Constitutional Mobilization
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Culture Matters
CRF-2008-04r-080-098.qxd:HRIC-Report 1/14/09 2:57 PM Page 82 CULTURE MATTERS A Parable of Talent Gone to Waste BY THOMAS E. KELLOGG Philip P. Pan’s Out of Mao’s Shadow is poor peasant from rural Shandong Out of Mao’s Shadow: a parable of talent gone to waste . Pan province. After winning a widely-pub - The Struggle for the Soul introduces us to Cheng Yizhong, who licized case securing free access to the of a New China created China’s first fully marketized Beijing subway for handicapped per - By Philip P. Pan newspaper, the Southern Metropolitan sons, Chen was besieged with requests Simon & Schuster Daily , in 1997 . The newspaper, which for help from local villagers on any November 2008 brought Chinese readers hard-hitting, number of egregious injustices . Ignor - 368 pages, $28.00 high-quality news reporting and ing advice from friends impressed by innovative feature sections on every - his courage but fearing for his safety, thing from cars to real estate, was an Chen took on several cases certain to instant hit. It turned its first profit in rankle the authorities. In the nearby 1999 and soon became a widely-emu - city of Linyi, Chen challenged local lated model for media entrepreneurs officials to end their abusive enforce - nationwide. ment of the one-child policy . It proved to be a costly decision. Yet Cheng’s success was not enough to insulate him from serious trouble. In For his efforts on behalf of the poor early 2003 , Cheng found himself run - and the dispossessed in his home ning afoul of local authorities over his county, Chen was arrested on the paper’s coverage of the government’s streets of Beijing in September 2005 . -
Title: the Emerge of Constitutional Government in Vietnam Author: Pham Duy Nghia
Title: The Emerge of Constitutional Government in Vietnam Author: Pham Duy Nghia This paper has been submitted to the conference ‘Vietnam: political and economic challenges and opportunities’ at the Australian National University on 3 October 2019 This is a preliminary version. It is not for quoting or citations. Do not remove this note. The Emerge of Constitutional Government in Vietnam Pham Duy Nghia* “In order to institutionalize the Party program to build Socialism, we the people of Vietnam, make this Constitution”. Preamble 2013 Constitution of Vietnam I. Introductory Overview Long synonymous as war, since 1986 transformed from one of the poorest countries into a low middle-income country, Vietnam is now one of the most dynamic emerging countries in the world1. With 95 million population, reaching the development level compatible to the Philippines or Egypt2, Vietnam is home for millions of private business and an attractive destination for foreign direct investment. The life of million Vietnamese was improved, poverty significantly reduced, by 2035 more than half of Vietnamese population are projected to join ranks of global middle class with consumption of $15 a day or more3. Aggressively integrated into the global economy, Vietnam is party of dozen free trade agreements, including Vietnam-EU, Vietnam-Japan, and CP- TPP4. In regard of trade openness, Vietnam ranks globally the fifth among the most open economies in the world, just following Luxembourg, Hongkong, Singapore, and Ireland5, with total trade more than double the size of its GDP. In contrast to rapid changes in dismantling the command economy and embracing market reforms, the political system undergone less visible evolution. -
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. -
Annual Report on the Situation of Human Rights Defenders in China (2009) April 26, 2010
Annual Report on the Situation of Human Rights Defenders in China (2009) April 26, 2010 维权网 Chinese Human Rights Defenders (CHRD) 中文 Web: www.chrdnet.org (English) and www.crd-net.org ( ) Email: [email protected] Promoting human rights and empowering grassroots activis m in China Embargoed for release on April 26, 2010 at 1am Beijing time Annual Report on the Situation of Human Rights Defenders in China (2009) Executive Summary During 2009, the environment in China grew increasingly hostile towards human rights defenders. Highlighted by the harassment of a number of well-known, relatively independent nongovernmental organizations (NGOs) focusing on human rights, and the closure of one—the Open Constitution Initiative (Gongmeng)—the already limited space for civil society was restricted even further in 2009. Human rights lawyers, an important force in the rights defense ( weiquan ) movement, were put under unprecedented pressure by the authorities, and CHRD documented eight lawyers who were unable to renew their licenses to practice law. While the government paid lip service to human rights abroad and at home, by taking part in the UN Human Rights Council’s Universal Periodic Review and issuing its first National Human Rights Action Plan, it continued to detain, harass, and intimidate human rights defenders across the country. This report uses the UN Declaration on Human Rights Defenders as a framework for assessing the Chinese government’s actions during the past year, and finds that the government has fallen woefully short of its obligations as outlined by that document. The government was particularly active in its efforts to disrupt the work of human rights defenders in the past year. -
