The Falun Gong Factor
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Local Church – Reform Through Labour – Police – Black Lists – Medical Bail and Parole 8 January 2010
Country Advice China China – CHN35881 – Fujian – Christians – Local Church – Reform through Labour – Police – Black lists – Medical bail and parole 8 January 2010 Questions 1 Please advise on the current treatment of Local Church members (Shouters) in Fujian province. Contrasting information was found in the sources consulted regarding the treatment of Local Church members in Fujian province. The following reports indicate improvements in the treatment of the Local Church within some parts of Fujian province: In February 2009 an elder of the Local Church in Melbourne advised that while the Local Church is viewed as illegal in Fujian province, the arrest of members has decreased. The Elder provided the following advice on the treatment of the Local Church in Fujian province: As we understand it, the local churches in China are viewed differently in each province. Certain provinces allow the local churches to register with the authorities and once they have done so, they are allowed to worship. However, in other provinces, including Fujian province, the local churches are regarded as illegal gatherings, however as we understand from some members who come from this province, there is not much arrests as before. There is now more dialogue between members of the local church and the authorities.1 A November 2008 report by the Country Research Section of the Department of Immigration and Citizenship (DIAC), China’s Protestants and Catholics, also reports on the increased tolerance of the Local Church by government authorities in some areas of Fujian. The report states that some Local Churches now operate legally in Fuzhou and several rural counties in Fujian. -
R Stern Phd Diss 2009
UC Berkeley UC Berkeley Electronic Theses and Dissertations Title Navigating the Boundaries of Political Tolerance: Environmental Litigation in China Permalink https://escholarship.org/uc/item/3rc0h094 Author Stern, Rachel E. Publication Date 2009 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California Navigating the Boundaries of Political Tolerance: Environmental Litigation in China by Rachel E. Stern A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Political Science in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Kevin J. O’Brien, Chair Professor Robert Kagan Professor Katherine O’Neill Fall 2009 Navigating the Boundaries of Political Tolerance: Environmental Litigation in China © 2009 by Rachel E. Stern Abstract Navigating the Boundaries of Political Tolerance: Environmental Litigation in China by Rachel E. Stern Doctor of Philosophy in Political Science University of California, Berkeley Professor Kevin J. O’Brien, Chair This is a dissertation about lawyers, judges, international NGOs and legal action in an authoritarian state. The state is contemporary China. The type of legal action is civil environmental lawsuits, as when herdsmen from Inner Mongolia sue a local paper factory over poisoned groundwater and dead livestock or a Shandong villager demands compensation from a nearby factory for the noise that allegedly killed 26 foxes on his farm. Empirically, this is a close-to-the-ground account of everyday justice and the factors that shape it. Drawing on fifteen months of field research in China, along with in-depth exploration of four cases, legal documents, government reports, newspaper articles and blog archives, this dissertation unpacks how law as litigation works: how judges make decisions, why lawyers take cases and how international influence matters. -
1 Introduction Chinese Citizens Continue to Face Substantial Obstacles in Seeking Remedies to Government Actions That Violate Th
1 ACCESS TO JUSTICE Introduction Chinese citizens continue to face substantial obstacles in seeking remedies to government actions that violate their legal rights and constitutionally protected freedoms. International human rights standards require effective remedies for official violations of citi- zens’ rights. Article 8 of the Universal Declaration of Human Rights provides that ‘‘Everyone has the right to an effective remedy by the competent national tribunals for acts violating the funda- mental rights granted him by the constitution or by law.’’ 1 Article 2 of the International Covenant on Civil and Political Rights (ICCPR), which China has signed but not yet ratified, requires that all parties to the ICCPR ensure that persons whose rights or free- doms are violated ‘‘have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity.’’ 2 The Third Plenum and Judicial Reform The November 2013 Chinese Communist Party Central Com- mittee Third Plenum Decision on Certain Major Issues Regarding Comprehensively Deepening Reforms (Third Plenum Decision) con- tained several items relating to judicial system reform.3 In June 2014, the office of the Party’s Central Leading Small Group for Comprehensively Deepening Reform announced that six provinces and municipalities—Shanghai, Guangdong, Jilin, Hubei, Hainan, and Qinghai—would serve as pilot sites for certain judicial reforms, including divesting local governments of their control over local court funding and appointments and centralizing -
