of thousandsandeven more thanahundred thousandpeople. tens involving thousands, government citizens, andordinary Clasheshave betweenlenges from occurred theperiphery. the however, thegovernment hasfaced chal- serious ber 2004, singing thepraisesofChina’s SinceOcto- boomingeconomy. theBeijingregimeoly hasgrown onpower, accustomedto stabilityDedicated topreserving andmaintainingitsmonop- uine stabilityinChinesesociety. outsolutionsthatwillleadtogen- working andfor the societalillsthatbreeddiscontent, Freedom forexposing ofexpressioniscrucial BY LIUXIAOBO ATOP AVOLCANO organizing actsofviolence. adisturbance or various More than1,000peoplewere andchargedwith arrested cials. policeofficers military andgovernment offi- officers, security Casualtiesincluded200public destroyed by demonstrators. buildings andvehicles were setonfire or Inmany cases, pied. county government offices were damaged orforcibly occu- cityand Inmore than100instances, ment andthepeople. more than70street clashestakingplacebetween thegovern- with ralliesandpetitioningexpeditionstothecapital, tions, demonstra- inmarches, 3.1millionpeopletookpart China, Tianjin Cityandthe Tibet Autonomous Region.Throughout notcounting and 390countiesin29provinces anddistricts, strations andanti-government ralliesinmore than170cities demon- revealing that there hadbeenmore than520marches, themonthofSeptember reportonsocialorderduring internal Comprehensive Management published ofPublic an Security zine oecmo oa hni news but thescale ofthedis- more common today than itoncewas, Notonly isviolent confrontation much with 10years earlier. andshowedprevious aseven-fold year, increase compared unrest increased by 15percentin2003compared withthe figureswere indicate that instancesofsocial attacked.These administrative unitsoftheParty andthegovernment cases, an average ofapproximately 160disturbancesperday. Inmany 58,000 relatively in2003, largeoccurred disturbancesorriots published by theXinhuaNews revealed further Agency, that nisOtbr20 su,theHongKong-based In itsOctober2004issue, The (Dongxiang) reportedthat theCentralCommitteefor Oriental Outlook Weekly (Liaowang Dongfang Zhoukan), Trend Maga- and Hebei Provinces safeguard theirrights. engaged inlong-standingcampaignstohelppeasantsFujian Zhao journalist Yan andthesociologistZhang Yaojie have been thelegalscholars the Yuexample, MeisunandLiBoguang, For rights. abuse ofpeasants’ and exposelocalgovernments’ ices that helppeasantspublicize theirappeals for theirrights movementrights andlegal serv- by material providing literary, tuals andlawyers have inthepeasants’ begun participating lage many Moreover, cadres intellec- known as “local despots.” far vil- astodemandtheprosecution andexecution ofcorrupt andhave goneso tospearhead thedefense oftheirrights, ies” representative bod- and “peasants’ “autonomous committees” peasantshave spontaneously organized Provinces, ects withoutcompensation. ants having theirfarmland confiscated proj- for construction and5)peas- farm implementsandseeds; fertilizers, chemical of prices 4)rising withheld orwhoare notpaidontime; migrantlaborers 3)rural whohave oftheirwages part ments; resisting levies various imposedonthem by localgovern- peasants 2) farmers whodependonthelandfor survival; of onorseizingthelanduserights infringing departments 1)localgovernment includethefollowing: the countryside social issuesby government departments. social retaliation against inadequate andunjusthandlingof and5) andthepoor; betweensocial polarization therich lower andworking classes takingastandagainst thegrowing 4)the bureau thepublic andjudicialorgans; security ment, andabuses byopposition tocorruption theParty andgovern- 3)popular andinterests arethat theirrights beingabused; 2)peoplewhofeel employment oradequate compensation; whoare notprovided withnew ormerged, restructured workers laidofffrom state-owned that are closed, enterprises 1) and petitioningdrivesinurbanareas includethefollowing: lence hasalsorapidly escalated. andthelevel ofvio- turbances hasbeengradually increasing, over forced relocation andinadequate compensation ofvil- clashesarose Province.The Sichuan 2004 inHanyuan County, between occurred authorities October27and November 7, enhl,i lcssc sAhi HubeiandJiangxi as inplacessuch Anhui, Meanwhile, demonstrations andralliesin The maincausesofmarches, rallies demonstrations, The mainimpetusesfor marches, The mostwidely reportedclashesbetween citizensandthe 1 ’

