China Human Rights and Rule of Law Update - May 2006

 
 
 

Message from the Chairman

World Press Freedom Day

May 3rd marks World Press Freedom Day. In the United States, the Constitution's First Amendment and two centuries of democratic governance have enshrined freedom of the press as a fundamental right enjoyed by all Americans. Throughout the world, democratically elected governments recognize that freedom of the press is a fundamental human right and a powerful antidote to government abuse of power.

In China, however, government censorship denies Chinese citizens the freedom of press guaranteed them in their Constitution. Chinese journalists who provide news to foreigners, such as Zhao Yan and Shi Tao, are imprisoned. Editors of publications that criticize government policies, such as Yang Bin of the Beijing News and Li Datong of the China Youth Daily, are fired. The broadcasts and websites of foreign news organizations, such as those of Radio Free Asia, the Voice of America, and the BBC, are blocked. In 2005, China's government banned 79 newspapers and confiscated almost one million "illegal" political publications. Today is the one year anniversary of this Commission's website being blocked in China.

China's leaders must recognize that inflexibility, secretiveness, and a lack of democratic oversight now pose the greatest challenges to continued development. Popular frustration, especially with official corruption, seems to be growing. Without effective channels to voice their grievances and protect their economic and civil rights, Chinese citizens often have little choice but to take to the streets. Such a result can only undermine China's progress. Freedom of the press is a primary means for keeping officials accountable to the citizens they serve. It is an essential building block for any long-term and successful system of government.

 
 
 

Announcements

Roundtable: The Lot of Chinese Workers: Do China's Labor Laws Work?

The Congressional-Executive Commission on China held another in its series of staff-led Issues Roundtables on April 11 entitled The Lot of Chinese Workers: Do China's Labor Laws Work? The panelists were Han Dongfang, Director, China Labour Bulletin, and Robin Munro, Director of Research, China Labour Bulletin.

 
 
 

Translation: Measures on the Registration of Venues for Religious Activity

Under Chinese law, no one may establish a place of worship without government approval. The Congressional-Executive Commission on China has prepared an English translation of the Measures on the Examination, Approval, and Registration of Venues for Religious Activity, issued by the State Administration for Religious Affairs on April 21, 2005.

 

Translations: Party and Government Regulation of Civil Society

Although Chinese government control over the economic and social life of its citizens has receded since the late 1970s, Chinese authorities continue to restrict the development of an independent civil society in China. The Congressional-Executive Commission on China has prepared English translations of two Party circulars and two regulations establishing these controls.

 
 
 

Chinese Government Selects Catholic Bishops Over Holy See Objections

The Catholic Patriotic Association (CPA), which controls China’s registered Catholic community, consecrated two bishops without obtaining the Holy See's approval of the candidates, according to Chinese and foreign press accounts.

High Commissioner for Refugees Visits China, Objects to North Korean Repatriation

On March 23, Antonio Guterres, the UN High Commissioner for Refugees (UNHCR), concluded a three-day visit to China, during which he expressed his "clear objections" to news that the Chinese government had repatriated a North Korean refugee in breach of its obligations under the 1951 Convention and 1967 Protocol Relating to the Status of Refugees (1951 Convention), according to a March 23 press release available through the Web site of the UNHCR. Guterres, the first UNHCR to visit China in nine years, met with Chinese officials to discuss the government's responses to population displacement across international borders and its efforts to establish a system of political asylum.

Imprisoned Labor Leader Li Wangyang Eligible for Parole on May 6, 2006

Imprisoned labor leader Li Wangyang becomes eligible for parole on May 6, after having served half of a 10-year sentence for "incitement to subvert state power," a crime under Article 105 of the Criminal Law. Li was tried on May 6, 2001 and sentenced on September 20, 2001, according to the China Labour Bulletin.

NPC, CPPCC Delegates Call For Labor Law Changes to Address Migrant Worker Issues

Delegates to the National People's Congress (NPC) and Chinese People's Political Consultative Conference (CPPCC) called for changes to China's Labor Law to protect the rights of migrant workers, according to March 9 People's Daily and March 13 Xinhua articles.