28. Rights Defense and New Citizen's Movement
JOBNAME: EE10 Biddulph PAGE: 1 SESS: 3 OUTPUT: Fri May 10 14:09:18 2019 28. Rights defense and new citizen’s movement Teng Biao 28.1 THE RISE OF THE RIGHTS DEFENSE MOVEMENT The ‘Rights Defense Movement’ (weiquan yundong) emerged in the early 2000s as a new focus of the Chinese democracy movement, succeeding the Xidan Democracy Wall movement of the late 1970s and the Tiananmen Democracy movement of 1989. It is a social movement ‘involving all social strata throughout the country and covering every aspect of human rights’ (Feng Chongyi 2009, p. 151), one in which Chinese citizens assert their constitutional and legal rights through lawful means and within the legal framework of the country. As Benney (2013, p. 12) notes, the term ‘weiquan’is used by different people to refer to different things in different contexts. Although Chinese rights defense lawyers have played a key role in defining and providing leadership to this emerging weiquan movement (Carnes 2006; Pils 2016), numerous non-lawyer activists and organizations are also involved in it. The discourse and activities of ‘rights defense’ (weiquan) originated in the 1990s, when some citizens began using the law to defend consumer rights. The 1990s also saw the early development of rural anti-tax movements, labor rights campaigns, women’s rights campaigns and an environmental movement. However, in a narrow sense as well as from a historical perspective, the term weiquan movement only refers to the rights campaigns that emerged after the Sun Zhigang incident in 2003 (Zhu Han 2016, pp. 55, 60). The Sun Zhigang incident not only marks the beginning of the rights defense movement; it also can be seen as one of its few successes. -
Hu Jia on Behalf of the Silenced Voices of China and Tibet
Sakharov Prize 2008 Year for China Hu Jia On behalf of the silenced voices of China and Tibet Hu Jia and his wife, Zeng Jinyan, were nominated for last year's Sakharov Prize and were among the final three short-listed candidates. Hu Jia was consequently imprisoned and remains in prison to this day. Hu Jia is a prominent human rights activist who works on various issues including civil rights, environmental protection and AIDS advocacy. He was arrested shortly after his testimony on 26 November 2007 via conference call before the European Parliament's sub-committee on Human Rights. In his statement, he expressed his desire that 2008 be the “year of human rights in China”. He also pointed out that the Chinese national security department was creating a human rights disaster with one million people persecuted for fighting for human rights and many of them detained in prison, in camps or mental hospitals. He also said: "The irony is that one of the people in charge of organising the Olympics is the head of the Public Security Bureau in Beijing who is responsible for so many human rights violations. The promises of China are not being kept before the games." As a direct result of his address to members of the European Parliament, Hu Jia was arrested, charged with "inciting subversion of state power", and sentenced on 3 April 2008 to three-and-a-half years' in jail with one year denial of political rights. He was found guilty of writing articles about the human rights situation in the run-up to the Olympic Games. -
The Broad and Sustained Offensive on Human Rights That Started After President Xi Jinping Took Power Five Years Ago Showed No Sign of Abating in 2017
JANUARY 2018 COUNTRY SUMMARY China The broad and sustained offensive on human rights that started after President Xi Jinping took power five years ago showed no sign of abating in 2017. The death of Nobel Peace Prize laureate Liu Xiaobo in a hospital under heavy guard in July highlighted the Chinese government’s deepening contempt for rights. The near future for human rights appears grim, especially as Xi is expected to remain in power at least until 2022. Foreign governments did little in 2017 to push back against China’s worsening rights record at home and abroad. The Chinese government, which already oversees one of the strictest online censorship regimes in the world, limited the provision of censorship circumvention tools and strengthened ideological control over education and mass media in 2017. Schools and state media incessantly tout the supremacy of the Chinese Communist Party, and, increasingly, of President Xi Jinping as “core” leader. Authorities subjected more human rights defenders—including foreigners—to show trials in 2017, airing excerpted forced confessions and court trials on state television and social media. Police ensured the detainees’ compliance by torturing some of them, denying them access to lawyers of their choice, and holding them incommunicado for months. In Xinjiang, a nominally autonomous region with 11 million Turkic Muslim Uyghurs, authorities stepped up mass surveillance and the security presence despite the lack of evidence demonstrating an organized threat. They also adopted new policies denying Uyghurs cultural and religious rights. Hong Kong’s human rights record took a dark turn. Hong Kong courts disqualified four pro-democracy lawmakers in July and jailed three prominent pro-democracy student leaders in August. -