Photo: AP World Wide Photos ADDRESSING UNREST 39 CHINA RIGHTS FORUM NO. 1, 2005 lagers affected by a dam project.According to the Hong Kong- invariably abuse their power and are no longer able to rein in based Oriental Daily (Dongfang Ribao), the Chinese leadership the people’s desire for morality and justice. No matter how took the Hanyuan riots very seriously and characterized them much the government controls the media and censors the as “large-scale mass incidents.”2 Internet, it is unable to silence popular opinion. In other The Oriental Daily article reported that on November 8, 2004, words, ordinary Chinese people have developed a system of a special working group dispatched by the central government values independent of the government, producing moral and headed by Wang Yang, the vice-secretary-general of the heroes of international standing such as Ding Zilin, Bao Tong, State Council, arrived in Hanyuan.At a meeting with senior Jiang Yanyong and Gao Yaojie.4 county cadres,Wang Yang delivered the following four-point During this time of “stability at the macro level and unrest directive from Hu Jintao and Wen Jiabao: “It is understandable at the micro level,” the Communist regime, single-mindedly that the people should want to stop the dam construction. It is dedicated to the maintenance of social order, has seen the also normal that residents about to be relocated should express foundations of its pyramid-shaped power structure gradually their opinions through a variety of channels. Local residents crumble.The regime has not hesitated to employ brute force, about to be relocated should be encouraged to tell the authori- lies and bribery in its efforts to maintain stability,preserve ties what they think.They must not be prosecuted. But while one-party rule and further the interests of its minority elite. the authorities must protect the rights and interests of local res- Ultimately,however, government-imposed terror does not pre- idents slated for relocation, they must severely punish criminal serve stability,but rather creates unrest. Lack of free expres- elements who beat, smash, rob and burn.” sion, imposed from above, does not lead to consensus but to Because the Chinese government maintains strict media the build-up of resentment. In a dictatorship, only two types of censorship, the government-controlled media continue to stability are possible: the false stability of ten thousand horses restrict their coverage to economic prosperity and political sta- standing mute and motionless, or the tense stillness that pre- bility.“The era of peace and prosperity” has become a ubiqui- cedes the sudden ignition of a prairie fire. tous catchphrase. But in domestic and foreign circles, there is much talk of China sitting atop a volcano.The Wanzhou Inci- The growth of popular activism dent is seen as one example of the smoldering public dissatis- While organized popular resistance remains difficult under the faction.3 Although apparently triggered by a spontaneous street iron grip of the Communist dictatorship, the crippled reforms brawl, the massive riot, involving tens of thousands of people, have nevertheless spurred calls for freedom by disadvantaged indicates a deep-rooted public resentment and antagonism individuals, social groups and an emerging grassroots civil against government officials that can ignite the common rights movement, with protests occurring daily throughout people like dry kindling in an instant. China. Moreover, the media are hitting more “edge balls,” to use a ping-pong metaphor, pushing the boundaries of accept- A crumbling foundation able reporting in China.The Internet, by providing ordinary Westerners are often perplexed by China’s situation since the people with access to uncensored news, has rapidly become the Tiananmen Massacre in 1989.With China’s reforms crippled preferred forum for publicizing grievances and has enhanced by political corruption and growing polarization between rich the people’s ability to organize and stand up for their rights. and poor, how has it been possible for the government to sus- The growth of a grassroots civil rights movement is seen tain rapid economic growth and social stability over the past from very different angles by the government and the people. 