China Human Rights and Rule of Law Update - No. 4 - July 30, 2009

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.

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.

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.

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).

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.

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.

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.