Imprisoned U.S. Businessman Jude Shao Eligible for Parole on May 8, 2006

Jude Shao, a California businessman and naturalized U.S. citizen, will become eligible for parole on May 8, 2006, after having served half of a 16-year prison sentence.

People's Daily Publishes 2005 Censorship Numbers

The People's Daily published an article on March 25 that called for deepening the government’s Sweep Away Pornography and Strike Down Illegal Publications campaign and to "further regulate the publication market environment." The article also reported that the government confiscated 169 million illegal publications in 2005.

Unregistered Catholic Bishop Jia Zhiguo Released Into Residential Surveillance

Officials in Hebei province released unregistered Catholic Bishop Jia Zhiguo on April 19, according to April 25 reports by AsiaNews and the Union of Catholic Asian News (UCAN). Jia, the unregistered Bishop of Zhengding diocese in Hebei, was moved from detention into 24-hour residential surveillance at his home in Wuqiu village in Hebei, according to the reports. Bishop Jia’s release came one day before President Hu Jintao met with President George W. Bush in Washington, D.C. during an official visit. Jia had been detained since November 8, 2005, and reportedly was interrogated and pressed to join the government-controlled Catholic Patriotic Association (CPA). According to a UCAN source, Bishop Jia appeared to have lost weight during the five-month detention.

Yunnan Provincial Security Officials Detain House Church Leaders

Public security officials in Kunming city, Yunnan province, raided a meeting of Protestant house church leaders and briefly detained about 80 Chinese participants on March 23, according to an April 19 report by the China Aid Association (CAA), a U.S. NGO that monitors religious freedom in China. Five American participants, and two from Taiwan, were also detained in the same raid. Local officials interrogated the participants for approximately five hours before releasing them. The interrogators accused the American and Taiwan participants of being "foreign religious infiltrators." As of April 19, some of the Americans had returned to the United States, while others remained in China.

Government-Named Panchen Lama Speaks to Buddhist Forum; Dalai Lama Not Invited

The Chinese government convened the First World Buddhist Forum in Hangzhou, Zhejiang province, in mid-April, but chose not to invite the Dalai Lama, according to a senior official quoted in an April 13 Xinhua report. Qi Xiaofei, Vice President of the China Religious Culture Communication Association, explained at an April 12 press conference that the Dalai Lama was not invited to the Forum because he would "surely pose a really disharmonious note to the general harmonious tone of the Forum." Most Tibetans regard the Dalai Lama as the spiritual leader of Tibetan Buddhism.

Xinjiang Authorities Question Rebiya Kadeer's Son, Name Him a Criminal Suspect

Authorities in Urumqi, the capital of the Xinjiang Uighur Autonomous Region (XUAR), held in custody Alim Abdurehim, son of Uighur activist Rebiya Kadeer, for one hour during early April, informing Abdurehim that he was under suspicion for evading taxes, according to an April 10 article from Radio Free Asia (RFA). Abdurehim told RFA that the XUAR Public Security Department Political Affairs Office, Investigations Office, and Urumqi Public Security Bureau summoned him to the Nanguan police station, where they informed him that he was a criminal suspect. Abdurehim reported that officials also questioned him on his social connections and asked him if he wanted to hire a lawyer. A reporter contacted the Investigations Office of the XUAR Public Security Department, which declined to comment on the case.

Falun Gong Practitioners to be Punished Under New Administration Punishment Law

A Ministry of Public Security (MPS) official asserted at a February 28 MPS press conference that Falun Gong practitioners are subject to punishment under the recently enacted Public Security Administration Punishment Law (PSAPL). Ke Liangdong, Director of the Department of Legal Affairs of the Ministry of Public Security, said, "...Whoever violates the PSAPL by misusing the name of religion to harm the health of others or disturb social order will be punished according to the provisions of the PSAPL. Of course, Falun Gong is not an exception." The new law codifies administrative punishment of Falun Gong practitioners that has persisted since the 1999 crackdown.

