CHINA: POLICE SHUT DOWN GAY, LESBIAN EVENT Government Persecutes Civil Society Groups That Address HIV/AIDS

News Release Communiqué

For Immediate Release

CHINA: POLICE SHUT DOWN GAY, LESBIAN EVENT Government persecutes civil society groups that address HIV/AIDS

TORONTO/NEW YORK, December 20, 2005 — In shutting down Beijing’s first- ever gay and lesbian cultural festival, the Chinese government violated basic freedoms and persecuted activists who are addressing the country’s burgeoning AIDS crisis, Human Rights Watch and the Canadian HIV/AIDS Legal Network said today in letters to the Chinese authorities.

“China continues to talk about political reform, but closing down a cultural event is a crude reminder of the limits on openness,” said Scott Long, Director of the Lesbian, Gay, Bisexual, and Transgender Rights Program at Human Rights Watch. “This police raid was an effort to drive China’s gay and lesbian communities underground and to silence open discussions about sexuality throughout the country.”

Human Rights Watch and the Canadian HIV/AIDS Legal Network today sent letters detailing these human rights abuses to Chinese President Hu Jintao, Premier Wen Jiabao, the Ministry of Public Security and the State Council Committee on HIV/AIDS.

Organizers planning the Beijing Gay and Lesbian Culture Festival anticipated a groundbreaking weekend of films, plays, exhibitions and seminars about homosexuality, a subject that has long been taboo in China. Participants were to include noted academic researchers, actors, filmmakers and artists, as well as activists for sexual rights and health, specifically HIV/AIDS.

The event was originally booked to take place at the “798 Factory” art colony in the Dashanzi area of Beijing. But on Wednesday, December 14, two days before the opening, the Beijing Public Security Bureau banned the organizers from using the “798 Factory” area. The organizing committee, some of whose members reported police surveillance, decided to move the festival to a private establishment, the On/Off bar. About 3 p.m. on Friday, just before the start of activities, around a dozen uniformed police, accompanied by plainclothesmen, raided the bar and shut down the event.

According to the event’s organizers, police ripped down signs, decorations and posters. They filmed the raid and festival attendees, and ordered the bar closed for a week.

“This raid is part of a pattern of censorship and harassment of Chinese activists working for sexual rights and health,” said Joanne Csete, Executive Director of the Canadian HIV/AIDS Legal Network. “The Chinese government tells the world that it is dealing with HIV/AIDS in internationally acceptable ways, but continues to persecute civil society organizations that can lead the way to effective programs.”

As Human Rights Watch documented in its June 2005 report, Restrictions on AIDS Activists in China (http://hrw.org/reports/2005/china0605/), Chinese authorities have shut down Web sites offering information to lesbian, gay, bisexual and transgender people.

Non-governmental organizations serving and advocating for people living with HIV/AIDS have been harassed, hampered or forced to close. As many as hundreds of thousands of rural villagers in Henan province may have been infected through faulty blood collection practices in government-backed clinics. In Henan, young activists who started an AIDS orphanage have been beaten and jailed, and many people living with HIV/AIDS who have sought medical care or assistance for their children have been harassed and incarcerated.

The full text of the letters are available at www.aidslaw.ca.

About the Canadian HIV/AIDS Legal Network The Canadian HIV/AIDS Legal Network (www.aidslaw.ca) promotes the human rights of people living with and vulnerable to HIV/AIDS, in Canada and internationally, through research, legal and policy analysis, education, and community mobilization. The Legal Network is Canada’s leading advocacy organization working on the legal, ethical and human rights issues raised by HIV/AIDS.

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For more information, please contact:

Leon Mar Scott Long Director of Communications Director, Lesbian, Gay, Bisexual, Canadian HIV/AIDS Legal Network and Transgender Rights Program Telephone: +1 416 595-1666 ext. 228 Human Rights Watch E-mail: [email protected] Telephone: +1 (646) 641 5655