15 years? To the Communist regime, which regards the will of the Countless predictions of the CCP’s impending demise fol- people with hostility,the movement is a clear indication of its lowing the Tiananmen Massacre proved incorrect. It became loss of control over society,and the government uses the carrot apparent that the regime of the post-totalitarian era did not of bribery and the stick of repression to curtail every move need to reestablish the legitimacy it had squandered so toward a free press or organized popular resistance. Ordinary quickly; neither was there any need to revise its crippled citizens, on the other hand, are becoming increasingly aware reform strategy or obsolete political system.The regime simply of their rights and are spontaneously standing up for them. relied on economic growth and an iron fist to maintain its grip Although opposition and human rights activists have cam- on power and political stability. paigned unceasingly since 1989, popular opposition has now In recent years, however, ordinary people have become exploded on several fronts: increasingly aware of their individual and collective rights. • For the past 15 years, Professor Ding Zilin has represented They have grown less tolerant of government oppression and the families of the victims of the Tiananmen Massacre, col- more sensitive to social injustice and suffering.The spirit of lecting eyewitness accounts and seeking justice for victims’ rebellion has grown stronger, and a spontaneous popular families by petitioning to clear the victims’ names, protest- movement for civil rights is gaining momentum. China’s social ing censorship and demanding political reform. structure has evolved to the point where might resides with • Falun Gong practitioners and underground Christians are the authorities and right with the ordinary people.Yet no mat- actively resisting religious persecution and demanding ter how much Party bosses espouse “Deng Xiaoping Theory,” freedom of religion and assembly.A disproportionately the “Three Represents” and the “New Three People’s Princi- large number of Christian evangelists have been arrested in ples,” the government departments in charge of CCP ideology comparison with democracy activists or dissidents. Fur- commit self-immolation in Tiananmen Square. inextreme or cases protesters may localgovernments, attack pushedbeyond thelimitsofendurance,nearly amonth.When citiesofLiaoyangeastern andDaqinginprotests that lasted some100,000workers tooktothestreets inthenorth- ago, thousands for years therecall ofsubstandardofficials.Three andsignpetitionsbytion from centralauthorities thetensof onthecapital peoplemarch toappealOrdinary for interven- ShanghaiandBeijing. asGuangdongProvince, oped areas such includingeconomically devel- butonly allacross China, daily, occurnot andotherdisadvantaged groups, cities andtowns, unemployed workers in laborers, rural ments by peasants, Massmove- bulk ofChina’s movement. civilrights current socio-economically disadvantaged that now the comprises anditisthespontaneousactivismof the tipoficeberg, they are only involvejust mentionedprimarily intellectuals, place inthelower theexamplesofcivilactivism classes.While • There is mounting popular concern for civil rights issues, for There ismountingpopularconcern civilrights • Private entrepreneurs are demandingmarket fairness and • There isconsistentevidence ofdissentwithintheCCP. • Intellectualsare insistingonfreedom ofexpression. • Li Peng completedhistenure assecond-ranking Party leader have comeonestepcloser toreestablishing But its legitimacy. theCCPregime would exposed andprosecuted for corruption, hadbeenretired severaland ability, years ago andhisfamily unable toforce seniorassociates certain off thegravy train. theChinesedictatorship are whorun theoligarchs tions, opera- anti-corruption transparency surrounding “black-box” of andthat there isacomplete lack high-ranking officials), ized toinvestigate among andprosecute casesofcorruption the CentralCommissionfor DisciplineInspection are author- (only thePoliticalprosecute corruption Bureau oftheCCPand hasnoindependenceto that thejudiciary tion campaigns, anti-corrup- are protected during those withspecialprivileges party, which canbetracedtoat leastthree scenarios: which party, withintheruling isaclearindication ofacrisis govern.This strengthening theParty’sand HuJintaoprioritized capacity to Commission, oftheCentralMilitary give upthe chairmanship JiangZeminwas forced to the CCPheldinSeptember2004, the Fourth Sessionofthe16thCentralCommittee Plenary clique.At withintheruling but alsoofacrisis for civil rights, not only amanifestation ofagrowing grassroots movement is “Stability at themacro level andunrest at themicro level” An ossifiedsystem But themostexplosivemovement civilrights isthat taking ofpatients andtheirchildren. tion oftherights paign for HIV/AIDSprevention andtreatment andprotec- and Gao Yaojie,Wan Yanhai andHuJia’s continuing cam- ong’s courageous theSARScrisis, outspokenness during as exemplified by theSunZhigangIncident, protection