Assessing the Marriage and Family Law of Vietnam
Walsh: The Law of the Family in Vietnam: Assessing the Marriage and Fami THE LAW OF THE FAMILY IN VIETNAM: ASSESSING THE MARRIAGE AND FAMILY LAW OF VIETNAM THOMAS J. WALSH * "To put the world in order, we must first put the nation in order; to put the nation in order, we must put the family in order; to put the family in order, we must cultivate our personal life; and to cultivate our personal life, we must first set our hearts right." Confucius' I. INTRODUCTION It is a virtual truism of human history that in war the biggest victims are the weakest segments of society-the children, the widows, the elderly. The war waged between the Vietnamese and the French, and subsequently between the Vietnamese and the Americans, lasted for thirty years. 2 It started as a struggle of colonialists versus * Thomas J. Walsh is a partner in the law firm of Walsh & Walsh, S.C., in DePere, Wisconsin, receiving his B.A. from Marquette University and his J.D. from Hamline University School of Law. He specializes in the area of family law. This article is dedicated to the men and women of the Gregg Herman Delegation to Vietnam and Cambodia sponsored by People to People (October 2010). Your input and contribution to the delegation has provided insight for this article. 1. This quotation is widely attributed to Confucius. See, e.g., Dennis Merritt Jones, Set Yourself Free: The Weight of Hate Is Too Big a Burden, Huffington Post (Aug. 22, 2011, 9:36 AM), http://www.huffingtonpost.com/dennis-merritt- jones/fear-into-hate b_930965.html. -
China Media Bulletin
Issue No. 119: May 2017 CHINA MEDIA BULLETIN Headlines FEATURE | Preparing for China’s next internet crackdown P1 BROADCAST / NEW MEDIA | In lawyers crackdown, authorities punish online speech, foreign media contacts P4 NEW MEDIA | New rules tighten control over online news P5 NEW MEDIA | Netizen conversations: Student death, anticorruption show, Great Firewall game P6 HONG KONG | Pressure on dissent increases amid press freedom decline P7 BEYOND CHINA | Confucius Institutes, Netflix market entry, China’s global media influence P8 NEW! FEATURED PRISONER | Zhang Haitao P10 WHAT TO WATCH FOR P10 NEW! TAKE ACTION P11 PHOTO OF THE MONTH A staged fight against corruption In the Name of the People, a new anticorruption drama on Hunan TV that was funded by the Supreme People’s Procuratorate, debuted on March 28. Cartoonist Rebel Pepper offers a skeptical take on the popular series, depicting it as a puppet show controlled by President Xi Jinping. Xi has overseen selective, politically fraught corruption probes against high-level officials, or “tigers.” The cartoonist writes, “If Xi Jinping hadn’t given his per- sonal approval, how could this show receive such high-profile publicity?” On April 20, the British group Index on Censorship announced that Rebel Pepper had received its 2017 Freedom of Expression Arts Fellow award. Credit: China Digital Times Visit http://freedomhou.se/cmb_signup or email [email protected] to subscribe or submit items. CHINA MEDIA BULLETIN: MAY 2017 FEATURE Preparing for China’s next internet crackdown By Sarah Cook China’s new Cybersecurity Law takes effect on June 1. Together with regulations issued Senior Research over the past month by the Cyber Administration of China (CAC)—including on news Analyst for East reporting and commentary—the new legal landscape threatens to tighten what is al- Asia at Freedom ready one of the world’s most restrictive online environments. -
Pro Bono Practices and Opportunities in Vietnam1
