China Human Rights and Rule of Law Update - August 2005

 
 
 

Events

HEARING: Law in Political Transitions: Lessons from East Asia and the Road Ahead for China

The Commission held a hearing entitled "Law in Political Transitions: Lessons from East Asia and the Road Ahead for China," on July 26 in the Senate Dirksen Office Building. The hearing assessed the state of China's rule of law development and the role of legal institutions in political transitions in Taiwan and South Korea to see whether these experiences suggest a path ahead for China. The panelists were: Gretchen Birkle, Principal Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor, Department of State; Jerome A. Cohen, Professor of Law, New York University School of Law, Adjunct Senior Fellow on Asia, Council on Foreign Relations, and Of Counsel, Paul, Weiss, Rifkind, Wharton & Garrison; John Fuh-sheng Hsieh, Professor, Department of Government and International Studies, University of South Carolina; and John K. Ohnesorge, Professor of Law and Professor and Assistant Director of East Asian Legal Studies, University of Wisconsin Law School.
The statements of Senator Chuck Hagel (R-Nebraska), Chairman of the Commission, and Congressman Jim Leach (R-Iowa), Co-Chairman of the Commission, are also available on the Commission's Web site.

 
 
 

Appeals Court Upholds 10-Year Sentence for Journalist Shi Tao

The High People's Court in Hunan province upheld on June 2 a lower court's conviction of journalist Shi Tao for disclosing state secrets, according to Reporters Without Borders and the Committee to Protect Journalists. On April 27, the Changsha Intermediate People's Court found Shi guilty and sentenced him to 10 years imprisonment.

International Committee of the Red Cross to Open Beijing Office

The International Committee of the Red Cross (ICRC) and the Chinese government signed an agreement on July 20 that will permit an ICRC regional delegation office to open in Beijing, according to the ICRC Web site and a Xinhua report.

Authorities Begin to Sanction, Permanently Shut Down Web Sites That Failed to Register With the Government

On July 2, Xinhua reported that Chinese agencies in charge of controlling the Internet had temporarily shut down over 100,000 Web sites because their operators failed to register with the Ministry of Information Industry (MII). Xinhua stated that these Web sites would have until July 10 to register. Since the July 10 deadline passed, China's state run media has begun reporting that provincial authorities are sanctioning and permanently shutting down thousands of Web sites that have still failed to register.

Security Agents Detain U.S. Human Rights NGO Executive Director After Beijing Human Rights Seminar

Chinese security personnel in Beijing detained the executive director of a respected U.S. human rights NGO after she attended a seminar associated with the EU-China bilateral human rights dialogue, according to a number of press accounts on July 1 and 2. Sharon Hom, executive director of Human Rights in China (HRIC), said that security agents detained her for five hours in her Beijing hotel on June 21 following the conclusion of the human rights seminar.

Talks with Chinese Officials in Switzerland Were Concrete and Substantive, Says Tibetan Special Envoy

Special Envoy Lodi Gyari described as "concrete and substantive" the fourth round of meetings between the Dalai Lama's envoys and Chinese officials in Bern, Switzerland, on June 30 and July 1, according to a statement by Gyari released by the Tibetan government-in-exile on July 7.

Security Officers Detain and Release House Church Protestants

Chinese public security officials have detained numerous "house church" Protestants in a number of incidents over the past several weeks, according to the China Aid Association (CAA), a U.S.-based NGO that monitors the religious freedom of Chinese Protestants.

Chinese News Media Highlights Government Efforts to Combat Torture

The Chinese news media have stepped up a publicity campaign that highlights government efforts to reduce the prevalence of torture and coerced confessions. In late July, the Supreme People's Procuratorate announced that it had filed criminal cases against 1,751 officials for human rights violations since July 2004, an increase of 7.7 percent over the year before.

Guangdong Province Institutes Electoral Observer System for Village Elections

Guangdong officials have instituted a system of electoral observers for village elections to be held in 2005, according to a Xinhua report. Although limited in scope, the introduction of the system is an effort to ensure greater electoral fairness in local village elections.