ofpropertyrights. moved thosewhohave seenit. andhave deeplyhave beenwidely circulated inChina, copiesof Yuanthermore, Zhiming’s documentary fL eg ihhsweul eiin mg,intelligence withhiswoefully deficient image, If LiPeng, 1. The situation worsening cannot becontained. corruption 5 r JiangYany-Dr. Given that The Cross simply feigned compliance. localofficials inHeilongjiangProvince, a violation ofrights issued three successive orderstodealwithacasethat involved whenPremier Wen For example, Jiabao individual officials. andorganizations and andlower higher levels, ments, effect betweening apolarizing thelocalandcentralgovern- allowing themtokeep abiggershare oftheprofits isproduc- society.The policyofdelegating power tolower levels and wealth hasquickly becometheultimate goalinChinese profit, decreasing at alllevels. willremain uncontained. corruption pendently oftheParty, box operations are eliminated andprosecutors work inde- andblack- Butunlessspecialprivileges clique. the entire ruling couldhave ifhandledimproperly, Peng’s imperiled downfall, Li Ltd. of illegalfundraisinginvolving XinGuoDaFutures Co., Li Xiaopenghasfaced noconsequencesfor hisrole inthecase andhisson record, in November 2002)witha “satisfactory” theSixteenthNationalhe retired Congress oftheCCP during oftheNational People’sand chairman Congress (from which of petitions to higher authorities are resolved.of petitionstohigherauthorities commissioned by thegovernment reveals that only 0.2percent petitionsare legitimate andreasonable.Yetsuch arecent report openly authorities acknowledge thaternment 80percentof andgov- flood ofpeoplepetitioningofficials at levels, various isaveritable isworth discussingingreater detail.There tion” while gradually increasing thecatalogue ofprovisions that of incitementtosubvert state power) should beeliminated, and allprovisions asthecrime (such that violate humanrights statutes andordinancesshouldbeenforced across theboard, existingprovisions inlegal guaranteeinghumanrights Third, thepoweradded totheconstitutionrestricting ofthe Party. aprovision should be Second, shouldbepromoted. rights andtheformation ofasystemfor recourse for human relaxed, the government monopoly over themediashouldbegradually administrative andjudicialremedies. eliminate and italtogetherandinstead focus onhumanrights fordemonstrate concern peopleat thebottomof societyisto thebestway to become almostcompletely dysfunctional, Given that thepetitioningsystemhas window-dressing. tioning systemultimately servesaslittlemore than thepeti- mous andthepower peopleisminute, ofordinary Butinanenvironment official power inwhich isenor- rights. Chinesepeoplehaveordinary for defending theirhuman petitioners from staging aperfectly legaldemonstration. gent ofpoliceofficers tothesquare on August 7toprevent the PSB’s FengtaiLianddeployed arrested branch alarge contin- Butthe toholdademonstration atlaw, Tiananmen Square. asrequired by applied Bureau, totheBeijingPublic Security 2004 onJuly 30, ledby LiXiaocheng, 20,000 petitioners, some For example, to stageing for permission demonstrations. atfor theBeijingPetitioners’Village long periods beganapply- resolve thesepetitionsthat peoplewhohadbeencampingout government hasbeenunable tosatisfactorily handleand 2. The mosttypicalmanifestation ofthis “intestinal obstruc- hr r eea tp ecntk oadteegas First, There are several stepswe can take toward thesegoals. The petitioningsystemisvirtually theonly legalrecourse Government orders are often ignored,and government effectiveness is Government ordersare oftenignored,and With reforms awakening interest inpersonal 6 7 It isbecausethe

ADDRESSING UNREST 41 CHINA RIGHTS FORUM NO. 1, 2005 guarantee rights. Fourth, government officials need to be held Democracy Wall calling for the “fifth modernization,” democ- accountable through enforceable legal provisions that guaran- racy,as well as freedom of speech and fundamental human tee human rights. Laws should be drafted to punish officials rights, and students began showing interest in participating in who abuse their power, fail to comply with laws or are negli- college and university elections. From 1986 to 1989, one stu- gent in enforcing them. Fifth, a constitutional court should be dent movement followed another, culminating in the student established within the People’s Congress that is independent of movement of 1989 that shook the world. the Party and the executive government. While more recent popular opposition has not reached the 3. Government officials and Party members have lost their trust in and loy- magnitude or global impact of the 1989 