LEGAL ADVOCACY and the 2011 CRACKDOWN in CHINA: ADVERSITY, REPRESSION, and RESILIENCE
1. All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings. 2. Governments co railtoroype and subject to their jurisdiction, tion rat erna ion without distinction of any kind, such as discrimination based on race, colour, ethnic origin, sex, language, religion, political or other opinion, nationalt or social origin, property, birth, economic or i in n yf , to other disadvanptaged persons. Professional o r t o associations of lawyers shall cooperate in the organization and provision of services, facilities and other resources. 4. Governments and profnessional associations ofm lawyers shall promote e o m t programmes to inform the public about their rights and duties under the law and the important role of lawyers in protecting their fundamene tal freedoms. Special attenintion should be given to ac v g and rld e h i e assisting the poor and other disadvantagedo a persons so as to enable them to assert their rights and where necessary call upon the assistanh ce of lawyers. 5. Governments shae ll ensure that all w t e r n c h m s t u c e t e r s p p f , p o o o s e persons are immediately informed by the competein t authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a crimu en r cef . 6. r r g agin o o t i pe p e r e s r e l h Any such persons who do not havee a lawyer shall, in a all cases in which the interests of justice so require, be entitled to have a lawyer of experience and competence commensurate with the h u t l i m s a t h nedn to them in order to prov ofo pay for such services. -
Preserving Stability and Rights Protection: Conflict Or Coherence? FENG Chongyi
• •• Journal ofCurrent Chinese Affairs 2/2013: 21-50 GIGA ••• Preserving Stability and Rights Protection: Conflict or Coherence? FENG Chongyi Abstract: The creation of a new administrative institution known as the "Stability Preservation Office" at the central level, which is overseen by the Chinese Communist Party (CCP) Central Committee and has branches at every local level, from streets and townships to enterprises, and has extraordinary powers to override other regular institutions and branches of government, is a clear indication that the Chinese govern- ment's efforts to preserve stabüit)' are not limited to the conventional business of crime control or public security. This paper traces the origin of the discourse and practice of preserving stability and the rights de- fence movement in China, investigating the interplay or interaction be- tween the two. It examines the end and the means of stability preserva- tion, explores whether the measures taken by the government to pre- serve stability or the rights protection actions taken by citizens are the root cause of social unrest, and whether the suppression of discontent or the improvement of human rights and social justice is the better way to achieve social stability in contemporary China. It contributes to our un- derstanding of emerging state-society relations and the latest social and political trends in China. • Manusctipt received 9 January 2012; accepted 6 July 2012 Keywords: China, stability, human rights Dr. Feng Chongyi is an Associate Professor in China Studies, University of Technology, Sydney and adjunct Professor of History, Nankai Universi- ty, Tianjin. His current research focuses on intellectual and political devel- opment in modern and contemporary China, as well as political economy of China's provinces. -
The Tibetan Nonviolent Struggle: a Strategic and Historical Analysis
ICNC MONOGRAPH SERIES The Tibetan Nonviolent Struggle: A Strategic and Historical Analysis Tenzin Dorjee ICNC MONOGRAPH SERIES Cover photos: (l) John Ackerly, 1987, (r) Invisible Tibet Blog SERIES EDITOR: Maciej Bartkowski John Ackerly’s photo of the first major demonstration in Lhasa in 1987 CONTACT: [email protected] became an emblem for the Tibet movement. The monk Jampa Tenzin, who is being lifted by fellow protesters, had just rushed into a burning VOLUME EDITORS: Hardy Merriman, Amber French, police station to rescue Tibetan detainees. With his arms charred by the Cassandra Balfour flames, he falls in and out of consciousness even as he leads the crowd CONTACT: [email protected] in chanting pro-independence slogans. The photographer John Ackerly Other volumes in this series: became a Tibet advocate and eventually President of the International Campaign for Tibet (1999 to 2009). To read more about John Ackerly’s The Power of Staying Put: Nonviolent Resistance experience in Tibet, see his book co-authored by Blake Kerr, Sky Burial: against Armed Groups in Colombia, Juan Masullo An Eyewitness Account of China’s Brutal Crackdown in Tibet. (2015) Invisible Tibet Blog’s photo was taken during the 2008 Tibetan uprising, The Maldives Democracy Experience (2008-13): when Tibetans across the three historical provinces of Tibet rose up From Authoritarianism to Democracy and Back, to protest Chinese rule. The protests began on March 10, 2008, a few Velezinee Aishath (2015) months ahead of the Beijing Olympic Games, and quickly became the largest, most sustained nonviolent movement Tibet has witnessed. Published by the International Center on Nonviolent Conflict The designations used and material presented in this publication do P.O. -