New SARFT Rules Further Restrict Cooperation and Interaction Between Domestic Radio and Television Stations and Foreign Counterparts

The State Administration of Radio, Film, and Television (SARFT) has "tightened its control over the cooperation between Chinese media and foreign companies" by issuing a regulation banning cooperation between local television and radio stations and foreign companies, according to state-run news media.

State Ethnic Affairs Commission Stresses Need to Increase Transparency in Work

In response to a March 2005 call by the General Offices of the Party Central Committee and State Council to increase government transparency, the State Ethnic Affairs Commission (SEAC) recently met to discuss its own Plan for Implementing Greater Transparency in Ethnic Affairs Work.

State Administration of Work Safety Director Calls for Coal Mine Safety Measures

Li Yizhong, minister in charge of the State Administration of Work Safety (SAWS), spoke about China's rising number of coal mine accidents at an industrial safety conference held in Beijing on July 15, according to an article in the People's Daily.

Jiangsu Official Provides Details on Government Campaign Against Unauthorized Publications

In early 2005, the General Administration of Press and Publication (GAPP) launched a campaign against newspapers and periodicals published without government authorization. The campaign concluded with authorities banning 60 newspapers and magazines.

Police Detain Peaceful Demonstrators, Petitioners in Shanghai and Beijing

In late June and July, public security officials in Shanghai have beaten and detained several Chinese citizens who signed petitions and attempted to participate in peaceful assemblies, according to a July 19 report from Human Rights in China (HRIC). Citing unnamed sources, HRIC said that on June 24, dozens of public security officials attacked more than 30 petitioners as they prepared to depart from Shanghai for Beijing to protest the government's revised regulations on petitioning.

Government Agencies Launch Campaign to Ban Unauthorized Foreign Language Periodicals

Several Chinese government agencies, including the General Administration of Press and Publication (GAPP), the State Council Information Office, and the National "Sweep Away Pornography and Strike Down Illegal Publications" (SAPSDIP) Task Force, issued a joint notice on July 19 announcing the commencement of a campaign to "investigate, prosecute, and ban" unauthorized foreign language publications, according to the People's Daily.

Henan Government Offices and Women's Federation Jointly Fight Human Trafficking

Provincial police, courts, and the women's federation in Henan province began a coordinated attack on domestic violence and human trafficking, according to a July 27 Jinbao Net report. The Chinese government has adopted anti-trafficking laws and regulations since 1986, but the problem continues to grow.

State Council Orders Issuance of Government Information Disclosure Regulation

The State Council announced July 26 that it had referred a draft government information disclosure regulation to the relevant agency for issuance. Neither the State Council nor any other Chinese government agency has released a draft of the measure, although China's WTO transparency commitments in effect require public release of draft regulations before final promulgation.

Public Security Officials Detain, Search BBC TV Crew Attempting to Report on Village Protests

The Foreign Correspondents Club of China (FCC) issued a circular on July 18 on behalf of the BBC describing the official obstruction and abuse of two BBC journalists and their driver by public security officers reports United Press International (UPI). The incident occurred while the BBC team was attempting to report on village protests in Hebei province.

NDRC Issues Steel Industry Development Policy

The National Development and Reform Commission (NDRC) released the text of the Steel Industry Development Policy on July 20. The State Council approved the policy in April 2005, but had not previously released the text. Once called the "State Planning Commission," the NDRC has issued previous industry development policies, including the 2004 Auto Industry Development Policy.

GAPP Upholds Decision to Censor Writer Wang Yi

The General Administration of Press and Publication (GAPP) upheld the decision of Sichuan provincial government censors to confiscate hundreds of books privately published by Wang Yi, a well-known Chinese intellectual.

Township Authorities Ban Magazine

Radio Free Asia (RFA) reported on June 22 that officials in a Zhejiang province township had banned the sale of the May edition of Rural Youth magazine because of an article criticizing local officials.