student movement, alty to the system. Lacking moral legitimacy,the regime has come there has been a steady stream of small-scale and scattered to rely exclusively on economic growth to maintain power and demonstrations by people standing up for their rights. Sponta- further personal interests.The Party is manned with officials at neous acts of resistance are becoming more frequent.The all levels who are intent on individual advancement and pro- indomitable spirit of the Tiananmen victims’families, the tecting their vested interests without any regard to morality or emergence of political movements of various stripes, the inter- justice.A pledge to “strengthen the capacity to govern” by a nationalization of Falun Gong’s campaign for religious free- leadership group that is lacking in political or ethical convic- dom, the intellectuals’ resistance against “literary inquisition,” tions is like spitting against the wind. and particularly the peasant and labor movements have all Unless Hu Jintao and Wen Jiabao can surpass Deng Xiaop- grown in intensity since the late 1990s, leading to the dawn of ing’s reforms in boldness and political wisdom, they will be as an era of large-scale popular resistance. plagued by crises as their predecessor Jiang Zemin was. If the It is common knowledge that political stability depends on regime gradually moves toward the rule of law,an expansion popular acknowledgement of the legitimacy of a government of civil rights and a reduction of official abuses, it will or political system. During the height of Maoist totalitarian- strengthen its capacity to govern. Otherwise, it will simply ism, China remained stable, not because of violent oppression tighten its stranglehold on public opinion and intensify the or systematic terror, but because the people were uninformed. exploitation of ordinary people. Current policies will increase The ignorance of the masses made ideological indoctrination official corruption and rapaciousness, as well as arbitrary particularly effective during the Maoist era; Mao Zedong administration and official malfeasance, which can only result attained a god-like status, and the regime was able to enjoy in even fiercer popular resistance. Poor government has already moral legitimacy. produced a grassroots civil rights movement that is staging While the recent growth of civic activism and popular daily acts of resistance on individual and collective levels all resistance has brought this legitimacy into serious question, over the country,including Tiananmen Square, the symbolic from the perspective of the growing number of citizens who heart of the government’s center of power. are initiating an organized defense of their rights, something meaningful and positive is happening in Chinese society. Popular pressure for political reform Growing prosperity,organized resistance among disadvan- taged groups, dissident activism, intellectuals’ calls for free- Facing an era of growing civil rights awareness dom of speech, political debate and activism on the Web, During the Maoist era, hundreds of millions of Chinese peas- efforts of traditional media toward freedom of the press, and ants endured ruthless exploitation and systematic discrimina- the emergence of countless moral heroes are providing a pow- tion; yet they obeyed the law and did not question their station erful impetus for peaceful criticism of the government and in life. Even a man-made famine did not provoke the Chinese non-violent demonstrations that are a necessary component of peasantry to rebellion. Rather than rise in protest, they pre- a healthy social order.A society that facilitates and guarantees ferred to flee from their villages or starve to death. In China’s such freedoms demonstrates its vitality and ability to maintain post-totalitarian era, the Chinese peasantry enjoys a higher fundamental social stability. standard of living and better treatment than ever before. In Western societies, for example, freedom of speech and Although peasants remain victims of bias, corruption and the frequent demonstrations do not produce social turmoil. Nor polarization of rich and poor, they have new opportunities for have demonstrations of hundreds of thousands of Chinese temporary work in urban areas and are much less likely to face people threatened the social stability of Hong Kong or Taiwan. mass starvation.This prompts the question: why did large-scale The Chinese government’s panic each time its citizens peasant uprisings occur during the last years of Mao’s rule, peacefully appeal for justice reveals its extreme selfishness