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 2013》 目 次 Foreword..................................................................................................... i Preface........................................................................................................ 1 Social Rights............................................................................................. 27 Political Rights.......................................................................................... 63 Judicial Rights........................................................................................... 101 Economic and Environmental Rights...................................................... 155 Educational and Cultural Rights.............................................................. 229 The Human Rights of Taiwanese Businesspeople in Mainland China.... 263 Foreword i Foreword The Taiwan Foundation for Democracy has been compiling this annual China Human Rights Report since 2004. In the past decade, everyone involved – from scholars, authors, board members to the staff of the Foundation – has been committed to publishing an accurate, fair and authoritative report year after year. Moreover, we have aspired to produce an insightful and balanced account to help the world better understand China, and consequently support China in its effort to improve human rights status for the vase population. Here I proudly and humbly present to you the 2013 China Human Rights Report for your perusal. As in previous years, we have endeavored to portray a well-rounded picture about human rights in China from six perspectives: political, social, judicial, economic and environment, educational and cultural as well as viewpoints of Taiwanese-operated businesses in China. Most of the contributing scholars touch upon religion, livelihood and living condition, rural areas, freedom of the press, ethnic minorities, web censorship, corruption, re-education through labor, and self-determination. Some of them start with various sets of values to probe the idea of human rights in the context of freedom versus the rule of law, or individual's rights against that of groups. Discussions in this report cover a wide range of issues with depth, offering rich fodder for further discourse and contemplation. This 2013 edition stands in stark contrast with that of previous years in that this current volume expounds on the essence of refl ective observation, rather than harsh criticism, of what have happened in China. This adjustment in perspectives resulted from lively deliberation among contributing scholars who subsequently decided to present their observations in the analytical light of Eastern, Western, © 2013 by Taiwan Foundation for Democracy ii China Human Rights Report 2013 Chinese and Taiwanese viewpoints, and the evolution history of relevant rights. They also explain exactly what criteria are used for the observation. The chapter on political rights talks about Nobel Peace Prize laureate Liu Xiaobo and the Charter 08, also looks into the New Citizens Movement, people's rights to participate in politics, Chinese government's endeavor for information transparency, and President Xi Jinping's earnest anti-corruption campaign. The international community in general welcomes China's termination of labor re- education programs. This chapter ends with a positive note that the world may and should give China some time and space to develop its brand of political rights internally; yet, such a latitude should not be an excuse for China to put off its reform efforts. Such rational and balanced views well refl ect this Foundation's unswerving position: not subscribing to the doctrines of any political camp, nor showing any tone of inferiority or superiority when talking about China. Just strive to be fair. In the chapter on judicial rights, China's reform efforts are described in terms of law enforcement, prosecutor investigation, judicial independence, fair trial, information transparency, and legal aid. Lawyers' job security is also touched upon. Major events of human rights activism are cited. This chapter's author shows his appreciation of significant revisions in China's criminal procedure law, detention processes and compulsory measures. He also welcomes China's attempt to seek judiciary's fi nancial and operational independence from existing interference by the party and administrative hierarchy. In the conclusion, the author quoted from a State Council report --“ we have a long way to go to upgrade human rights protection in China; the task is still daunting＂ -- indicating Chinese leadership is aware that there are rooms for improvement. The social rights chapter covers labor safety, job outsourcing, medical care, old-age care, children's rights, food safety, land grab and forced relocation ……, all of them demand urgent attention. In fact, such issues are found in © 2013 by Taiwan Foundation for Democracy Foreword iii every modern society, and attempts to resolve them always run into quandary. Taiwan is no exception. With China's huge population and vast territory, there are plenty of rooms for higher level of sophistication in various aspects of social rights. Beijing authorities, apparently aware of the gravity of the problem, are proactively taking reform measures. The author concludes with a positive note that Chinese people's social rights status continues to improve. Regarding economic and environmental rights, the relevant chapter enumerates issues and fundamental strategies involving economic rights, followed by their environmental counterparts. Numerous problems are being explored and dealt with: consumer-price inflation, urban-rural disparity, real estate speculation, a myriad of pollutions, and hazardous smog that have grabbed media headlines recently. After listing relevant challenges and prospects, the author points in the direction of resolution: desperate needs for a comprehensive cross-agency functional integration, multi-faceted measures, public awareness and participation, and enhanced regulatory controls through legislation. Overall speaking, massive efforts are called for. As to the human rights issues of Taiwanese businesses in China, it has been a long-term concern for Taiwanese government and people alike. The worry stems from the fact of separate sovereignty across the Taiwan straits -- Taiwanese authorities are unable to help resolve Taiwanese grievances in China, such as disputes concerning businesses, workers, partners, contractual obligations, ownership and executive power; land acquisition and compensation, protection of intellectual property rights and personal safety and so on. Such issues are highly crucial yet unique to Taiwanese businesses. The author presents a macroscopic view with real examples to demonstrate specific, microscopic solutions from the viewpoints of law, industrial regulatory frameworks or business practices to ensure more comprehensive, sensible and legal protection for Taiwanese businesses in China. © 2013 by Taiwan Foundation for Democracy iv China Human Rights Report 2013 Our Foundation has published this annual China Human Rights Report to highlight our continued pursuit of human dignity protection, in China or elsewhere, with conscientious and impartial observations contributed by the authors who do not overstate nor avert the problems. Our position is that, no one country has an entirely perfect human rights record but all should strive for the better. We hope to offer some positive impetus to China's human rights situations with the release of this report. We also endeavor to set long-terms goals, such as formulating human rights indicators for historical (longitudinal) analysis of improvement with time in pre-defined areas, also to avoid duplication. Based on the extensive observation year after year, we hope to make more specific recommendations in the future. Teh-Fu Huang President Taiwan Foundation for Democracy May 01,2014 © 2013 by Taiwan Foundation for Democracy Preface 1 Preface Ming Lee* I. Introduction: China is still ruled by the Party, not the law The 18th National Congress of the Communist Party of China (NCCPC) was held on November 11, 2012, shortly before entering the year of 2013. The meeting denoted the conclusion on former president's Hu Jintao's performance in the previous fi ve years, set the forward-looking tone for the incoming regime of Xi Jinping and Li Keqiang, and promulgated a number of specific policies and strategic directions. The huge gathering carried a strong symbolic meaning of political