4434 | | TOTAL: remain detained
(reports as of June)
| 116
China Daily, June 21
| . | . | . | 116 | | TOTAL: sentenced
(reports as of June)
| 42
China Daily, June 21
| . | . | . | 42 | | TOTAL: released
(reports as of June)
| 1157
China Daily, June 21
| 1870
Xinhua, April 9
| . | . | 3027 | | TOTAL: status unknown
(reports as of June)
| 0 | 774 | 94 | 381 | 1249 |
The Table shows that Chinese officials have so far acknowledged that a court has sentenced only 42 persons for alleged criminal activity linked to rioting. The largest disclosure of such information was on the Lhasa Intermediate People's Court April 29 sentencing of 30 Tibetans to imprisonment for periods ranging from three years to life (Xinhua, 29 April 08, translated in OSC, 30 April 08). The court convicted the defendants for crimes described in the report as "arson, looting, picking quarrels and provoking troubles, assembling a crowd to storm state organs, disrupting public service, and theft." The current status of more than 1,200 alleged rioters remains unknown, based on information summarized in the Table.
The Table reveals a statistical discrepancy that may indicate either additional releases or the use of administrative instead of judicial sentencing. By June 21, authorities reportedly released 1,157 of the 1,315 persons who surrendered or were detained in connection with the March 14 Lhasa riot -- but Xinhua reported on April 9 that 403 of the 1,315 persons had been formally arrested on a criminal charge. If 1,157 persons were released, then the maximum number of persons who could have been formally arrested and faced trial would have been 158. It is unclear whether the report of 403 formal arrests was an error, or if 245 of the 403 arrests resulted in an outcome other than trial and sentencing. For example, if formal arrest on a criminal charge did not result in a procuratorate indicting a detainee on the charge, or if a procuratorate indicted a detainee but a court did not accept the case for trial, then public security officials may have released the detainee. Alternately, if either a procuratorate or a court decided not to proceed with prosecution, then public security officials could have referred the case to a reeducation through labor (RTL) committee. A RTL committee could order a detainee (without trial) to serve a period of administrative detention of up to three years, with the possibility of a one-year extension. Even though the Chinese government continues to punish large numbers of citizens administratively,the CECC has not seen reports in China's state-run media of public security agencies using administrative punishment for Tibetan rioters or peaceful protesters.
Tibetan rioting that resulted in the detention and criminal prosecution of Tibetans also took place in Duilongdeqing (Toelung Dechen) and Dazi (Tagtse) counties on March 14 and 15 respectively, based on additional official reports (Xinhua, 29 April 08 (translated in OSC, 30 April 08); Xinhua, 29 April 08; Xinhua, reprinted in China Daily, 24 March 08; Xinhua, 5 April 08). Both counties are adjacent to Lhasa city and are under Lhasa municipality administration. It is unclear, however, whether or not the detention and criminal prosecution of Tibetans for participation in alleged rioting in Duilongdeqing and Dazi are reflected in the Xinhua April 9 statistics summarized in the Table because neither county is mentioned in the April 9 report.
Eighteen civilians and one police officer died as a result of the March 14 rioting, according to the June 21 China Daily report, but Chinese officials have not provided information about criminal charges and prosecution linked to the deaths. Following an amendment of China's Organic Law of the People's Courts that took effect on January 1, 2007, if a court sentences a defendant to death, the Supreme People's Court must review and approve the sentence before an execution can be carried out. Prior to the amendment, the same court that would hear an appeal against the verdict (the TAR High People's Court, in this case) also had the authority to issue final approval of the sentence.
| Source: -See Summary (2008-07-09 / English / Free) |
Posted on: 2008-08-15 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=107985 |
The Human Toll of the Olympics
While the financial cost of the Olympics is estimated at $43 billion, the human toll of China's preparations for the Olympics is also considerable. Seeking to ensure security and project a "positive" image, China has cracked down on groups it deems potential "troublemakers": migrant workers, petitioners, ethnic minorities, Falun Gong practitioners, activists, rights defenders, religious leaders, and others. This crackdown has intensified during the months and weeks leading up to the Games, which begin on August 8. At the same time, China has fallen short in meeting formal commitments it made to the International Olympic Committee (IOC). These commitments include increased freedom for the foreign press and progress on environmental issues.
Press Freedom - Foreign broadcasters and journalists in China have described numerous burdensome and last-minute bureaucratic hurdles thrown up by Chinese officials in recent weeks to limit uncensored, live coverage during the Olympics, according to a July 24 Associated Press (AP) article. Chinese officials claim restrictions on live coverage and broadcast sites are necessary for security. Foreign journalists, however, note that these restrictions contradict earlier promises and appear designed to give officials wide latitude to restrict reporting arbitrarily.
- The Commission noted in previous analyses that China promised foreign journalists "no restrictions" for the Olympics. Officials have made frequent exceptions to this promise - including barring foreign reporters from traveling anywhere near reported protests in Tibetan areas, and detaining foreign reporters attempting to cover protests by parents following a May earthquake - suggesting that officials retain considerable discretion to deviate from this promise.
- A Beijing Olympic official confirmed on July 30 that foreign reporters' access to certain Web sites, including those relating to Falun Gong, would be blocked at Olympic venues, according to a July 30 Agence France-Presse (AFP) article. Foreign journalists initially reported not being able to access the Web sites for Amnesty International, Human Rights Watch, the Tibetan government-in-exile, those providing information about the 1989 Tiananmen democracy protests and Falun Gong, Radio Free Asia, Deutsche Welle, and the Hong Kong-based Apple Daily, and the Chinese-language sites for Voice of America, and the BBC, according to the AFP article and a PC World article and Deutsche Welle article of the same date. They also said that such censorship was not evident in previous Games. In September 2006, a Chinese Olympic official said that Internet access for foreign reporters during the Olympics would be uncensored, according to a September 27, 2006, Reuters article (via China Daily). In April of this year, the IOC expressed concern to Chinese Olympic officials over Internet censorship that followed Tibetan protests that began in March, saying that China's Host City Contract (which is not publicly available) with the IOC obligated it to offer open Internet access to foreign journalists during the Olympics, according to an April 2 South China Morning Post (SCMP) article (subscription required).
- On July 30, the IOC acknowledged that it had "negotiated with the Chinese that some sensitive sites would be blocked on the basis they were not considered Games related," according to a July 30 Reuters article. A day later the IOC said that "[w]e have a team working with [the Beijing Olympic Committee] to unblock sites to make it easier for reporters and to remove any concerns that sites are censored. Apart from those sites, for example, which relate to pornography, which is common to every country in the world to block, and sites which could be considered subversive, all other sites should be free to enable all reporters to properly report on the Games as they have in previous Games," according to an August 2 Australian article. The New York Times reported on August 1 that the Web sites for Amnesty International, Human Rights Watch, Radio Free Asia, and the Chinese language service of the BBC had become accessible at the Olympic Village, but that other sites relating to Tibet, Chinese dissidents, and the 1989 Tiananmen democracy protests remained blocked.