and when there was essentially no starvation, rather than during the complete instability of Chinese society.Since the collapse the height of the Maoist period? Similarly,why has there been of Communist totalitarianism, human history has taken a clear a long series of riots and anti-government demonstrations in turn toward freedom and democracy.Individual freedom and the countryside during the reigns of Deng Xiaoping, Jiang individual rights have become the most respected values and Zemin and Hu Jintao? constitutional democracy has become the most respected of During the final years of Mao’s rule, China witnessed popu- political systems. Likewise, Chinese people at all levels of soci- lar movements against the Cultural Revolution and the Gang of ety are demanding an end to corruption, discrimination, per- Four, and even the anti-Maoist April Fifth Movement of 1976. secution and poverty,and are fighting for justice, civil rights, In the late 1970s, Chinese citizens posted essays at Beijing’s freedom and democracy. quell popularresentment andavoid anall-outcrisis. Only thenwilltheregime beable to remedies. human rights andgradually establish aneffective systemof ment officials, andrestrain theabuseantee civilrights ofpower by govern- guar- contains thenoxious side-effects ofeconomicreforms, advance oflaw, politicalreformunder therule inaway that intopeacefulpoliticalexpressionand politicalparticipation popularenthusiasmfor civilrights channel grassroots politics, should asamatter apoliticalarena ofurgency for construct theChineseCommunist regime For thisreason, government. for politicalreformstruggle willculminate inaconstitutional the Falun Gongprovoke moralcondemnation international downs asthe such Tiananmen Massacre andthesuppression of economy on Western markets also ensure that majorcrack- systemandthegrowingnist totalitarian dependencyofChina’s thecollapse oftheChineseCommu- movements.What’s more, fast-growingof crushing andreligious grassroots civilrights theregime cannotafford topayofficial ideology, thehighcost andwheneven Party membersdon’t believe inthe their rights, citizenswhoarethe handsofordinary increasingly aware of at atimewhensocialresources are flowing into other words, In helps toprotect itfrom effective control by theregime. scattered nature ofpopularactivisminfactrepression.The ever more costly for theregime tostay inpower out andcarry itsgrowth ismakingit from implementingareign ofterror, weak China’s tochange orderortostoptheregime dictatorial Butwhilepopularactivismremains too society movement. go before developing intoanindependentandorganized civil andmenditsways.”“realize itserrors sciousness hasemerged from many decadesofdeceptionto popularcon- Inspiteofoutdated official ideology, the future. plenty ofreason for optimismregarding China’s freedom in Butthesurgeactivismgives ofcivilrights China’s future. ate politicalreform inspires asenseofhopelessness regarding or coercioncanextinguish. noamountofforce which aspiration shared by allofsociety, andthrough examplemay gradually becomean neous action, itcan leadtosponta- the yearningfor freedom isawakened, Once human nature andmagnified by individualexperience. but are rooted in ual’s culturalorintellectualbackground, from theoretical arguments for freedom orfrom anindivid- politicalstability.term fail but which toensure long- and interests are threatened, that respondappeals toopportunistic by peoplewhoserights negative pressure willonly stimulate reforms positive pressure, able toexert sufficient sufficient positive pressure.Without inmainlandChinaonly citizensarepolitical change ifordinary pressure force intoaconstructive willbetransformed for is exerting negative negative pressure onpoliticalreform.This that underscores thereality ofasocialcrisis at themicro level” situation of The current “stability at themacro level andunrest willpayThe dictatorship thepriceforcivilrights liaey popularoppositiontodictatorship andthe Ultimately, oehls,popularactivisminChinahasalongway to Nonetheless, The ChineseCommunist regime’s refusal stubborn toiniti- Pursuit offreedom andaversion tocoerciondonotstem the Administrative LicensingLaw; ofrestraint onexecutive from acompletelack power to dents; entire socialclassestocovert persecutionofindividualdissi- from of thebrazen extermination establishment oflaw; ofrule violation oflaws humananddivinetovocal demandsfor the from thewholesale rights; a constitutionalrecognition ofsuch to from acomplete denial ofhumanrights of private property; no recognition ofprivate propertytoconstitutionalprotection from economy andacomparatively