Civil Affairs Official: Authorities To Adopt New Form of Civil Society Supervision

Ministry of Civil Affairs (MOCA) officials are developing a new "evaluation system for civil society organizations," according to a March 28 speech by Liao Hong, a MOCA official who manages the day-to-day operations of the ministry’s leading group that is developing the system. The MOCA efforts coincide with heightened central government concern about the activities of these organizations. The system is in a preliminary stage of development.

GAPP Shuts Down More Newspapers

The General Administration of Press and Publication has shut down at least three newspapers so far this year, according to an April 13 Xinhua report (English/Chinese):

Beijing Officials Report Increase in Fines and Detentions Under New Public Security Law

Beijing public security officials convened an April 12 meeting to provide information and statistics about the municipality's implementation of the new Public Security Administration Punishment Law, according to an April 13 Legal Evening News report (in Chinese, via the People's Procuratorate Daily). During the month after the law went into effect on March 1, Beijing police filed over 35,000 cases, leading to investigations of over 40,000 individuals, warnings or fines for more than 16,000, and administrative detention for more than 7,000. Although there was an increase of just 1,000 cases over the number filed in February, the month preceding implementation of the law, an April 13 Beijing News report (in Chinese) noted that the law now provides a new basis for punishing actions not previously punishable under other laws or regulations. In addition to identifying new categories of behavior subject to administrative punishments, the law also sets forth harsher penalties than its predecessor Regulations on Public Security Administration Punishment.

Party Calls for Stronger National Consultative Body To Enhance Party Governance

Communist Party authorities issued the Central Party Opinion on Strengthening the Work of the Chinese People's Political Consultative Conference (CPPCC) [Abstracted] (Opinion) on February 8. The Opinion reiterates the need for continued Party control of the CPPCC, while expanding the consultative role of the CPPCC to enhance the Party's own ability to govern. The CPPCC is a Party-led “united front” organization that includes Party members, Party mass organizations, and non-Party members closely allied with Party goals, including members from China's eight minor "democratic" parties.

SARFT Relaxes Censorship of Fiction, Retains it for History, Politics, and News

The State Administration of Radio, Film, and Television (SARFT) issued Interim Measures on the Administration of the Recording and Notification of Television Program Film Production on April 6. According to the circular under which the Interim Measures were issued, the Interim Measures abolish the requirement that television program producers obtain government approval for planned television dramas, and allow them instead to register the production with the government either before or after production is completed.

GAPP Head: News and Publishing Must Be Marxist, Led by the Communist Party

The Communist Party must remain in charge of China's news media and book publishing industries, according to an article by Long Xinmin, head the General Administration of Press and Publication, published in the April 6 edition of the People's Daily.

Internet Operators in China Agree to Support Hu Jintao, Marxism, and the Party

Fourteen major Internet portals, including Sina.com, Sohu.com, Baidu.com, and Yahoo's Chinese Web site, issued a joint proposal on April 9 calling for China's Internet industry to censor indecent and harmful information, spread the ideas of President Hu Jintao, encourage "passionate love of the motherland," and voluntarily accept supervision, according to a Xinhua article (in Chinese) published on the front page of the April 10 edition of the People's Daily. A front page editorial (in Chinese) in the same People's Daily edition said that the proposal called for "taking the glorious responsibility for teaching the view of the socialist's glories and shames," and "singing the main theme." The former phrase refers to President Hu Jintao's "Eight Glories and Eight Shames" propaganda slogan, and the latter phrase means, according to Liu Yunshan, head of the Central Propaganda Department, to:

Provisions Issued on Organ Transplants, Fail to Address Executed Prisoners

The Ministry of Health released Interim Provisions on Clinical Application and Management of Human Organ Transplantation (in Chinese) on March 27, 2006. The provisions become effective on July 1, 2006, and will introduce a set of medical standards for organ transplants in China.

Lack of Legal Status Limits Rural Cooperative Organizations

Farmers cooperatives' lack of legal status limits Chinese farmers' ability to use them to protect their rights and advance their economic interests, according to a March 8 Beijing News article. National authorities currently are considering legislative proposals that would grant legal status to such cooperatives. Official restrictions on the establishment of citizen organizations limit the development of an independent Chinese civil society. For more information, see section V(a) of the Commission's 2005 Annual Report, on The Development of Civil Society.