See previous Commission analyses in this area going back to 2005:
China's Olympic Commitments on Media Control and Internet Access (Posted 07/2008)
Hu Jintao Speech Stresses Media's Role To Serve Party (Posted 07/2008)
China Commits to "Open Government Information" Effective May 1, 2008 (Posted 05/2008)
Censorship of Internet and Foreign News Broadcasts Following Tibetan Protests (Posted 04/2008)
Mixed Progress for Olympic Foreign Reporting Regulations One Year Later (Posted 01/2008)
Central Propaganda Department Restricts Reporting on Air Quality, Food Safety (Posted 12/2007)
Chinese Government Relaxes Restrictions on Foreign Journalists for Olympics (Posted 11/2007)
IOC Expresses Concern About Government Restrictions on News Media (Posted 11/2005)
Beijing Olympic Committee Refusing All Telephone Interviews To Avoid Falun Gong Journalists (Posted 08/2005) Environment - Beijing officials point to the city meeting its 2007 target of 245 days of ^blue skies ̄ as an indicator of improved air quality, according to a December 30, 2007, Reuters article. Yet Chinese academics and other experts have criticized the government¨s lack of transparency with regard to its pollution data and the temporary nature of many of its anti-pollution measures, according to a May 14 SCMP article (subscription required).
- It remains to be seen if Beijing¨s air quality during the Olympics C determined by measuring the levels of four pollutants C will meet promised World Health Organization (WHO) standards. Levels of sulfur dioxide meet current WHO standards but particulate matter 10 levels do not meet these standards, according to a July Greenpeace report. Beijing¨s environmental protection bureau currently does not measure ozone or particulate matter 2.5, which have documented adverse health effects.
- China's costly policy of diverting water from outer provinces to Beijing for the Olympics threatens environmental conditions in those provinces, according to a June Probe International report. Local officials reportedly harassed a group of journalists and a domestic environmental non-governmental organization (NGO) worker visiting reservoirs in Hebei province that were sending water to Beijing, according to a July 14 San Francisco Chronicle article.
See previous Commission analyses in this area going back to 2007:
^Green Olympics ̄ Commitments Raise Concerns Over Transparency and Implementation (Posted 01/2008)
SEPA Issues Measures on Open Environmental Information (Posted 12/2007) Crackdown on Certain Groups and Individuals
Petitioners
- A July 17 Oriental Daily report (via Open Source Center, July 17, subscription required) noted that provinces and localities outside Beijing had dispatched personnel to the capital to repatriate, sometimes forcefully, residents who had come to Beijing to petition the government. Amnesty International reported on April 1 that Beijing Public Security Bureau officers had already detained thousands of petitioners as part of an Olympics "clean up," and repatriated many of them.
Activists, NGOs, and Rights Defenders
- Numerous activists, as well as the spouses of imprisoned rights defenders Hu Jia and Chen Guangcheng, have been subjected to unlawful home confinement and/or surveillance in order to prevent them from protesting or meeting with foreign journalists during the Olympics, according to a July 25 Radio Free Asia report.
- SCMP reported (subscription required) on June 25 that officials monitoring the Internet in China were targeting Web sites run by local NGOs, including blocking access to one Web site serving hepatitis B sufferers. The Christian Science Monitor reported in December 2007 of an ongoing crackdown on NGOs that began earlier that year. In both cases, NGO activists believe those moves were related to the Olympics.
- The Hong Kong-based Information Centre for Human Rights and Democracy reported that the Shanghai Public Security Bureau ordered activists, petitioners, and other "controlled" people not to leave the city and barred them from speaking to foreign press "for the purpose of strengthening public order during the Beijing Olympics," according to a June 25 SCMP article (subscription required).
- The Commission has noted that in recent months officials have reportedly held in custody, detained, or sentenced Chinese citizens who have peacefully criticized China's human rights conditions and linked such criticism to the Olympics. These individuals include Hu Jia, Wang Dejia, Teng Biao, and Yang Chunlin.
- The July 25 Radio Free Asia report also noted that Qi Zhiyong, a Beijing-based activist who lost a leg during the Tiananmen crackdown in 1989, was told that he would be detained if he did not leave Beijing for the duration of the Olympics.
Migrant Workers
- Agence France-Presse (AFP) reported (via Yahoo) on July 24 that authorities were ordering many of Beijing's millions of migrant workers to leave the city, a charge an official denied. In September 2006, Beijing officials said that migrant workers would not be forced out of Beijing during the Olympics, according to a September 15, 2006, Xinhua article (via Open Source Center, 15 September 06, subscription required).
Religious Groups and Falun Gong Practitioners - Some unregistered religious communities have reported increased harassment and abuse in the run-up to the Olympics. On July 18, authorities expelled Pastor Zhang Mingxuan, president of the Chinese House Church alliance, from Beijing after closing his church earlier that month on the grounds that it would be "a destabilising factor during the [Olympic] Games," according to Zhang's remarks as reported in a July 20 SCMP article (subscription required). "The crackdown on underground churches so far this year is much more intense than the past few years put together because of the Olympic Games," according to Zhang, as reported by the SCMP in another July 20 article (subscription required). Minister of Public Security Zhou Yongkang stated in March 2007 that the government would "strike hard" against hostile forces inside and outside the country, including religious and spiritual groups, to ensure a "good social environment" for the Olympics and 17th Communist Party Congress. For additional information, see a July 28 report from the China Aid Association.
- In the months preceding the Olympics, Chinese security officials have implemented a widespread campaign to round up and intimidate Falun Gong practitioners nationwide. According to a July 8 Falun Dafa Information Center (FDIC) report, at least 8,037 adherents have been arrested since December 2007, including 208 in Beijing alone. Some of those detained were subsequently sentenced to reeducation-through-labor camps. Local police and public security officials have reportedly been making door-to-door arrests based on a previously compiled list of local practitioners, according to a March 12 FDIC report.
- The central government has widely disseminated a directive urging local officials to actively detain Falun Gong practitioners and has publicly portrayed them as a dangerous threat to stability on par with "terrorism." A July 11 Xinhua article reports on a notice to Beijing residents offering a reward for what the report described as "substantial information on terrorist attacks, sabotage by illegal organizations and cults such as the Falun Gong..."
North Korean Refugees
- In the year leading up to the Olympics, the government has intensified border surveillance and stepped up efforts to capture and forcibly repatriate North Korean refugees, according to articles from the Sunday Times on June 29, Time Magazine on March 6, and Radio Free Asia on March 21. The Sunday Times article noted an agreement between China and North Korea to "tighten security measures to ensure 'stability' in the run-up to the Olympic Games and to stop any embarrassing demonstrations by refugees." A July 22 AP report based on South Korean intelligence sources also confirms that Chinese border security has increased, refugees are being targeted, and that even renewal of visas for North Koreans with proper documentation has been restricted.
- In preparation for the Olympic torch relay's arrival in Yanji City on July 19, Chinese public security agents conducted daily inspections of the homes of ethnic Koreans living near the border since April, according to a June 18 Daily North Korea report and a June 14 report from Life Funds for North Korean Refugees (LFNKR). Residents report to LFNKR that penalties for harboring refugees now include imprisonment and fines ranging from 8,000 to 10,000 RMB (US$1,150-1,445). Interviews conducted by the Sunday Times with border residents in June found that local authorities were repatriating ^several hundred ̄ refugees per month as a result of the house inspections.
- In recent months, government harassment of religious communities along the border has increased dramatically. The central government has ordered provincial religious affairs bureaus to investigate religious communities for signs of involvement with foreign coreligionists, according to an April 10 LFNKR report. In the Yanbian Korean Autonomous Prefecture, Chinese authorities have shut down churches found to have ties to South Koreans or other foreign nationals.