RFA: Tibetan College Graduates Protest in Qinghai, Claim Job Discrimination

About 70 Tibetans, many recent college graduates, protested in mid-July outside government offices in the Qinghai provincial capital of Xining, according to a July 14 report by Radio Free Asia (RFA). The Tibetans, who reside in Xunhua Salar Autonomous County in Haidong prefecture, claimed that local authorities discriminate against Tibetans in hiring to fill government jobs and favor ethnic Han and Salar applicants.

Report Outlines Chongqing's Approach to Crackdown on Private Web Sites

Chongqing officials have finished "cleaning up" and registering Web sites, according to a July 22 report on China Communications Web (CCW). The Chongqing project was part of a nationwide crackdown on private Web sites that the Chinese government launched earlier this year. The campaign has resulted in the closure of thousands of Web sites whose operators failed to register with the Ministry of Information and public security offices. CCW, which is registered to the People's Post and Telecom Press, reported that in Chongqing the three month process involved six steps:

Qingdao Joins Guangzhou, Beijing in Requiring Private Web Sites to Register with Police

Qingdao Web site operators must register with their public security office by the end of September 2005 or have their Internet access service shut down, according to a July 7 report in the Qingdao Morning News.

TAR Governor: It's Not Time for the Dalai Lama to Come Home; Next Dalai Lama To Be Chosen by Lot According to Qing Dynasty Rules

Jampa Phuntsog (Qiangba Puncog), the Governor of the Tibet Autonomous Region (TAR), told reporters in Hong Kong that it is too early to consider the Dalai Lama's return to his homeland, according to a July 19 South China Morning Post (SCMP) report. Accusing the Dalai Lama of continuing to work for Tibetan independence, Phuntsog complained that the Tibetan government-in-exile "has set up a parliament," "expanded its separatist activities," and "made the Tibet problem an international issue."

Senior Chinese Officials Acknowledge Rising Social Unrest, But Rule Out Political Liberalization

Three senior Chinese officials recently acknowledged rising social unrest in China and attributed its causes to economic grievances, failures on the part of local cadres, and rising rights consciousness by Chinese citizens, according to a series of articles (1, 2, 3, subscription required) in the South China Morning Post (SCMP).

Worker and Farmer Riots Demonstrate Absence of Channels for Redress of Grievances

As many as 15,000 villagers besieged a pharmaceutical plant and clashed with police at Xinchang, Zhejiang province, in early July to protest environmental degradation to the local water supply caused by leakages at the plant, according to reports in the New York Times (registration required). The villagers said they took action because their efforts to negotiate with plant managers failed and government officials were unwilling to intervene.

Police Clash With Ethnic Mongol Farmers Over Land Rights

Police clashed with ethnic Mongol villagers in late June and July in the Inner Mongolia Autonomous Region in an unresolved land dispute that left dozens of villagers injured and tensions high. A local government official described the situation as "anarchy," according to a July 27 Reuters report. The Southern Mongolia Human Rights Information Center (SMHRIC) reports that hundreds of police used tear gas, grenades, and other explosives against villagers on July 21 and 23.

Xinjiang's New Vocational Degree Programs To Be Taught Exclusively in Mandarin Chinese

The Xinjiang provincial education department will begin offering two-year degree programs in vocational schools this year, according to the July 27 Urumqi Evening News. The courses will be taught exclusively in Mandarin Chinese, reflecting an ongoing national and provincial campaign to promote Mandarin Chinese and reduce the use of local minority languages in schools (see 1 and 2 for related articles).

Chinese Officials Consider Establishing a National System of Water Rights

Chinese officials have begun to discuss developing a national system of water rights, which will include both defined water property rights and specific allotments and quotas for water resources, according to a July 7 Xinhua report.

Han University Volunteers Who Speak Minority Languages Exempted From Civil Service Exam

Wang Lequan, the Party Secretary of the Xinjiang Autonomous Region, announced July 25 that university students from outside Xinjiang will be exempt from the civil service examination if they master a minority language during their two-year volunteer service and remain in Xinjiang after completing their tour.