ሂᣉӔѹ௄ࠛྻ Taiwan Foundation for Democracy 本出版品係由財團法人臺灣民主基金會負責出版。臺灣民主基金會是 一個獨立、非營利的機構，其宗旨在促進臺灣以及全球民主、人權的 研究與發展。臺灣民主基金會成立於二○○三年，是亞洲第一個國家 級民主基金會，未來基金會志在與其他民主國家合作，促進全球新一 波的民主化。 This is a publication of the Taiwan Foundation for Democracy (TFD). The TFD is an independent, non-profit foundation dedicated to the study and promotion of democracy and human rights in Taiwan and abroad. Founded in 2003, the TFD is the first democracy assistance foundation established in Asia. The Foundation is committed to the vision of working together with other democracies, to advance a new wave of democratization worldwide. 本報告由臺灣民主基金會負責出版，報告內容不代表本會意見。 版權所有，非經本會事先書面同意，不得翻印、轉載及翻譯。 This report has been published by the Taiwan Foundation for Democracy. Statements of fact or opinion appearing in this report do not imply endorsement by the publisher. All rights reserved. No portion of the contents may be reproduced in any form or by any means without prior written permission of the publisher. 臺灣民主基金會 Taiwan Foundation for Democracy 《China Human Rights Report 2011》 目 次 Foreword..................................................................................................... i Preface........................................................................................................ 1 Social Rights............................................................................................. 23 Political Rights.......................................................................................... 53 Judicial Rights........................................................................................... 89 Economic and Environmental Rights...................................................... 123 Educational and Cultural Rights.............................................................. 155 The Human Rights of Taiwanese Businesspeople in Mainland China.... 221 Foreword i Foreword Carrying on a time-honored tradition, the Taiwan Foundation for Democracy is presenting its China Human Rights Report 2011 encompassing Chinese people's rights in social, political, judicial, economic and environmental, education and cultural aspects as well as human rights of Taiwanese business people in China. The report also touches upon a wide spectrum of hot-button issues such as religious freedom, media regulations, human rights advocacy, internet censorship, and ethnic relations. Authors of individual topics have fully enjoyed their freedom of speech in penning the chapters, bearing testimony to Taiwan's pluralistic democracy. This symposium -- positioned as an observation report -- is committed to thoroughly examine and faithfully portray what happened in China in the previous year, without any exaggeration or reservation. We have endeavored to offer a true and comprehensive picture for readers to make their own judgment. The year 2011 saw China make some attempts in various fronts to uphold human rights. The authority proclaimed to be injecting more funding for the purpose, proposed amendments to criminal procedure laws, resolved to rectify deficiencies in the policy and statutes, acknowledged the need to improve on human rights protection, and even seemed willing to engage in human rights dialogues with the international society. Chinese premier Wen Jiabao at several public occasions also avowed to favor political reforms in pursuit of inclusive economic growth. In reality, however, there have been numerous incidents of injustice in health insurance, social security, workplace safety, education opportunity and the ban is still in place on independent workers unions. There has been widespread suppression of human rights: police brutality, illegal house © 2011 by Taiwan Foundation for Democracy ii China Human Rights Report 2011 arrest, judicial intervention in the trial process, stifl ing lawyers' dissenting voice and persecution of artists or human rights activists such as Ai Weiwei（艾未未） and Chen Guangcheng.（陳光誠） All in all, China's human rights record remains poor in its chaotic and contradictory establishment. China is considered one of the not free countries by international human rights watch organizations. Regarding economic and environmental rights, despite a series of corrective measures in fi nance, banking and housing sectors, wealth polarization between the rich and the poor has worsened. Housing justice seems unlikely to improve any time soon. Some Chinese people have likened their dwelling to an ant colony or a mouse nest. The shoddy management of air quality, sewage, noise, and traffi c in cities has been a constant source of complaints. Education opportunity for children from rural areas has long been scarce due to lack of resources and infrastructure. That limited chance for education is further hampered by the shackle of the household