Others
Tibet - The Chinese government has taken new measures that attempt to force the Dalai Lama to accept responsibility for the views and actions of Tibetan activist groups that seek to stage pro-independence protests against the backdrop of the Beijing Olympics, and to stop such groups from carrying out their protests. A senior Party official told the Dalai Lama's envoys when they visited Beijing on July 1 and 2 that as a precondition to continuing the dialogue the Dalai Lama must "explicitly promise" to provide "no support for activities that aimed to disturb and sabotage the Beijing Olympic Games," and that he must prove his compliance through his actions (Xinhua, reprinted in China Daily, 3 July 08).
- The Tibetan People's Uprising Movement (TPUM), an association of Tibetan activist groups that calls for Tibetan freedom, announced on July 22 that the group would organize protests against China's role as the Olympic host during and after the Olympics at the locations of United Nations and International Olympic Committee offices in the United States and Europe, according to a statement posted on the TPUM Web site. Chinese officials have blamed the Dalai Lama (or the "Dalai Clique") for TPUM activities (Xinhua, 1 April 08), even though the Dalai Lama has continued to reiterate his explicit support for the Beijing Olympic Games (see, e.g., the Dalai Lama's April 6 statement, Office of His Holiness the Dalai Lama Web site).
- The Tibetan Youth Congress (TYC), a pro-Tibetan independence group and TPUM's principal affiliate, announced separately that it would "stage [a] series of protests worldwide before and during the Beijing Games" (Phayul, 21 July 08). Chinese officials have accused the TYC (without providing substantiation) of "violent terrorist activities" and, as another new precondition on dialogue, have demanded that the Dalai Lama "concretely curb" the group's alleged violent activity (Xinhua, reprinted in China Daily, 3 July 08). The Dalai Lama's envoys "categorically rejected" the Chinese characterization of the TYC during the July meetings in Beijing, according to the Special Envoy's July 5 statement (reprinted on the International Campaign for Tibet Web site).
See previous Commission analyses in this area dating back to 2006:
Official Information Confirms Sentence for Tibetan Nun Who Put Up Posters (Posted 11/2006)
Gansu Court Sentences Five Tibetan Monks and Nuns for Protest Posters (Posted 02/2006) Xinjiang Uighur Autonomous Region (XUAR) - Uighurs in the XUAR and overseas groups reported that Chinese authorities increased controls in the region to prevent perceived threats to stability as the Olympic torch relay passed through the XUAR, according to a June 15 AFP article (via ABS-CBN News Online). According to sources cited in the article, officials barred some local Muslims from traveling overseas, required residents to "avoid contact with foreigners" and "report any overseas journalists operating in the area," forced Muslim religious personnel to receive "political education" on "protecting" the Olympics, and detained thousands.
- According to a June 18 Radio Free Asia article, a spokesman for the German-based World Uighur Congress said torch relay onlookers would have to pass a political background check and be required to cheer.
- Chinese officials have sought to justify the recent crackdown as intended to prevent terrorist activity that could disrupt the Olympics. The Commission noted in a March analysis that XUAR Communist Party Chair Wang Lequan linked a January security raid to a group allegedly planning to attack the Olympics, although he provided only limited details about the incident.
See previous Commission analysis in this area going back to 2008:
Authorities Block Uighur Protest in Xinjiang, Detain Protesters (Posted 04/2008)
| Source: -See Summary (2008-08-01 ) |
Posted on: 2008-08-04 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=109167 |
Officials Order Hotels To Step Up Monitoring and Censorship of Internet
Over the last year, public security officials across China have ordered hotels, guesthouses, and other places offering Internet access on a "non-commercial" (fei jingying xing) basis to comply with existing Internet regulations and install Internet security systems capable of monitoring and censoring users' Internet activities. A recent search of public documents online found official notices to that effect and reports of related public security campaigns in Wuxi city, Jiangsu province (reported July 25, 2007), Shenzhen city, Guangdong province (issued August 1, 2007), Jining city, Shandong province (issued December 12, 2007), Zibo city, Shandong province (issued December 14, 2007), Dongguan city, Guangdong province (issued December 26, 2007), Shunde district, Foshan city, Guangdong province (issued January 7, 2008), Dongying city, Shandong province (issued March 20, 2008), Xintai city, Shandong province (reported May 16, 2008), and Yiyuan county, Zibo, Shandong province (issued June 20, 2008). In a report titled "Strengthen Hotel and Guest House Internet Security Supervision, Laws To Make It Happen, Beijing Olympics Closing In, Public Security Extends Strength of Internet Security Supervision at Hotels and Guesthouses in Each Area," a Chinese technology industry Web site noted that Shanghai (May 12, 2008), Anqing city, Anhui province (beginning of 2007), Liuzhou city, Guangxi province (reported March 27, 2008), and Lianyungang city, Jiangsu province (March 17, 2008), among others, had also taken similar measures.
Though the orders do not directly refer to the Olympics, many specify that hotels and guesthouses must complete installation of Internet security systems before China hosts the games in August. The Zibo notice, for example, requires hotels and guesthouses to comply by February 2008, while other places covered by the notice have until October. The Dongying notice provides a similar requirement, with hotels and guesthouses required to comply before April 2008, while others have until October. In the case of Dongguan, hotels and other places were required to have installed network security supervision systems by May 31, 2008, before inspections that began on June 1. Shunde's notice announced that inspections would begin in March and that those found not to be in compliance could be fined or forced to close.
The notices and reports indicate that hotels and guesthouses have been ordered to do one or more of the following: - Install Internet security supervision technology and systems recommended by public security officials and that meet government standards. Such systems must be able to record users' login and logoff times, dial-up number, account number, Internet address or domain name, and registration information; send data to a reporting center run by public security officials; discover and stop transmission of "illegal information"; and retain records of users' Internet activities for 60 days, in compliance with the Provisions on Internet Security Protection Technology Measures issued in 2005.
- Improve procedures to deal with Internet security incidents and trace responsibility. In some areas, hotels and other places are ordered to notify public security officials within 24 hours of discovering such an incident.
- Set up departments and designate personnel responsible for the Internet security supervision system and ensure that personnel are qualified and well-trained.
- Sign a pledge to implement the Internet security technology measures. At a December 7, 2007, meeting convened by the Jining City Public Security Bureau more than 20 hotels and guesthouses in attendance signed such a pledge.
These measures alone do not necessarily violate international human rights standards. The measures may help officials combat pornography, online gambling, invasions of privacy, and intellectual property violations, all of which are prohibited under Chinese regulations. The measures, however, also may further assist officials in carrying out censorship of politically sensitive information on the Internet and punishing Internet users who criticize the Chinese government or Communist Party online, in violation of international human rights standards for freedom of expression. Article 19 of the International Covenant on Civil and Political Rights, which China signed and has committed to ratify, permits states to restrict freedom of expression only if necessary to respect the rights or reputations of others or protect national security, public order, or public health or morals. China's restrictions on peaceful political expression on the Internet violate Article 19.