China – Australia – Pro-Democracy Groups – Falun Gong – Monitoring of Activist Groups
Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: CHN32643 Country: China Date: 21 November 2007 Keywords: China – Australia – Pro-democracy groups – Falun Gong – Monitoring of activist groups This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein. Questions 1. Please provide a succinct update regarding the PRC authorities’ known/suspected monitoring of pro-democracy and Falun Gong protest activities in Sydney. 2. Sources suggest that the PRC expects most to have economic motives, but that they may pursue those that they (actually) believe to be dissidents or similar. Do any reports suggest that attendance at protests, etc, is sufficient to arouse adverse attention? RESPONSE 1. Please provide a succinct update regarding the PRC authorities’ known/suspected monitoring of pro-democracy and Falun Gong protest activities in Sydney. DFAT have consistently noted that it is likely that activists who have participated in protest activities against the Chinese government, including members of pro-democracy, Falun Gong and Uighur nationalist organisations, will be monitored and questioned or detained on their return to China. This view is supported by Amnesty International, Chinese government defectors and some Australian academics. -
Rights Defence Lawyers As Dissidents in Contemporary China
International JournalRights of Defence China LawyersStudies as Dissidents in Contemporary China 325 Vol. 3, No. 3, December 2012, pp. 325-344 Rights Defence Lawyers as Dissidents in Contemporary China Feng Chongyi*, Colin Hawes** and Gu Ming*** University of Technology, Sydney Abstract Rights defence lawyers in contemporary China have attracted tremendous attention. Their supporters take them as a leading force for social and political change toward justice, the rule of law and democracy, whereas the hardliners of the ruling Chinese Communist Party regard them as a dangerous hostile force of political dissent. In this article, we will trace the resumption and development of the legal profession in China since the 1980s after its forced disappearance for three decades. Then we will explore the emergence of a group of “rights defence lawyers” in the context of recent economic, social and political changes. The article will end with a discussion about the potential role of rights defence lawyers in China’s social and political transformation. We argue that the name “rights defence lawyer” reflects the current politically charged environment for the legal profession in China and the dual identities of socially concerned lawyers as both legal professionals and rights advocates. We also argue that lawyers in China become political dissidents when defending clients whose rights are violated by the party- state and power holders, and that, in response to political persecution, rights defence lawyers have interacted with other lawyers, other rights activists and the wider society to advance their causes of bringing about justice, the rule of law and democratic political reforms in China. -
The Case and Treatment of Prominent Human Rights Lawyer Gao Zhisheng Hearing Congressional-Executive Commission on China
THE CASE AND TREATMENT OF PROMINENT HUMAN RIGHTS LAWYER GAO ZHISHENG HEARING BEFORE THE CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA ONE HUNDRED TWELFTH CONGRESS SECOND SESSION FEBRUARY 14, 2012 Printed for the use of the Congressional-Executive Commission on China ( Available via the World Wide Web: http://www.cecc.gov U.S. GOVERNMENT PRINTING OFFICE 74–543 PDF WASHINGTON : 2012 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA LEGISLATIVE BRANCH COMMISSIONERS House Senate CHRISTOPHER H. SMITH, New Jersey, SHERROD BROWN, Ohio, Cochairman Chairman MAX BAUCUS, Montana FRANK WOLF, Virginia CARL LEVIN, Michigan DONALD A. MANZULLO, Illinois DIANNE FEINSTEIN, California EDWARD R. ROYCE, California JEFF MERKLEY, Oregon TIM WALZ, Minnesota SUSAN COLLINS, Maine MARCY KAPTUR, Ohio JAMES RISCH, Idaho MICHAEL HONDA, California EXECUTIVE BRANCH COMMISSIONERS SETH D. HARRIS, Department of Labor MARIA OTERO, Department of State FRANCISCO J. SA´ NCHEZ, Department of Commerce KURT M. CAMPBELL, Department of State NISHA DESAI BISWAL, U.S. Agency for International Development PAUL B. PROTIC, Staff Director LAWRENCE T. LIU, Deputy Staff Director (II) CO N T E N T S Page Opening statement of Hon. Chris Smith, a U.S. Representative from New Jersey; Chairman, Congressional-Executive Commission on China ................ 1 Brown, Hon. Sherrod, a U.S. Senator from Ohio; Cochairman, Congressional- Executive Commission on China ........................................................................ 4 Wolf, Hon. Frank, a U.S. Representative from Virginia; Member, Congres- sional-Executive Commission on China ............................................................