goodstandardofliving; from astate rationing systemtoamarket ions andvalues; from absolute toapluralityofopin- unanimityanduniformity offreedom toamodestexpansionoffreedom;a completelack from inChina: reforms haschanged andoverall Much strategy. nist regime hasbeenforced todemonstrate adjustmentstoits theChineseCommu- and mainstream opinion, international willleadtocollapse.ence intheerror andpersist- bothdomestically andinternationally, too costly, grow tothepointwhere willsimply areign ofterror become ular resistance andmainstream opinionwill international pop- adheres obstinately toitsmisguidedpolicyofrepression, Iftheregime petitions. floodofsuch put astoptotherising but itcannot can stopmany citizensfrom ordinary petitioning, It allChristians. less todestroy andarrest allhousechurches but itispower- agreat andarrest manychurches evangelists, Itcandestroy many house intosilence. idate alljournalists norcanitintim- suspicionsaboutlic from harboring thiscase, (Nanfangdu Shibao)case, the asitdidduring dom ofthepress, upchargestosuppress thefree- Itcantrump on theInternet. smother allpoliticaldebate andcallsfor civilandhumanrights but itisunable to tor andcontrol discussionsontheInternet, shutdown Webbased politicalcommentators, sitesandmoni- afew Itcanarrest Web-indefinite numberpeople. ofsuch Jiang three oran but uptwo, itcannotaffordYanyong, tolock regime. sourceofvexationand sanctionsthat remain aserious tothe between thegovernment and thecitizenry. within thesystemandwillgenerate positive engagement momentum constitutesthemost effective pressure for change become anorganized andpowerful popular civicforce.This they willgradually andperseverefirm intheirdemands, IfChinesecitizensstand the government but inthepeople. inChinaresides thebesthopefor notin change and freedom, whohave paiddearly for it. people, ithasallbeenfought for by common enlightened rulers; has beengraciously bestowed thegovernment by theParty, or Noneofthisprogress auditing ofcompaniesandindividuals. operations tosystematic anti-corruption from “black-box” issue andcallingonallofsocietytojoinin AIDS prevention; secuting activiststoopenly recognizing AIDS asapublic health news from censoring about AIDS andper- taxes andfees; rural by offraudulentmeans toaneventual allsorts abolition of thelife-blood from sucking ofthepeasantry discrimination; nation against toastep-by-step thepeasantry abolition ofthis Under thecombinedpressure ofpopulardomesticactivism The ChineseCommunist regime upone canafford tolock In thistimeofgrowing popularawareness ofhumanrights 8 but itcannotstopthegeneralpub- 9 from systematic discrimi- Southern MetropolisNews Southern

ADDRESSING UNREST 43 CHINA RIGHTS FORUM NO. 1, 2005 Human rights breakthroughs This is an edited version of an article originally published on In recent years, grassroots human rights activism has demon- the Web site of China Monthly (Minzhu Zhonguo): http://www. strated that whenever a breakthrough is achieved, it is mainly chinamz.org/136issue/136gbdl1.html. because individuals have fought for freedom of the press, free- dom of speech and the right to find out the truth. It’s fair to say TRANSLATOR’S AND EDITOR’S NOTES: that an effective system of human rights remedies depends on 1. Articles by these professionals have been translated and published in a combination of free speech remedies, administrative reme- China Rights Forum, No.3 and No.4, 2004. dies and judicial remedies. None is dispensable, but of the 2. For more information on this incident, see He Qinglian’s article, “The three freedoms, that of speech and press are the most valuable. Hanyuan Incident: Draining the Pond to Catch the Fish,” elsewhere in Whenever the media expose a human rights violation, there is this issue of CRF. 3. On October 18, 2004, a man named Zeng who claimed to be an offi- a good chance that the victim will obtain administrative or cial beat up a street porter who had bumped into his wife in Wanzhou judicial relief. But victims whose cases are kept under wraps District, Chongqing City.As word spread that the police were covering seldom obtain justice. Strengthening human rights watchdogs up for an official assaulting a citizen, a full-scale riot developed involv- and providing better relief to victims of human rights abuses ing more than 10,000 people. are also essential in establishing an effective human rights pro- 4. Ding Zilin heads up the Tiananmen Mothers, a group of people seeking tection system. Freedom of speech and of the press not only lie justice and accountability on behalf of those killed by the government’s at