HUMAN RIGHTS WATCH

350 Fifth Ave, 34th Floor New York, NY 10118 Phone: 212.290.4700 Fax: 212.736.1300 [email protected] December 19, 2005

LESBIAN, GAY, President Hu Jintao BISEXUAL, AND TRANSGENDER RIGHTS Yongneixijie PROJECT Scott Long Beijingshi 100017 Director People's Republic of China ADVISORY COMMITTEE Julie Dorf VIA POST & FACSIMILE: 011 8610 6 520 5316 Chair Katherine Acey Faisal Alam Your Excellency: Cynthia Brown Mauro I. Cabral Mandy Carter James C. Hormel Human Rights Watch and the Canadian HIV/AIDS Legal Network write to protest the Richard Kim Ronald Lwabaayi arbitrary action of Beijing police who on December 16 closed down the First Annual Beijing Thom Lynch Michael Marshall Gay and Lesbian Culture Festival. The suppression of the festival, on whatever pretext, Alice M. Miller violates fundamental rights to freedoms of expression and assembly. Furthermore, in view of Andrew Park Kathleen Peratis China’s burgeoning HIV/AIDS crisis, the closure threatens to drive further underground a Bruce Rabb Alejandra Sardá segment of the population the Chinese government itself has identified as in need of lifesaving Sid Sheinberg Ann Snitow outreach services. Social stigma and legal harassment have already made such efforts highly Domna Stanton Stephen Whittle difficult. In addition, the closure limits the likelihood of free and open discussion of sexuality Reid Williams and safer sex throughout China. HUMAN RIGHTS WATCH Kenneth Roth Executive Director Allison Adoradio The Beijing Gay and Lesbian Culture Festival was planned as an academic and artistic event, Operations Director Michele Alexander with a weekend of films, plays, exhibitions, and seminars about homosexuality. Participants Development & Outreach Director Carroll Bogert were to include noted academic researchers, actors, filmmakers, and artists. It was originally Associate Director scheduled to begin on December 16, 2005 in the "798 Factory" art colony in the Dashanzi Widney Brown Deputy Program Director district of Beijing. Peggy Hicks Global Advocacy Director Iain Levine Program Director On December 14, the Beijing Public Security Bureau issued an order to the festival’s Dinah PoKempner General Counsel organizers prohibiting use of the "798 Factory" area. The committee, some of whose members James Ross Senior Legal Advisor reported police surveillance, decided to move the festival to a private establishment, the Joe Saunders "On/Off" bar. At about 3 p.m. on December 16, as the festival was preparing to open, some Deputy Program Director Wilder Tayler dozen uniformed police, accompanied by plainclothesmen, raided the bar and disbanded the Legal and Policy Director Joanna Weschler festival. UN Advocacy Director Jane Olson Chair, Board of Directors According to festival organizers, police tore down signs, decorations, and posters. They videotaped the raid and festival participants, and confiscated film from a photographer present. Police offered shifting explanations for the closure, ranging from lack of government permission to problems with the lighting engineers' work certificates. They also ordered the bar to close for a week.

This heavy-handed intervention sent an unequivocal message that censorship is a grim reality in China, and that lesbian, gay, bisexual, and transgender people’s voices and cultural expressions are among its targets. In addition, the shutdown violates China’s commitments under international law. The International Covenant on Civil and Political Rights (ICCPR), which China signed in 1998, but has not yet ratified, protects freedom of expression and assembly. As a signatory, China is bound not to subvert the object and purpose of the covenant. In the case of Toonen v Australia in 1994, the United Nations Human Rights Committee held that the protections of the ICCPR against discrimination in all areas of rights should be understood to include sexual orientation.

This police raid followed on a series of repressive actions directed against activists working in the areas of HIV/AIDS and lesbian and gay people’s rights. As Human Rights Watch documented in its June 2005 report, Restrictions on Aids Activists in China, authorities have shut down websites offering information to lesbian, gay, bisexual, and transgender people. Non-governmental organizations serving and advocating for people living with HIV/AIDS

BRUSSELS GENEVA LONDON LOS ANGELES MOSCOW NEW YORK SAN FRANCISCO TORONTO WASHINGTON

have been harassed or forced to close. HIV/AIDS activists, particularly in rural China, have been beaten and jailed.