registration regime, profit-minded schools and an overly indoctrinating curriculum. For many rural children, equal access to quality education seems a remote dream. China's long-term restriction on religious activities, internet commentary, and research subjects has been far from international norms. In addition, Taiwanese business people in China still suffer human rights violation during judicial processes despite recently instituted guidelines on criminal detention, family notification, legal representation, length of detention, and release on bail. It is advisable for Taiwanese to bear in mind China's obsession with social order (maintaining stability and eradicating crimes) over human rights. One hot issue at hand is that Taiwanese business people with a pending civil litigation are barred from leaving China. Hence it is a priority to push for Taiwanese lawyers with Chinese credentials be allowed to practice law in China, litigation or otherwise. Also on the agenda is to clarify Taiwanese business people's rights under China's inheritance law and tax regimes. © 2011 by Taiwan Foundation for Democracy Foreword iii Everyone knows there is no utopia. The recent social upheaval and street protests, manifested in the Spring of Arab and during the Euro crisis, can be seen as people's revolt against and attempt to rectify undue social harms in their respective countries. The same malaise exists everywhere but shows different symptoms from country to country. For China, with a vast land and 1.3 billion people, tackling the diverged problems and complications could be daunting. The root cause could be in poor infrastructure design or in faulty enforcement. Some issues are intrinsic of the development process, others come from lack of understandings. Whatever the reasons, be it fl aws in institutional designs, too much or too little law enforcement, natural consequences of the developmental processes, or failures to grasp at the issues, it is fair that others offer critique and impose expectation upon China in the joint pursuit of a grand society which caters to people's needs and upholds human rights. China should welcome with open mind friendly advice and rational critique from Taiwan or around the world. Equipped with genuine good intent, rational approach and lofty ideals, the Taiwan Foundation for Democracy, in collaboration with like-minded friends, has been dedicated to, and will continue to be, promoting democracy in the Asia Pacifi c, while nudging China to improve its human rights record. Teh-Fu Hunag President Taiwan Foundation for Democracy April 10,2012 © 2011 by Taiwan Foundation for Democracy iv China Human Rights Report 2011 © 2011 by Taiwan Foundation for Democracy Preface 1 Preface Observations on China’s Human Right Condition in 2011: Huge Contrast with the Speedy Economic Development Ming Lee* I. Introduction In the first half of year 2012, two incidents shocked not only China, but also those observers of Chinese affairs. First was the flee of Wang Lijun, former Vice Mayor of Chungqing and believed to be close aide of Mayor Bo Xilai, to the American consular in Chengdu in this February, and Chen Guangcheng's entry into the American embassy trying to avoid human right abuse of the PRC government. These two incidents seemed to be irrelevant, it was however that two incidents turned out to be vexing issues bothering both Beijing and Washington. It showed that China has been in a high tide of fi erce power struggle among high-ranking offi cials and, during this critical juncture, political dissidents and human right defenders have been frustrated under severe suppressive situation. This tendency also helps to retort the PRC's allegation that China has been smoothly marching to the“ harmonious society＂ based on political stability after years of speedy economic construction. Wang Lijun's flee to the American Consular was involved into the Bo Xilai's scandals concealed by his drive of Changhong Dahei (sing red-songs and suppress gangs) in Chungqing, the largest and city in Southwest China. Bogu Kailai, Bo's wife, allegedly a suspect of making money-laundry and murdering the British businessman Neil Heywood, was now under the judicial procedure. It was alleged that Wang had solid evidences of the above-mentioned crimes *Ming Lee, Professor, Department of © 2011 by Taiwan Foundation for Democracy Diplomacy, National Chengchi University. 2 China Human Rights Report 2011 from Bo's family and Wang was wary of Bo's prosecution, he went to the American Consular and stayed there for 36 hours before he was fi nally received by offi cials from the Department of Public Security for further interrogations. Bo was immediately deprived of his position in the Politburo of the central Chinese Communist Party (CCP) Central Committee