For more information on China's imprisonment of online critics and censorship of the Internet in general, see "Internet Censorship" in Section II - Freedom of Expression, in the Congressional-Executive Commission on China's 2007 Annual Report.
| Source: -See Summary (2008-08-01 ) |
Posted on: 2008-08-04 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=109534 |
Statement on China's Olympic Commitments by Chairman Sander Levin and Co-Chairman Byron Dorgan (August 1, 2008)
China made a number of commitments in its quest to host the 2008 Olympic Summer Games. These included specific commitments to human rights, press freedom, openness and the environment. These commitments are documented and unmistakable. China plays an increasingly significant role in the international community, and it is vital that there be continuing assessment of its commitments, whether as a member of the WTO or as the awarded host of the Olympics. This is not a matter of one country meddling in the affairs of another. Other nations, including ours, have both the responsibility and a legitimate interest in ensuring compliance with these commitments.
On July 12, 2001, days before the International Olympic Committee voted to select Beijing as the site of the 2008 Olympics, Mr. Wang Wei, Secretary General of the Beijing Olympic Bid Committee, told the press, "(w)e are confident that the Games coming to China not only promotes our economy, but also enhances all social conditions, including education, health and human rights." These words could not have been clearer. Human rights and the 2008 Olympics were linked before Beijing was awarded the Games, and China itself linked them. And China was correct to do so. Let us be absolutely clear: criticism of China continues today not due to meddling, not due to "subversion," and not even because China is hosting the Olympics. Criticism continues because China's leaders refuse to live up to the international commitments they themselves publicly made.
Today, more than 800 individuals are known to be languishing at this very moment in jail cells across China simply for attempting to exercise their rights to speak, to write, to work, to organize, and to engage fully in spiritual and religious life. They are peasants, professors, parents, priests, and poets. They include those who were branded subversive for stating publicly that the protection of human rights mattered more to them than hosting the Olympic Games.
Beijing's Olympic bid documents stated "There will be no restrictions on journalists in reporting on the Olympic Games," and Beijing's Action Plan for the Olympics states that "(i)n the preparation for the Games, we will be open in every aspect to the rest of the country and the whole world." Yet the Foreign Correspondents' Club of China received reports of 160 cases of various forms of harassment against foreign journalists in China during 2007 and 110 cases just in the first six months of 2008.
Furthermore, journalists in Beijing's Olympic press facilities reported on July 30 that China blocked foreign reporters' access to foreign web sites, including those of organizations reporting on human rights issues related to the Olympic Games. Reporters in the Olympic press headquarters in Beijing today confirmed that some previously restricted sites had been unblocked, but whether these actions constitute full compliance with China's prior commitments remains to be seen.
Beijing's bid documents also stated that "Beijing promises to provide a clean environment for the athletes by 2008." Yet athletes from around the world are arriving in Beijing with anti-pollution masks, and the International Olympic Committee (IOC) is considering rescheduling endurance events such as the marathon to prevent health risks due to air pollution.
China's failure to meet the commitments it made in its quest for the Games ! which, as this newsletter shows, are clear, documented and unmistakable ! underscores serious questions about what China and other nations will do in the future if China's failure to meet its Olympics-related commitments continues.
To contact Chairman Sander Levin, call Douglas Grob at 202-226-3777.
To contact Co-Chairman Byron Dorgan, call Charlotte Oldham-Moore at 202-226-3798.
| Source: -See Summary (2008-08-02 / English / Free) |
Posted on: 2008-08-03 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=109584 |
China's Earthquake Coverage More Open But Not Uncensored
Numerous reports in foreign media of China's initial response to the May 12 Sichuan earthquake described unusual media openness and government candor when compared to previous disasters. From the beginning, however, Communist Party and government officials directed Chinese media to emphasize the government's proactive response to the disaster and to focus on positive stories that promoted national unity and stability. Furthermore, China has quickly sought to rein in press coverage of topics that could taint the public's view of China's response, including allegations of official malfeasance leading to the collapse of a large number of schools. After parents of some of the thousands of children killed in the collapses began protests, officials reportedly ordered Chinese media to curb reporting on the issue, forcibly removed parents from protest sites, and briefly held foreign reporters trying to cover the protests in custody.
In the days following the quake, the New York Times (NYT) (May 14), Wall Street Journal (WSJ) (May 14), Associated Press (AP) (May 14, May 26), and Los Angeles Times (LAT) (May 23), among other media outlets, reported that Chinese television aired extensive and graphic live coverage from disaster areas, foreign reporters had largely unfettered access to disaster areas, and Xinhua, the central government's news agency, initially issued updates by the minute. The May 14 NYT article said "the rescue effort playing nonstop on Chinese television is remarkable for a country that has a history of concealing the scope of natural calamities," and according to the May 26 AP article, "[n]ever before have the nation's leaders allowed foreign reporters so much freedom to cover a major disaster." The reports noted that China's response following the Sichuan earthquake compared favorably to the devastating 1976 Tangshan earthquake, the 2003 SARS outbreak, Tibetan protests that began in March, and a major train collision in April - instances where officials sought to conceal casualty totals or severely limit media coverage.
Nevertheless, both Chinese and foreign media reports have indicated that since the disaster struck, Chinese officials have used their control over the media to shape post-quake coverage to their advantage. Hours after the quake, the Party's Central Propaganda Department issued a directive prohibiting media from sending reporters to the disaster areas and ordering them to only run reports from the central television station and news agency, according to a May 18 NYT article and the May 23 LAT article. Li Changchun, a high-ranking member of the Politburo, called on China's press to propagandize the government's rescue efforts and emphasize positive propaganda, unity, and stability, according to May 14 and May 17 Xinhua articles. As a result, China's domestic media have largely shied away from "negative reports," according to a May 24 article in The Age (Australia). There are indications, however, that Chinese journalists are testing the boundaries. So many journalists ignored the original order not to travel to the quake zones that it was later rescinded, according to the May 18 NYT article. And progressive Chinese media have reported on protests by angry parents seeking official accountability for poorly constructed schools (Southern Metropolitan Daily, May 26), and called for better earthquake-resistance standards for schools and enhanced supervision in the construction process (Caijing, May 22).
It is unclear why China has allowed this limited openness and more recent signs indicate that China has already begun to pull back. China has sought to play up what it calls "unprecedented transparency" following the earthquake as being the result of reforms that have taken place gradually in recent years, culminating most recently in open government regulations that went into effect on May 1, according to a May 26 Xinhua special report. Other observers have argued, however, that factors outside of China's control may have played a more important role. One media observer noted in a May 23 Washington Times (WT) article that censors may have been hampered because "news was spreading too quickly through online channels and the impact of the tragedy ran too deep." Others have noted that the nature of the event made it easier for China to respond with openness. "It is important to note that this was a natural disaster. People are united behind the government rescue effort so allowing a freer flow of information is politically beneficial for the censors," said Xiao Qiang, director of the China Internet Project and professor of journalism at the University of California at Berkeley, according to the WT article. China's rapid and extensive lockdown on information following the recent Tibetan protests (see previous CECC analyses: 1, 2, 3), for example, suggests that the Party's willingness to allow "openness" will depend heavily on context. The Financial Times (June 1) and AP (June 3, via Guardian) reported that officials recently ordered media to rein in coverage of the school collapses and prevented foreign journalists from reporting as officials forcibly broke up a protest by grieving parents.
For a timeline highlighting major events affecting media coverage and the free flow of information in the aftermath of the earthquake, click on "more" below.