Human Rights Watch, an independent, non-governmental monitoring and advocacy organization that documents and reports on human rights violations in over ninety countries worldwide, and the Canadian HIV/AIDS Legal Network, a national, community-based, charitable organization working on policy and legal issues raised by HIV/AIDS, both within Canada and internationally, urge that:

• the Ministry of Public Security fully investigate the closing of the Beijing Gay and Lesbian Culture Festival, and appropriately discipline those responsible for arbitrary action;

• the Ministry of Public Security work with both HIV/AIDS organizations and activists and experts in the area of lesbian, gay, bisexual, and transgender people’s rights, to organize training programs in each province. The programs should train police to work with partners in civil society to ensure that the rights of lesbian, gay, bisexual, and transgender people, and of people living with HIV/AIDS, are respected;

• the Ministry of Public Security cease censorship of Internet websites, publications, and public gatherings providing information about lesbian, gay, bisexual, and transgender people’s lives and rights, or information about HIV/AIDS;

• The State Council Committee on HIV/AIDS direct provincial authorities to respect the rights of lesbian, gay, bisexual, and transgender activists, as well as HIV/AIDS activists, to freedom of expression, association, and assembly; and

• The State Council Committee on HIV/AIDS work with the Ministry of Public Security to identify, investigate, and modify local and national policies and regulations that restrict or inhibit the activities and free expression of such activists.

Thank you for your attention. We look forward to your reply.

Sincerely,

Joanne Csete Scott Long Executive Director Director Canadian HIV/AIDS Legal Network Lesbian, Gay, Bisexual, & Transgender Rights Project Human Rights Watch

Cc: Prime Minister Wen Jiabao Deputy Premier Wu Yi Ministry of Public Security Zhou Yongkang Embassy of the People’s Republic of China in the United States of America

2 HUMAN RIGHTS WATCH

350 Fifth Ave, 34th Floor New York, NY 10118 Phone: 212.290.4700 Fax: 212.736.1300 [email protected]

LESBIAN, GAY, BISEXUAL, AND TRANSGENDER RIGHTS PROJECT Scott Long Director Jessica Stern Researcher December 19, 2005 ADVISORY COMMITTEE Julie Dorf Chair Katherine Acey Wu Yi Faisal Alam Cynthia Brown Deputy Premier Mauro I. Cabral State Council Committee on HIV/AIDS Prevention and Control Mandy Carter James C. Hormel 27 Nanwei Road, Xuanwu District Richard Kim Ronald Lwabaayi Beijing 100050 Thom Lynch Michael Marshall People’s Republic of China Alice M. Miller Andrew Park VIA POST AND FACSIMILE: 86-10-83157903 Kathleen Peratis Bruce Rabb Alejandra Sardá Dear Madame Wu, Sid Sheinberg Ann Snitow Domna Stanton Stephen Whittle Human Rights Watch and the Canadian HIV/AIDS Legal Network write to protest the Reid Williams HUMAN RIGHTS WATCH arbitrary action of Beijing police who on December 16 closed down the First Annual Beijing Kenneth Roth Executive Director Gay and Lesbian Culture Festival. The suppression of the festival, on whatever pretext, Allison Adoradio Operations Director violates fundamental rights to freedoms of expression and assembly. Furthermore, in view of Michele Alexander China’s burgeoning HIV/AIDS crisis, the closure threatens to drive further underground a Development Director Carroll Bogert segment of the population the Chinese government itself has identified as in need of lifesaving Associate Director Widney Brown outreach services. Social stigma and legal harassment have already made such efforts highly Deputy Program Director Iain Levine difficult. In addition, the closure limits the likelihood of free and open discussion of sexuality Program Director Dinah PoKempner and safer sex throughout China. General Counsel James Ross Senior Legal Advisor The Beijing Gay and Lesbian Culture Festival was planned as an academic and artistic event, Joe Saunders Deputy Program Director with a weekend of films, plays, exhibitions, and seminars about homosexuality. Participants Wilder Tayler Legal and Policy Director were to include noted academic researchers, actors, filmmakers, and artists. It was originally Jane Olson Chair, Board of Directors scheduled to begin on December 16, 2005 in the "798 Factory" art colony in the Dashanzi district of Beijing.

On December 14, the Beijing Public Security Bureau issued an order to the festival’s organizers prohibiting use of the "798 Factory" area. The committee, some of whose members reported police surveillance, decided to move the festival to a private establishment, the "On/Off" bar. At about 3 p.m. on December 16, as the festival was preparing to open, some dozen uniformed police, accompanied by plainclothesmen, raided the bar and disbanded the festival.

According to festival organizers, police tore down signs, decorations, and posters. They videotaped the raid and festival participants, and confiscated film from a photographer present. Police offered shifting explanations for the closure, ranging from lack of government permission to problems with the lighting engineers' work certificates. They also ordered the bar to close for a week.