the very heart of individual liberty and dignity,but are violent crackdown in June 1989. Bao Tong, formerly personal secretary essential instruments for monitoring the government, protect- to purged Party General Secretary Zhao Ziyang, has been vocal in call- ing human rights and providing an outlet for public opinion. ing for Zhao’s release from house arrest, and for accountability over the Public opinion on the Internet, which is difficult to censor, 1989 crackdown. Jiang Yanyong, an army surgeon, exposed the SARS and exposés by some of the more liberal newspapers and mag- scandal and has also pressed within the government for accountability over the 1989 crackdown. Gao Yaojie, a doctor, has pressed for the azines have been particularly successful in drawing attention rights of people infected with HIV/AIDS. inside and outside China to human rights cases, and some- 5. Sun Zhigang, a graduate detained for inadequate documentation while times even in obtaining relief for victims.This is a typical in Guangzhou, was beaten to death while in custody in March 2003. sequence of events: a newspaper exposes a human rights His death led to a public outcry that ultimately brought about the abo- abuse; public opinion is alerted to the case; the government lition of the Custody & Repatriation system. starts to pay attention; public opinion grows increasingly 6. Asia Times reported on July 28, 2004: “In Jixi City in northeastern incensed; a high official instructs his subordinates; the local China’s Heilongjiang Province, the government failed to make due pay- authority or court steps in and settles the problem. ment of tens of millions of yuan to contractors, who in turn, stalled pay- Without pressure from public opinion on the Internet and ments to migrant workers for years. In early 2004, the case received in the foreign media, it is hard to imagine that Hu Jintao and attention from Premier Wen Jiabao who ordered officials to promptly Wen Jiabao would have taken concrete steps to resolve the address the problem. Nonetheless, local officials later defied the order and submitted a fabricated report to higher authorities, sources said.” clashes between the government and the citizens of Hanyuan. 7. See “Guonei shoufen xinfang baogao huo gaoceng zhongshi” (First Compared with the Maoist era and the period up to the report on appeals to higher authorities in China gets high-level atten- mid-1990s, human rights cases such as those mentioned tion), Nanfang Zhoumo (Southern Weekend),April 11, 2004. above are being handled relatively well. Public opinion is hav- 8. On March 19, 2004, Cheng Yizhong, editor-in-chief of Nanfang Dushi Bao ing a growing impact on government responsiveness, but (Southern Metropolis Daily), was arrested without charge by Guang- China is still far from having a formal system for the protection dong Province public security agents while he was visiting Sichuan and redress of human rights. Calls for the protection of human Province. On the same day,the Dongshan District Court in Guangzhou rights remain spontaneous, scattered and outside the system, sentenced deputy editor-in-chief and general manager Yu Huafeng and and the regime can arbitrarily rule that such calls are illegal. former editor Li Minying to 12 and 11 years respectively on trumped- Only when China becomes a society with an independent up charges of “corruption” and “embezzlement of public funds.”The press and freedom of speech will a stable civil society frame- arrests were linked to a series of hard-hitting newspaper stories on SARS and the death in custody of Sun Zhigang. work for public opinion be possible.To broaden human rights 9. According to Premier Wen Jiabao, the Administrative Licensing Law, protection and relief beyond a few isolated cases, mechanisms which took effect on July 1, 2004, aims to restrict government power, must be established to guard against human rights abuses increase the transparency of the administrative approval procedures before they occur.There must be standardized penalties for and reduce the cost of administration. See http://www.china.org.cn/ those who commit human rights abuses, and provisions to english/government/99821.htm compensate their victims. Once this is achieved, news media and individual citizens will be able to enjoy fundamental rights, and judicial and administrative departments will have to assume their legal responsibility to protect these rights. For that reason, the primary goal of the civil rights move- ment in mainland China should be to promote freedom of speech and of the press.

Translated by Paul Frank