Access to Justice
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.
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.
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.
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.
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.
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.
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).
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.
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.