Timeline of Major Events Affecting Media Coverage and Free Flow of Information MAY 12 - A then-reported 7.8 magnitude earthquake (later revised to 8.0) strikes Wenchuan County, Sichuan province at 2:28 p.m., according to a May 12 Xinhua article. Premier Wen Jiabao immediately flies to the disaster zone.
- Within 20 minutes of the quake, officials announce its location and magnitude, and within hours death counts begin, and are frequently updated, according to a May 15 Xinhua article. Information about the quake, some in the form of rumors, spreads quickly over the Internet and cell phones, according to a May 13 WSJ article.
- Just hours after the quake, the Central Propaganda Department (CPD) issues an order barring media from sending reporters to the disaster areas, according to a May 18 NYT article. So many journalists ignore the order that by May 14 the CPD changes tack, saying reporters can go but must travel with rescue teams, even though many journalists have already been reporting live from the disaster areas.
- Li Changchun, a member of the Politburo Standing Committee, convenes a "special meeting" of propaganda officials, and calls on news media to "consciously implement the spirit of the central authorities," "firmly grasp the correct direction of public opinion," and "persist in giving priority to unity, stability, encouragement, and positive propaganda," according to a May 14 Xinhua article.
MAY 13 - Xinhua reports that the Ministry of Public Security (MPS) has issued an urgent circular strengthening monitoring of cell phones and the Internet to ensure "correct guidance of public opinion."
MAY 14-15 - Foreign media reports note the unusual candor of Chinese media coverage. China's central television station, CCTV, issues 24-hour coverage of the quake, and newspapers devote at least half their pages to the disaster, according to a May 15 AP article. Coverage is unusually candid, showing buried bodies, wounded victims, and grief-stricken family members. Despite openness, foreign media note heavy emphasis on coverage of Premier Wen's presence in the disaster areas. Foreign reporters appear to enjoy unfettered access, according to the May 14 NYT article. A few journalists later report blocked access or harassment in quake areas, according to a May 19 Foreign Correspondents Club of China statement.
- In a May 14 commentary, the official China Daily questions whether the central government had spent enough to ensure the safety of school buildings, noting that in some areas deaths in schools constituted the majority of reported fatalities.
- On May 15, the MPS announces that 17 citizens were punished, including detentions in two cases, for circulating "malicious rumors" about the quake on the Internet, according to a May 15 Xinhua article.
MAY 16 - Li Changchun visits the offices of Xinhua and CCTV, and outlines how reporters should be covering the earthquake, according to a May 17 Xinhua article. He said they should propagandize the important policies being implemented by the Party and central government as well as the positive actions of officials at all levels and the People's Liberation Army, and "show the great spiritual strength of the Chinese nation in uniting as one."
MAY 18 MAY 20 - Agence France-Presse reports that the Chinese press' relatively positive coverage of the government's response to the disaster stood in contrast to greater criticism circulating on the Internet.
- Foreign media observe that Chinese media coverage turns less aggressive. Newspapers begin to publish more official Xinhua stories, according to a May 20 WSJ article.
MAY 22 - The Communist Party's People's Daily reports the investigation and handling of 55 cases of "starting rumors" on the Internet about the earthquake.
MAY 24 - An examination of Chinese media reporting following the quake by The Age (Australia) finds that most stories focused on "non-threatening storylines - extraordinary rescues, miraculous survivals...and the laudable efforts of Premier Wen Jiabao...." The article notes that Chinese analysts and journalists interviewed said "there has been little analysis of earthquake prevention measures or apparently substandard construction of schools and other buildings, and few negative reports."
JUNE 1 - The Financial Times reports that sometime late in the week of May 25, Chinese journalists received a directive telling them to avoid coverage of the school collapses.
JUNE 3 - AP reports (via NYT) that Chinese police forcibly disperse a protest of more than 100 parents of children killed in a school collapse in the Sichuan city of Dujiangyan and briefly hold an AP reporter and two photographers in custody to prevent them from reporting the event.
For more information on freedom of expression in China, see Section II - Freedom of Expression, in the CECC's 2007 Annual Report.
| Source: -See Summary (2008-06-05 / English / Free) |
Posted on: 2008-07-30 |
 |
more ... |
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=106280 |
China Demands That the Dalai Lama Fulfill Additional Preconditions to Dialogue
Introduction
An unnamed official of the Chinese Communist Party United Front Work Department (UFWD) has outlined new preconditions that the Chinese government expects the Dalai Lama to fulfill if the dialogue between Chinese officials and the Dalai Lama's representatives is to continue, according to a July 6, 2008, Xinhua report (translated in OSC, 07 July 08).
The preconditions press Chinese unsubstantiated government accusations that the Dalai Lama is responsible for Tibetan pro-independence views and activities, Tibetan violence during March rioting in Tibetan areas of China, a Tibetan NGO that the Chinese government characterizes as "terrorist," and Tibet activists' attempts to disrupt activities associated with the 2008 Beijing Olympic Games. The preconditions direct the Dalai Lama to take action to alter the political positions and activities of Tibetans internationally and within China. Another precondition that could impact the relationship between the Dalai Lama and India, and possibly between China and India, instructs the Dalai Lama to provide a blanket statement supporting the Chinese government position on questions of territory and sovereignty.
The Chinese government has offered to discuss with the Dalai Lama his personal future if he fulfills all of the Chinese government preconditions. Party and government officials have asserted that the Dalai Lama does not represent the Tibetan people and that he has no right to negotiate issues that address the future of Tibet or Tibetans.
The Seventh Round of Dialogue
The UFWD official detailed the new demands after the Dalai Lama's Special Envoy Lodi Gyaltsen Gyari and Envoy Kelsang Gyaltsen concluded a June 30 to July 3 visit to Beijing to conduct the seventh round of formal dialogue with Chinese officials since such contacts resumed in 2002. UFWD Head Du Qinglin led the Chinese team, which also included UFWD Executive Deputy Head Zhu Weiqun and Deputy Head Sita (or Sithar), according to the July 6 Xinhua report and a July 5 statement by Lodi Gyari. Senior UFWD officials served as the envoys' counterparts for all six of the previous rounds of dialogue, according to Lodi Gyari's statements following each round of meetings: September 2002, May-June 2003, September 2004, June-July 2005, February 2006, and June-July 2007. In 2005, the UFWD established a new bureau to handle Tibetan affairs, according to a September 12, 2006, Singtao Daily report (translated in OSC, 15 September 06). The Seventh Bureau's mission is "to cooperate with relevant parties in struggling against secessionism by enemies, both local and foreign, such as the Dalai Lama clique, and to liaise with overseas Tibetans." The UFWD oversees the implementation of Party policy toward ethnic and religious groups, intellectuals, entrepreneurs, and China's eight "democratic" political parties, among other functions. (See the official Chinese government Web site for an explanation of "democratic" parties).
