Is Academic Freedom Threatened by China's
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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 -
Unwanted Visionaries
oxfordhb-9780199938773.indd vi 12/4/2013 8:07:55 PM Unwanted Visionaries oxfordhb-9780199938773.indd i 12/4/2013 8:07:53 PM Oxford Studies in International History JAMES J. SHEEHAN, SERIES ADVISOR Th e Wilsonian Moment : Self-Determination and the International Origins of Anticolonial Nationalism Erez Manela In War ’ s Wake : Europe ’ s Displaced Persons in the Postwar Order Gerard Daniel Cohen Grounds of Judgment : Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan Pär Kristoff er Cassel Th e Acadian Diaspora : An Eighteenth-Century History Christopher Hodson Gordian Knot : Apartheid and the Unmaking of the Liberal World Order Ryan Irwin Th e Global Off ensive: Th e United States, the Palestine Liberation Organization, and the Making of the Post–Cold War Order Paul Th omas Chamberlin Unwanted Visionaries : Th e Soviet Failure in Asia at the End of the Cold War Sergey Radchenko L a m a z e : An International History Paula A. Michaels oxfordhb-9780199938773.indd ii 12/4/2013 8:07:55 PM Unwanted Visionaries The Soviet Failure in Asia at the End of the Cold War Sergey Radchenko 1 oxfordhb-9780199938773.indd iii 12/4/2013 8:07:55 PM 1 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offi ces in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Th ailand Turkey Ukraine Vietnam Oxford is a registered trademark of Oxford University Press in the UK and certain other countries. -
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. -
The Falun Gong Factor
CompassionISSUE 6 The Falun Gong Factor Why unsung acts of courage, from banners to broadcasts, are so important to understanding today’s China ALSO IN THIS ISSUE: Olympics unworthy? China’s Gestapo Chinese courts A defector’s confessions About This Editon For several years now, participants in one of the largest grassroots campaigns of civil disobedience the world has known have quietly informed fellow Chinese citizens about the brutal persecution unfolding in their own backyards. They are the practitioners of Falun Gong (or “Falun Dafa”), and at great personal risk have labored to right a tremendous wrong. Part of the Falun Gong’s effort has been to provide the outside world, on a daily basis, with priceless eyewitness accounts from inside China. These accounts tell of a suppression that permeates every facet of Chinese society. What emerges is a uniquely candid look at how the suppression of Falun Gong, as with the group’s determined resistance, impacts the Chinese people and nation, if not larger world. This edition of Compassion tells a tale at once sobering and hopeful. As the distinguished historian Ar- thur Waldron points out in his introductory essay, the campaign, for all its brutality, is failing to crush the Falun Gong. The campaign has seen new, horrific twists in recent times, however, as argued in unsettling detail by David Matas; chief among them is organ harvesting from living Falun Gong adherents. Sarah Cook sheds much-needed light, meanwhile, on the little-known entity charged with executing the nation- wide suppression—the 6-10 Office. Yet we have occasion for optimism, in spite of all this, in the movement of astounding size and vigor that has emerged in China among the Falun Gong, as described in “Righteous Resistance.” And this, de- spite enormous, yet seldom described, legal challenges set before the Falun Gong; Clive Ansley unravels for us the dubious system that is China’s courts. -
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 ............................................................ -
Access to Justice Excerpted Congressional-Executive
ACCESS TO JUSTICE EXCERPTED FROM THE 2015 ANNUAL REPORT OF THE CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA ONE HUNDRED FOURTEENTH CONGRESS FIRST SESSION OCTOBER 8, 2015 Printed for the use of the Congressional-Executive Commission on China ( Available via the World Wide Web: http://www.cecc.gov U.S. GOVERNMENT PUBLISHING OFFICE 98–306 PDF WASHINGTON : 2016 For sale by the Superintendent of Documents, U.S. Government Publishing 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 VerDate Mar 15 2010 12:47 Jan 19, 2016 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 U:\DOCS\AR15 SECTIONS\AR15 A2J.TXT DEIDRE LEGISLATIVE BRANCH COMMISSIONERS House Senate CHRISTOPHER H. SMITH, New Jersey, MARCO RUBIO, Florida, Cochairman Chairman JAMES LANKFORD, Oklahoma ROBERT PITTENGER, North Carolina TOM COTTON, Arkansas TRENT FRANKS, Arizona STEVE DAINES, Montana RANDY HULTGREN, Illinois BEN SASSE, Nebraska TIMOTHY J. WALZ, Minnesota SHERROD BROWN, Ohio MARCY KAPTUR, Ohio DIANNE FEINSTEIN, California MICHAEL M. HONDA, California JEFF MERKLEY, Oregon TED LIEU, California GARY PETERS, Michigan EXECUTIVE BRANCH COMMISSIONERS CHRISTOPHER P. LU, Department of Labor SARAH SEWALL, Department of State STEFAN M. SELIG, Department of Commerce DANIEL R. RUSSEL, Department of State TOM MALINOWSKI, Department of State PAUL B. PROTIC, Staff Director ELYSE B. ANDERSON, Deputy Staff Director (II) VerDate Mar 15 2010 12:47 Jan 19, 2016 Jkt 000000 PO 00000 Frm 00002 Fmt -
Authoritarian Counterstrategy to Cope with Western Democracy Promotion: the China Model