This heavy-handed intervention sent an unequivocal message that censorship is a grim reality in China, and that lesbian, gay, bisexual, and transgender people’s voices and cultural expressions are among its targets. In addition, the shutdown violates China’s commitments under international law. The International Covenant on Civil and Political Rights (ICCPR), which China signed in 1998, but has not yet ratified, protects freedom of expression and assembly. As a signatory, China is bound not to subvert the object and purpose of the covenant. In the case of Toonen v Australia in 1994, the United Nations Human Rights BRUSSELS GENEVA LONDON LOS ANGELES MOSCOW NEW YORK SAN FRANCISCO TORONTO WASHINGTON

Committee held that the protections of the ICCPR against discrimination in all areas of rights should be understood to include sexual orientation.

• the Ministry of Public Security fully investigate the closing of the Beijing Gay and Lesbian Culture Festival, and appropriately discipline those responsible for arbitrary action;

Thank you for your attention. We look forward to your reply.

Sincerely,

Joanne Csete Scott Long Executive Director Director Canadian HIV/AIDS Legal Network Lesbian, Gay, Bisexual, & Transgender Rights Project Human Rights Watch Cc: President Hu Jintao Prime Minister Wen Jiabao Ministry of Public Security Zhou Yongkang Embassy of the People’s Republic of China in the United States of America

HUMAN RIGHTS WATCH

350 Fifth Ave, 34th Floor New York, NY 10118 Phone: 212.290.4700 Fax: 212.736.1300 [email protected] December 19, 2005

LESBIAN, GAY, Wen Jiabao Guojia Zongli BISEXUAL, AND TRANSGENDER RIGHTS The State Council PROJECT Scott Long 9 Xihuangcheng Genbeijie Director Beijingshi 100032 ADVISORY COMMITTEE Julie Dorf People's Republic of China Chair VIA POST AND FACSIMILE: 011 86 10 65292345 Katherine Acey Faisal Alam (c/o Ministry of Communication) Cynthia Brown Mauro I. Cabral Mandy Carter James C. Hormel Your Excellency: Richard Kim Ronald Lwabaayi Thom Lynch Michael Marshall Human Rights Watch and the Canadian HIV/AIDS Legal Network write to protest the Alice M. Miller arbitrary action of Beijing police who on December 16 closed down the First Annual Beijing Andrew Park Kathleen Peratis Gay and Lesbian Culture Festival. The suppression of the festival, on whatever pretext, Bruce Rabb Alejandra Sardá violates fundamental rights to freedoms of expression and assembly. Furthermore, in view of Sid Sheinberg Ann Snitow China’s burgeoning HIV/AIDS crisis, the closure threatens to drive further underground a Domna Stanton Stephen Whittle segment of the population the Chinese government itself has identified as in need of lifesaving Reid Williams outreach services. Social stigma and legal harassment have already made such efforts highly HUMAN RIGHTS WATCH Kenneth Roth difficult. In addition, the closure limits the likelihood of free and open discussion of sexuality Executive Director Allison Adoradio and safer sex throughout China. Operations Director Michele Alexander Development & Outreach Director Carroll Bogert The Beijing Gay and Lesbian Culture Festival was planned as an academic and artistic event, Associate Director with a weekend of films, plays, exhibitions, and seminars about homosexuality. Participants Widney Brown Deputy Program Director were to include noted academic researchers, actors, filmmakers, and artists. It was originally Peggy Hicks Global Advocacy Director scheduled to begin on December 16, 2005 in the "798 Factory" art colony in the Dashanzi Iain Levine Program Director district of Beijing. Dinah PoKempner General Counsel James Ross Senior Legal Advisor On December 14, the Beijing Public Security Bureau issued an order to the festival’s Joe Saunders organizers prohibiting use of the "798 Factory" area. The committee, some of whose members Deputy Program Director Wilder Tayler reported police surveillance, decided to move the festival to a private establishment, the Legal and Policy Director Joanna Weschler "On/Off" bar. At about 3 p.m. on December 16, as the festival was preparing to open, some UN Advocacy Director Jane Olson dozen uniformed police, accompanied by plainclothesmen, raided the bar and disbanded the Chair, Board of Directors festival.