The July 1 and 2 meetings in Beijing followed a cascade of generally peaceful Tibetan protests that began on March 10 in Lhasa, the capital of the Tibet Autonomous Region (TAR), then swept across more than 50 additional county-level areas in the TAR and Tibetan autonomous areas located in Qinghai, Gansu, and Sichuan provinces. Chinese officials maintain that "the Dalai Clique"!Tibetan organizations and individuals, and their supporters, whom Chinese officials claim that the Dalai Lama controls!"organized, premeditated, and masterminded" rioting that took place in Lhasa and 10 other county-level locations, as well as international protests that disrupted the Olympic torch relay. (See, e.g., Xinhua, 1 April 08, for Ministry of Public Security (MPS) accusations, and CECC Analysis, 10 April 08, 7, for analysis of the accusations.) The Dalai Lama has continued to reiterate his support for the Beijing Olympic Games and to call on all Tibetans!wherever they live!to refrain from violence. (See, e.g., Office of His Holiness the Dalai Lama, Statement of His Holiness the Dalai Lama to All Tibetans, 6 April 08).
Chinese officials and the Dalai Lama's envoys said after the Beijing talks concluded that continuing the dialogue is in jeopardy and depends on measures undertaken by the other side. The UFWD official said in the July 6 Xinhua report that if "the Dalai side" could not accept the government requirements conveyed to the envoys (the "four no supports") and make progress to "materialize" them, then "there would hardly be the atmosphere and conditions required for the contacts and discussions between the two sides." Lodi Gyari said in his July 5 statement that the Tibetan delegation had been "compelled to candidly convey to our counterparts that in the absence of serious and sincere commitment on their part the continuation of the present dialogue process would serve no purpose."
The envoys had traveled to Shenzhen city, Guangdong province, for preliminary, informal talks with UFWD officials on May 4. Gyari said in a May 8 statement that the envoys had stressed the importance of "ending the current repression throughout Tibet," releasing prisoners, allowing the injured to receive proper medical treatment, and providing visitors and reporters with "unfettered access" to Tibetan areas of China.
More Preconditions: Four "No's" and Three "Stops"
The "four no supports," according to the July 6 Xinhua report, direct the Dalai Lama to "give an open and explicit promise and take corresponding actions" that he would give (ordered as in Xinhua):- "no support for activities that aimed to disturb and sabotage the Beijing Olympic Games;"
- "no support for and making no attempt to conspire and incite violent criminal activities;"
- "no support for and taking earnest steps to check the violent terrorist activities of the 'Tibetan Youth Association' [Tibetan Youth Congress (TYC)];" and
- "no support for any propositions [zhuzhang] or activities that sought to achieve 'Tibet independence' and split the motherland."
The UFWD official explained that the "four no supports" are a "concretized form" of the "three stops." He described the "four no supports" as "more operable, and more acceptable to the Dalai side," and said that they represent "a message of goodwill that we would like to send to the Dalai side, in order to ensure positive results for the contacts between the two sides." The July 6 Xinhua article did not define the "three stops," but a July 7 Xinhua report did so. The Chinese government has requested the Dalai Lama to (ordered as in Xinhua):- "stop activities aimed at splitting China;"
- "stop plotting and inciting violence;" and
- "stop disrupting and sabotaging the Beijing Olympic Games."
The UFWD official claimed in the July 6 Xinhua article that while the Dalai Lama's envoys were in Beijing, they "recognized the requirement as a new gist put forward by the central government, and indicated that they would accept the requirement raised by the central government." Public statements by the Dalai Lama's envoys, however, express no such acceptance of these demands, and instead reject them as without basis. Lodi Gyari observed in his July 5 statement, that "the Chinese side" is "now urging His Holiness not to support violence, terrorism, and sabotaging the Olympics." The envoys, he said, "stated in the strongest possible terms that no one needs to urge us on this as His Holiness and the Tibetan struggle are universally acknowledged and appreciated for consistently rejecting and opposing such acts," the statement said, and categorically rejected the Chinese attempt to label [the TYC] a violent and terrorist organization."
Together, the "four no supports" and the "three stops" intensify the Chinese government and Party campaign to hold the Dalai Lama personally accountable for Tibetan views and activities that he does not support and that contradict his policies and guidance. In addition, UFWD Head Du Qinglin's demand stated in a July 3 Xinhua report (reprinted in China Daily, 3 July 08) that the Dalai Lama "should openly and explicitly promise" to fulfill the requirements of the "four no supports" and "prove it in his actions" creates pressure on the Dalai Lama to take on the role of a proponent of Chinese government political objectives as a precondition to continuing a dialogue that seeks to address political issues.
Chinese government pressure on the Dalai Lama to take action against "propositions or activities" in support of Tibetan independence is important because Chinese government targets are not limited to plans or activities that include violence!Chinese targets include a point of view and the peaceful expression of it. Many of the countries where Tibetans live, including India, have constitutions that protect the freedom of speech and governments that strive to respect that freedom. China, a notable exception, has a constitution that provides the freedom of speech but a government that does not protect citizens' exercise of the right. (See, e.g., Constitution of India, Art. 19 (available on the Government of India Ministry of Law and Justice Web site; PRC Constitution, Art. 35; and U.S. Constitution, Amendment 1, (available on the U.S. House of Representatives Web site).) In China, authorities can imprison Chinese citizens who peacefully question or object to state policies by convicting them of crimes such as "splittism" or "inciting splittism" (Criminal Law, Article 103, "the scheme of splitting the State or undermining unity of the country"), and "subversion" or "inciting subversion" (Article 105, "the scheme of subverting the State power or overthrowing the socialist system").
If the Dalai Lama were to attempt to take action to stop Tibetans from peacefully expressing support for the proposition of Tibetan independence in countries such as India and the United States, he could find himself accused of interfering with constitutionally protected rights in those countries, especially the freedom of speech. The Dalai Lama's Middle Way Approach (available on the Office of His Holiness the Dalai Lama Web site) outlines his longstanding effort to provide an alternative to Tibetan independence. (See the CECC 2007 Annual Report for information on the Middle Way Approach.)
A "No" and a "Must:" A Potential Wedge Between the Dalai Lama and India
The UFWD official also reiterated in the July 6 Xinhua report the Chinese government's five policy-related demands of the Dalai Lama. All of the demands focus on issues of territory and sovereignty. The spokesman asserted that the central government has "all along" emphasized that the Dalai Lama must (ordered as in Xinhua):- "truly give up his stance of 'Tibet independence';"
- "stop all activities that aim to split the motherland;"
- "recognize that Tibet is an inseparable part of the Chinese territory;"
- "[recognize] that Taiwan is an inseparable part of the Chinese territory;" and
- "[recognize] that the Government of the People's Republic of China is the only legitimate government that represents entire China."
The fifth demand, to uphold Chinese government positions on territory and sovereignty, could heighten the obstacles facing the dialogue, especially in cases where the government accuses the Dalai Lama of having a "splittist" role in the matter. By invoking the preconditions, China may seek to maneuver the Dalai Lama into an awkward (if not untenable) position with respect to the government of India!the country that has provided refuge to the Dalai Lama and tens of thousands of other Tibetans since 1959, and continues to do so.
For example, the Chinese government claims as part of China a substantial part of the Indian state of Arunachal Pradesh, which borders the southeastern TAR. China and India engaged in armed conflict in 1962 over disputed territory along their border, including territory within Arunachal Pradesh. (See, American University, Inventory of Conflict and Environment, Case Study 161; and International Boundary Consultants, International Boundary Monitor, 15 May 98). The dispute remains unresolved!maps published by China show the disputed area of Arunachal Pradesh as part of China. (Compare the location of the China-India border relative to the location of the Brahmaputra River on an Indian map available on Maps of India, with the locations shown on a Chinese map available on Maps-of-China.net.) Military tension along the China-India border has increased since June 2008, according to a June 13 India Today commentary (reprinted in OSC, 18 June 08), a June 21 Straits Times report, and a June 27 Asia Times report.