Uighurs Face Extreme Security Measures; Official Statements on Terrorism Conflict

Officials in the Xinjiang Uighur Autonomous Region (XUAR) "continued to use the threat of violence as justification for extreme security measures directed at the local population and visiting foreigners," the U.S. Department of State reported in its 2005 Country Report on Human Rights Practices for China issued on March 8. The government has targeted the XUAR's Uighur population in particular for these measures. As Human Rights Watch and Human Rights in China note in their 2005 report Devastating Blows: Religious Repression of Uighurs in Xinjiang, "Official sources show that among Uighur prisoners in Xinjiang there is an unusually high proportion of criminals sentenced for state security offenses." The report notes that Uighurs sentenced for such crimes include those engaged in peaceful activities, though the "sweeping scope of the law makes it difficult to discern which cases involved genuine criminal activity...and which were punishment for peaceful exercise of rights such as dissent or religious practice." Uighurs imprisoned in recent years for such peaceful activity include:

Chinese Authorities Release AIDS Activist Hu Jia After 41 Days in Detention

Chinese authorities released AIDS activist Hu Jia on March 28 after 41 days in detention, according to a March 29 Reuters article. Hu said the questioning he received while in detention made it clear that authorities detained him for helping organize a nationwide hunger strike by human rights defenders against government repression. Hu had been missing since February 16 and was under residential surveillance at the time he disappeared, according to a March 22 Toronto Globe and Mail article.

GAPP Tightens Restrictions on Foreign Publications

The General Administration of Press and Publication introduced new restrictions on foreign magazines seeking to publish Chinese language editions, according to an April 7 Reuters report. The report cited an unnamed GAPP official saying that an internal rule introduced in 2005 limits approvals to science and technology publications. Sports, entertainment, and fashion magazines cannot expect approval to enter China's media market.

State Run Media: Protectionism Limits Domestic Competition in Satellite TV Markets

Local protectionism is the most influential non-economic and non-market factor preventing domestic satellite television broadcasters in China from expanding the regions in which they broadcast, according to a report in a late March edition of China Radio, Film & TV (in Chinese, via Xinhua). According to the magazine, which is sponsored by the State Administration of Radio, Film, and Television, local broadcast administration agencies use excuses such as inadequate frequency resources or high access fees to prevent television channels from other administrative regions from competing for viewers and causing "conflicts" in the local advertising market. The report quoted an unnamed industry insider as saying that the development of local television media lags behind that of the major national networks. As a result, the source said, the local channels fear that outside competition will result in their losing control of revenues from the local advertising market.

Vice Premier, Senior Official Say China Moving to Join WIPO Internet Treaties

Liu Binjie, a deputy director of the General Administration of Press and Publication, said that China plans to ratify World Intellectual Property Organization (WIPO) Internet treaties in the second half of 2006, according to an April 11 report from the China News Agency (in Chinese, via Xinhua). Liu said that the National Copyright Administration planned to submit a draft report on the legal feasibility of China's accession to international treaties to the State Council for approval in April. If the plan is approved, the State Council would submit a WIPO Internet treaty accession proposal to the National People's Congress. Liu also said the State Council currently is considering a draft Regulation on the Protection of the Right of Communication Through Information Networks, which Xinhua's English language service characterized the same day as a "prerequisite for accession to WIPO treaties." Both Xinhua reports cited Liu as saying that the State Council is expected to promulgate that regulation before the end of June 2006.

United States and China Conclude Annual Bilateral Trade Meeting

The Chinese government agreed to address a number of U.S. trade concerns at the plenary session of the 17th U.S.-China Joint Commission on Commerce and Trade (JCCT) held in Washington, D.C. on April 11, 2006, according to a U.S. Department of Commerce press release dated the same day. U.S. Commerce Secretary Carlos Gutierrez said the United States and China still have work to do, but that the meeting was a positive step. The Department of Commerce reported that the Chinese government's commitments included: