China Human Rights and Rule of Law Update - No. 5 - November 12, 2009

 
 
 

Announcement

The Congressional-Executive Commission on China issued a special report titled Special Topic Paper: Tibet 2008-2009 on October 22, 2009. The report provides expanded coverage and in-depth analysis of key recent developments and trends in Tibet and builds on the Commission's 2009 Annual Report.

 
 
 

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.

Sichuan-Tibet Railway Work To Start, Impact May Far Surpass Qinghai-Tibet Railway

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.

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.

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.

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.

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.

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.