A July 8, 2008, China Daily article linked the requirement that the Dalai Lama must provide "no support" for "splitting" China directly to the Arunachal Pradesh border dispute. According to China Daily, in a June 4, 2008, interview with an Indian media organization the Dalai Lama said that a 1914 agreement (the Simla Convention, reprinted on the Tibet Justice Center Web site) is legal. The agreement established "the McMahon Line" as the boundary between Tibetan and Indian territory. A June 4 Times of India report paraphrased the Dalai Lama as acknowledging that Arunachal Pradesh became part of India under the agreement, which British and Tibetan representatives signed. The Dalai Lama and Samdhong Rinpoche, the elected head of the Tibetan government-in-exile, have made other statements in support of the validity of the McMahon Line, according to media reports (see, e.g., Samdhong Rinpoche in Rediff News, 19 March 08; the Dalai Lama in Indo-Asian News Service, reprinted in World Tibet News, 18 January 07; and Samdhong Rinpoche in Times of India, 7 December 06.) A September 1992 Chinese government White Paper (Tibet -- Its Ownership And Human Rights Situation, available on the Ministry of Foreign Affairs Web site) outlined China's objections to the Simla Conference and claimed that the government of the then-Republic of China had refused to sign or recognize the agreement.
The China Daily article, referring to the Dalai Lama's reported June 4 remarks in support of the McMahon Line, said that he "needs to take back his unreasonably wrong and traitorous remarks." Chinese officials who press the Dalai Lama to adopt Chinese government positions on issues of territory and sovereignty may do so knowing that if he conforms to China's stance on the Arunachal Pradesh dispute, he will alienate himself from the Indian government that hosts him, and potentially put at risk India's hospitality toward Tibetan refugees.
China's Offer: Discussions on a Future for the Dalai Lama, but Not for Tibetans
The Chinese government is prepared to have discussions with the Dalai Lama about his "personal future," if the Dalai Lama fulfills the Chinese government's requirements of him, the UFWD official said in the July 6 Xinhua report. Only the Chinese central government and TAR government are "the representatives of the Tibetan people," the official said, underscoring Chinese government refusal to accept the Dalai Lama as such a representative. Dong Yunhu, Director General of the State Council Information Office, said that the Dalai Lama is not "qualified to represent Tibet" and "has lost all right to negotiate on the future of Tibet," according to a July 15 Indo-Asian News Service report (reprinted in Yahoo!). The Chinese government "will never discuss the future of Tibet" with the Dalai Lama, Dong said, but is willing to discuss the Dalai Lama's future and that of "some of his supporters."
The UFWD official denied that the "contacts and discussion" with the Dalai Lama's representatives are "talks between China and Tibet" or "dialogues between the Hans and Tibetans." He emphasized that the Chinese government "will by no means hold any discussion" with the Tibetan government-in-exile, which he described as an "illegal organization." Dong said that the discussions with the Dalai Lama's representatives have made clear that their political positions were "totally contrary" to the Chinese government position.
For more information, see "Status of Discussion Between China and the Dalai Lama" in Section IV, Tibet: Special Focus for 2007, in the CECC 2007 Annual Report, and "Status of Discussion Between China and the Dalai Lama" in Section VIII, Tibet, in the CECC 2006 Annual Report. Special Focus for 2007 is also available as a separate reprint.
| Source: -See Summary (2008-07-31 / English / Free) |
Posted on: 2008-07-30 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=108116 |
Earthquakes Expose China's Urgent Need for NGO Legal Reform
The NGO Sichuan Union Relief Office (Relief Office) announced on May 31 that it would discontinue its earthquake relief work after 17 days of operation because it was unable to register with the government as an NGO, according to a June 2 Radio Free Asia report. The Relief Office was coordinating the work of over 100 NGOs in Southwestern China in the aftermath of the May 12 Sichuan earthquake. (See CECC's other earthquake related analyses: China's Earthquake Coverage More Open But Not Uncensored, and Officials To Watch for "Negative Content" in Supplements About Earthquake.) While the Relief Office said that its decision to close was not the result of government pressure, a volunteer noted that police raided the office after receiving reports that it was "illegally soliciting donations."
This case highlights the challenges that civil society organizations face when trying to address social issues, even in urgent crisis. It also underscores the need for legal reform in the governance of NGOs and charities in China. So far, the 2004 Regulations on the Management of Foundations, the 1998 Regulations on the Registration and Management of Social Organizations, as well as the 1998 Temporary Regulations on the Registration and Management of Non-Governmental and Non-Commercial Enterprises are the latest government regulations managing NGOs and their registration in China. All three regulations require: a sponsor organization, i.e. a government or a Communist Party organization, to support the initial registration; and a government department, i.e., the State Council's Ministry of Civil Affairs (MOCA) or a local civil affairs department, to review and approve the registration.
The restrictive requirements for NGO registration are inconsistent with the right to freedom of association as defined by art. 22 of the International Covenant on Civil and Political Rights (ICCPR), of which China is a signatory. They also lead many organizations to operate without formal legal status, as noted in 2007 CECC's Annual Report, Section III--Civil Society. Many NGOs encounter difficulty in securing a sponsor organization and have to struggle for legitimacy, as detailed in a January 2003 Report by the U.S. Embassy in Beijing entitled Chinese NGOs--Carving a Niche within Constraints.
The Ministry of Civil Affairs is considering legal reforms to regulate the non-profit sector, according to Vice Minister Li Liguo's interview with People's Daily on May 25, 2007. A proposal to reform the dual-management of NGOs was also submitted to the National People's Congress in March 2007, according to China Law Digest. However, an October 2007 analysis by China Development Brief, an independent publication to report on social development and civil society in China, reports that the State Council and the National People's Congress have yet put the proposal on their legislative agenda.
For more information about China's civil society and NGO development, please see 2007 CECC's Annual Report, Section III--Civil Society, and 2006 CECC Annual Report, Section VII(a) Development of Civil Society.
| Source: -See Summary (2008-07-21 / English) |
Posted on: 2008-07-21 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=106931 |
Harassment of Beijing-based Activists During the U.S.-China Human Rights Dialogue
According to a May 26 Chinese Human Rights Defenders (CHRD) article and a May 28 Associated Press (AP) article, Beijing activists reported they were harassed, subjected to surveillance, and warned not to meet with the U.S. officials present in Beijing for the U.S.-China bilateral human rights dialogue. - On May 24, AIDS activist Wan Yanhai was contacted by the Beijing Public Security Bureau's National Security Unit and was told that he would be subjected to heightened surveillance over the next several days, according to the CHRD article. On May 25, Wan reported, in an essay circulated online (a Chinese version has been reprinted on the U.S.-based Secret China Web site; a blogger in Canada also posted an English version), that a police car was parked in front of his door and followed him wherever he went. Wan wrote: "If it were not for the police visit, I would not have known there was going to be a Sino-U.S. human rights dialogue. My neighbors heard from police that some international VIPs are coming."
- On May 23 and 24, Zeng Jinyan, human rights activist and wife of Hu Jia, was reportedly told by the National Security police that they were watching her more closely and would prevent her from leaving her home because "a U.S. delegation wants to meet you," according to the CHRD article.