AUTHORITARIAN COUNTERSTRATEGY TO COPE WITH WESTERN DEMOCRACY PROMOTION: THE CHINA MODEL A Dissertation submitted to the Faculty of the Graduate School of Arts and Sciences of Georgetown University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Government By Sungmin Cho, B.A. Washington, DC February 5, 2018 Copyright 2018 by Sungmin Cho All Rights Reserved ii AUTHORITARIAN COUNTERSTRATEGY TO COPE WITH WESTERN DEMOCRACY PROMOTION: THE CHINA MODEL Sungmin Cho, B.A. Thesis Advisor: Victor Cha, Ph.D. ABSTRACT China is distinct for its openness to the programs of Western democracy promotion. The Chinese government has cooperated with a number of Western NGOs for the last thirty years to improve rule of law, village election, administrative reform, and civil society in China. Also, it has openly engaged in human rights dialogues with Western governments, allowed Chinese students to be exposed to Western ideas while they live and study in Western democracies, and partially allowed people to watch the West’s political broadcastings like Voice of America. Why has the Chinese state deliberately opened the society to the influence of the Western democracy promotion programs, despite its concern over the impacts of Western ideas and norms on the legitimacy of Chinese Communist Party (CCP)’s authoritarianism? I argue that the Chinese state intends to make use of Western democracy promotion to its advantage; the Western democracy aids can be useful to promote China’s own governance reform programs while the Western criticism can trigger Chinese people’s defensive nationalism. This dissertation traces the process of how Chinese government’s strategic intention translates into the policies of openness, based on first-hand interviews, extensive examination of propaganda materials, official statements and research by Chinese academics. -
1 Cefc PM 20131028 Press Meeting October 28, 2013 Politics 1
cefc PM 20131028 Press Meeting October 28, 2013 Politics 1. Party journal denounces 'Western democracy trap' a. Qiushi, an influential Communist Party journal, published an article on 16/10 which denounced Western calls for political reform, saying such pressure was aimed at getting rid of the Communist Party and its leaders.1 b. The article was titled “巩固党和人民团结奋斗的共同思想基础” (it later mentions 两个巩固 in the article) and was written by a certain Qiu Shi 秋石, which probably represents journal’s own view. c. The article specifically denounced the set of universal values forced upon on China by the West, constitutionalism and neo-liberalism, arguing that they contravene the principles of the Chinese Constitution. "Western countries attack us for having a constitution but no constitutional government, saying the Communist Party as a one-party system is illegitimate, and that the Communist Party is above the law. …This is so they can pressure us to put in place the 'political reforms' they so earnestly hope for, the real goal of which is to eliminate Communist Party leaders and change our socialist system."2 d. An indication that the attack against constitutionalism is climbing to higher levels 2. Nanjing mayor Ji Jianye was placed under disciplinary investigation and dismissed from office as part of the anti-graft campaign a. The accusation was “economic crimes”, a euphemism for corruption. b. People’s Daily said that Ji was implicated in the investigation of Zhu Xingliang, a prominent businessman in Jiangsu. The report, citing an anonymous Nanjing official, also said Ji initiated massive urban renovation projects during his days in Yangzhou, with work on the projects often tendered to contractors with ties to him. -
Language and Politics During the Chinese Cultural Revolution: a Study in Linguistic Engineering
LANGUAGE AND POLITICS DURING THE CHINESE CULTURAL REVOLUTION: A STUDY IN LINGUISTIC ENGINEERING A Thesis submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Linguistics in the University of Canterbury by Ji Fengyuan ? University of Canterbury 1998 CONTENTS Abbreviations vi Acknowledgments vii Introduction 1 I PRELUDE 1. linguistic Engineering: Theoretical Considerations 1.1 The Language of Speech and the Language of Thought 8 1.2 Sapir, Whorf and the Categories of Thought 11 1.3 Concepts, Schemas and World View 24 1.4 Primitive Affective and Associational Processes 31 1.5 Code, Context and Relevance Theory 49 1.6 A Framework for Multi-factorial Persuasion: Information Processing and the Elaboration Likelihood Model 61 1.7 Timeless Theories and Empirical Case Studies 64 2. Linguistic Engineering before the Cultural Revolution 2.1 Origins of Linguistic Engineering in China 66 2.2 The Institutional Basis of linguistic Engineering 72 2.3 Formulae, Codability and Processing Efficiency 81 2.4 The Language of Class Analysis 84 2.5 Language, Love and Revolution 98 2.6 The Discourse of Collectivization 101 2.7 Discourse of the Great Leap Forward: From Martial Language to Disillusionment 103 2.8 Emerging Mao Worship: Prelude to the Cultural Revolution 110 2.9 Linguistic Engineering in China before the Cultural Revolution: an Assessment 117 ii II THE CULTURAL REVOLUTION 1966-68: MASS MOBILIZATION, LANGUAGE AND INTERPRETATION 3. Context and Interpretation: Mao's Manipulation of Meaning 3.1 Background to the