BRUSSELS GENEVA LONDON LOS ANGELES MOSCOW NEW YORK SAN FRANCISCO TORONTO WASHINGTON

shut down websites offering information to lesbian, gay, bisexual, and transgender people. Non-governmental organizations serving and advocating for people living with HIV/AIDS have been harassed or forced to close. HIV/AIDS activists, particularly in rural China, have been beaten and jailed.

• the Ministry of Public Security fully investigate the closing of the Beijing Gay and Lesbian Culture Festival, and appropriately discipline those responsible for arbitrary action;

Thank you for your attention. We look forward to your reply.

Sincerely,

Joanne Csete Scott Long Executive Director Director Canadian HIV/AIDS Legal Network Lesbian, Gay, Bisexual, & Transgender Rights Project Human Rights Watch

Cc: President Hu Jintao Deputy Premier Wu Yi Ministry of Public Security Zhou Yongkang Embassy of the People’s Republic of China in the United States of America

2 HUMAN RIGHTS WATCH

350 Fifth Ave, 34th Floor New York, NY 10118 Phone: 212.290.4700 Fax: 212.736.1300 [email protected] December 19, 2005

LESBIAN, GAY, Zhou Yongkang BISEXUAL, AND TRANSGENDER RIGHTS Ministry of Public Security PROJECT Scott Long 14 East Changan Avenue Director Beijing 100741 ADVISORY COMMITTEE Julie Dorf People’s Republic of China Chair VIA POST AND FACSIMILE: 86-10-65204691 Katherine Acey Faisal Alam Cynthia Brown Mauro I. Cabral Dear Mr. Zhou, Mandy Carter James C. Hormel Richard Kim Ronald Lwabaayi Human Rights Watch and the Canadian HIV/AIDS Legal Network write to protest the Thom Lynch Michael Marshall arbitrary action of Beijing police who on December 16 closed down the First Annual Beijing Alice M. Miller Gay and Lesbian Culture Festival. The suppression of the festival, on whatever pretext, Andrew Park Kathleen Peratis violates fundamental rights to freedoms of expression and assembly. Furthermore, in view of Bruce Rabb Alejandra Sardá China’s burgeoning HIV/AIDS crisis, the closure threatens to drive further underground a Sid Sheinberg Ann Snitow segment of the population the Chinese government itself has identified as in need of lifesaving Domna Stanton Stephen Whittle outreach services. Social stigma and legal harassment have already made such efforts highly Reid Williams difficult. In addition, the closure limits the likelihood of free and open discussion of sexuality HUMAN RIGHTS WATCH Kenneth Roth and safer sex throughout China. Executive Director Allison Adoradio Operations Director Michele Alexander The Beijing Gay and Lesbian Culture Festival was planned as an academic and artistic event, Development & Outreach Director Carroll Bogert with a weekend of films, plays, exhibitions, and seminars about homosexuality. Participants Associate Director were to include noted academic researchers, actors, filmmakers, and artists. It was originally Widney Brown Deputy Program Director scheduled to begin on December 16, 2005 in the "798 Factory" art colony in the Dashanzi Peggy Hicks Global Advocacy Director district of Beijing. Iain Levine Program Director Dinah PoKempner General Counsel On December 14, the Beijing Public Security Bureau issued an order to the festival’s James Ross Senior Legal Advisor organizers prohibiting use of the "798 Factory" area. The committee, some of whose members Joe Saunders reported police surveillance, decided to move the festival to a private establishment, the Deputy Program Director Wilder Tayler "On/Off" bar. At about 3 p.m. on December 16, as the festival was preparing to open, some Legal and Policy Director Joanna Weschler dozen uniformed police, accompanied by plainclothesmen, raided the bar and disbanded the UN Advocacy Director Jane Olson festival. Chair, Board of Directors

BRUSSELS GENEVA LONDON LOS ANGELES MOSCOW NEW YORK SAN FRANCISCO TORONTO WASHINGTON

• the Ministry of Public Security fully investigate the closing of the Beijing Gay and Lesbian Culture Festival, and appropriately discipline those responsible for arbitrary action;

Thank you for your attention. We look forward to your reply.

Sincerely,

Joanne Csete Scott Long Executive Director Director Canadian HIV/AIDS Legal Network Lesbian, Gay, Bisexual, & Transgender Rights Project Human Rights Watch

Cc: President Hu Jintao Prime Minister Wen Jiabao Deputy Premier Wu Yi Embassy of the People’s Republic of China in the United States of America