- Human rights lawyer Zhang Xingshui declined an invitation to a May 27 working lunch with Assistant Secretary of State David Kramer after police visited his home on May 25 as reported in a May 27 USA Today article. According to the article, Zhang said: "They persuaded me not to meet the U.S. visitors. They did not say what would happen, but maybe they will give pressure to my work. . . . I am afraid, so I have to give up this opportunity."
- Well-known rights defense lawyer Mo Shaoping was also warned not to accept an invitation to the May 27 lunch. According to the AP report, Mo said he went anyway.
- Many other Beijing activists were also placed under surveillance in connection with the U.S.-China human rights dialogue, including a member of the China Democracy Party, religious rights activists, and veterans of the 1989 Tiananmen protests, as reported by the CHRD article.
| Source: -See Summary (2008-06-25 / English / Free) |
Posted on: 2008-07-08 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=107159 |
Mongolian Rights Advocate Released From Detention, Placed Under House Arrest
Authorities in the Inner Mongolia Autonomous Region (IMAR) have placed Mongolian rights activist and journalist Naranbilig under house arrest after detaining him for 20 days in March and April, according to reports from the U.S.-based Southern Mongolian Human Rights Information Center (SMHRIC). Naranbilig had planned to attend the United Nations (UN) Permanent Forum on Indigenous Issues in New York when authorities intercepted his invitation letter and detained him on March 23, according to an April 28 report from SMHRIC. Authorities prevented Naranbilig from consulting with a lawyer while he was detained, and his family members were not informed of the grounds for his detention or of his whereabouts. Authorities released Naranbilig on bail on April 23 and placed him under house arrest for one year, according to the report. They also confiscated his passport.
The SMHRIC connected Naranbilig's detention not only to his plan to attend the Permanent Forum but also to his attendance in 2007 at other international forums promoting the rights of pastoralists and mobile indigenous people, according to a statement delivered by the SMHRIC at the Permanent Forum. The Chinese government does not recognize any populations within its borders as "indigenous peoples" as defined under international law. (For an example of Chinese policy on this matter, see. e.g., a 1997 statement by the Chinese delegation to the 53rd session of the UN Commission on Human Rights, via the Web site of the Embassy of the People's Republic of China in Switzerland.) Naranbilig's detention also stemmed from his broader activities writing articles advocating ethnic minority rights and criticizing Chinese policies toward ethnic Mongols, according to the SMHRIC statement. (For more information on government policy toward Mongols, see Christopher P. Atwood's statement at the 2005 CECC roundtable on China's Ethnic Regional Autonomy Law: Does it Protect Minority Rights?, as well as the Special Focus section on ethnic minorities in the Congressional-Executive Commission on China 2005 Annual Report.) Authorities also have detained and imprisoned other ethnic Mongols who have promoted ethnic minority rights. In March, authorities detained, and later placed under house arrest, activist Tsebegjab for his interaction with overseas Mongolian activists, according to the April 28 report. Bookstore owner Hada continues to serve a 15-year sentence for "splittism" and "espionage" after he organized peaceful protests for ethnic rights in the IMAR capital of Hohhot.
Naranbilig's detention came at a period of increased government repression of citizen activism, especially by ethnic minorities, in the run-up to the Olympic Games and amid protests in Tibetan and Uighur areas of China. His detention also came amid the recent detention and imprisonment of several other fellow writers. (See, for example, CECC analyses on Lu Gengsong and Wang Dejia (1,2).) For more information on conditions in the IMAR, see Section II--Ethnic Minority Rights, in the CECC 2007 Annual Report (via the Government Printing Office Web site). For more information on restrictions against writers, see Section II--Freedom of Expression in the 2007 Annual Report.
| Source: -See Summary (2008-06-03 / English) |
Posted on: 2008-06-28 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=106800 |
Family Questions Hu Jia's Medical Treatment; CECC Translation of Criminal Judgment
According to a June 13 Chinese Human Rights Defenders (CHRD) article, authorities are reportedly denying imprisoned rights activist Hu Jia access to adequate medical care. Hu suffers from cirrhosis of the liver and his family has expressed concern over his poor health. Authorities allegedly told Hu's family that his health has improved and he is not eligible for medical parole, according to the CHRD article. Under the Measures on Implementing Medical Parole for Prisoners, issued in 1990 by the Ministry of Justice, the Supreme People's Procuratorate, and the Public Security Bureau, a prisoner is not eligible for medical parole unless "there is risk of death in the short term" or until he has served one-third of a fixed-term sentence (the full Chinese text is posted on the Ministry of Justice Web site, relevant English excerpts are available on the Duihua Foundation Web site). The CHRD article states that without access to Hu's medical records, Hu's family has no way to ascertain if his current condition is life-threatening or if he has regular access to a liver specialist.
On April 3, 2008, the Beijing Municipal First Intermediate People's Court sentenced Hu Jia to three-and-one-half years's imprisonment and one year deprivation of political rights for inciting subversion of state power, a crime under Article 105 of China's Criminal Law. CHRD posted a copy of the court's decision, and the Congressional-Executive Commission on China (CECC) has translated the decision into English. Upon leaving the courtroom on April 3, defense lawyer Li Fangping indicated that Hu had 10 days to appeal the decision, but did not plan to do so, according to an April 3 Boxun.com article (in Chinese). As reported on April 22 by Agence France-Presse (AFP), Hu Jia told his other lawyer, Li Jinsong, on April 4 that it would be futile to appeal. However, the AFP article also reported that Hu's lawyers were denied access to Hu on April 13, the last day to file an appeal. According to an April 23 CHRD article (in Chinese via CHRD), Li Fangping contacted the court, which notified him that it had not received a petition for appeal from Hu Jia during the 10-day appeal period.
| Source: -See Summary (2008-06-19 / English / Free) |
Posted on: 2008-06-25 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=107330 |
China Continues to Crack Down on HIV/AIDS Web Sites and Activists
Chinese authorities have made significant progress in their efforts to combat the spread of HIV/AIDS since 2003, but at the same time continue to harass HIV/AIDS advocates. Authorities reportedly ordered the closure of the "AIDS Museum" Web site, www.aidsmuseum.cn, according its founder, Chang Kun, in a May 7 Radio Free Asia interview. Chang, an HIV/AIDS activist, said he received a phone call on May 6 from the site's Internet Service Provider (ISP) saying that the local public security bureau's Internet surveillance division reportedly ordered the site closed because it contained information about "firearms and ammunition."
Shaanxi province officials reportedly shut down another Web site, AIDS Wikipedia, also founded by Chang from February 20 to March 12, according to a Radio Free Asia interview on February 22 reported in The Epoch Times and Chang's personal Web page. In the interview, Chang said the closure by the local public security bureau's Internet surveillance division was due to his article about farmland confiscation in Anhui province.
The closure of Chang's Web sites follows other instances over the past year where officials harassed HIV/AIDS activists and curbed their online activities. These include:
Police reportedly harassed HIV/AIDS activist Wan Yanhai according to a May 27 USA Today report. Wan said he was put under 24-hour police surveillance for four days and the police followed his every move. Several other human rights activists reportedly had similar experience during the same time according to an Associated Press (AP) report (via International Herald Tribune). The crackdown |