Pro Bono Practices and Opportunities in Vietnam1 INTRODUCTION The Socialist Republic of Vietnam (“Vietnam”) is a socialist country under the leadership of the Communist Party.2 Since 1986 and the launch of the Doi Moi (Open Door) policy, Vietnam has implemented certain economic and political reforms that have helped it in its path towards greater international integration, including advancements in the legal sphere.3 When compared to the culture of pro bono work of other countries like the United States or the United Kingdom, Vietnam’s pro bono culture is still very much in its infancy. However, important legal developments have taken place which will hopefully pave the way for greater development of the practices of both legal aid and pro bono. OVERVIEW OF LEGAL SYSTEM The Justice System Constitution and Governing Laws The current constitution of Vietnam was adopted in 2013 and is the fifth constitution adopted by the Vietnamese National Assembly since Vietnam became independent in 1945. As the document with the highest legal authority, “it sets out the structure of the legal and political system, such as the relationship between the governing institutions, as well as the relationship between the institutions and the people.”4 The National Assembly is the highest authority responsible for lawmaking activities and is also the country’s representative and legislative body.5 The Government is the executive body of the National Assembly and the highest administrative body of the State.6 At a local level, the People’s Committees act as the executive arm of the provincial government.7 The Courts Levels, Relevant Types & Locations Under the Vietnamese judicial system, there are the People’s Courts and organizations for economic arbitration.8 The People’s Courts are made up of the Supreme People’s Court, the Superior People’s Courts, the Provincial Courts, the District Courts and the Military Courts. -
The Legacy of Tiananmen: 20 Years of Oppression, Activism and Hope Chrd
THE LEGACY OF TIANANMEN: 20 YEARS OF OPPRESSION, ACTIVISM AND HOPE CHRD Chinese Human Rights Defenders (CHRD) Web: Hhttp://crd-net.org/H Email: [email protected] THE LEGACY OF TIANANMEN: 20 YEARS OF OPPRESSION, ACTIVISM AND HOPE Chinese Human Rights Defenders June 1, 2009 Twenty years since the Tiananmen massacre, the Chinese government refuses to accept responsibility, much less apologize or offer compensation, for killing, injuring, imprisoning and persecuting individuals for participating in peaceful protests. The number of the victims, and their names and identities, remain unknown. Families continue to be barred from publicly commemorating and seeking accountability for the death of their loved ones. Activists are persecuted and harassed for independently investigating the crackdown or for calling for a rectification of the government’s verdict on the pro‐democracy movement. Many individuals continue to suffer the consequences of participating in the pro‐democracy movement today. At least eight individuals remain imprisoned in Beijing following unfair trials in which they were convicted of committing “violent crimes”. Those who were released after long sentences have had difficulty re‐integrating into society as they suffer from continued police harassment as well as illnesses and injuries resulting from torture, beatings and mistreatment while in prison. Many of those injured have had to pay for their own medical expenses and continue to struggle as the physical and psychological scars leave them unable to take care of themselves or to work. Some who took part in the protests still find it difficult to make ends meet after they were dismissed from comfortable jobs or expelled from universities after 1989. -
A Study of Judges' and Lawyers' Blogs In
Copyright © 2011 by the President and Fellows of Harvard College. 2011 / Exercising Freedom of Speech behind the Great Firewall 251 reminding both of them of the significance of law, the legal and political boundaries set by the authorities are being pushed, challenged, and renegotiated. Drawing on existing literature on boundary contention and the Chinese cultural norm of fencun (decorum), this study highlights the paradox of how one has to fight within boundaries so as to expand the contours of the latter for one’s ultimate freedom. Judging from the content of the collected postings, one finds that, in various degrees, critical voices can be tolerated. What emerges is a responsive and engaging form of justice which endeavors to address grievances in society, and to resolve them in unique ways both online and offline. I. INTRODUCTION The Internet is a fascinating terrain. Much literature has been devoted to depicting its liberating democratic power in fostering active citizenry, and arguably, an equal number of articles have been written that describe attempts by various states to exercise control.1 China has provided a ready example to illustrate this tension. 2 And this study focuses on the blog postings by judges and public interest lawyers in order to understand better how the legal elites in China have deployed routine and regular legal discussion in the virtual world to form their own unique public sphere, not only as an assertion for their own autonomy but also as a subtle yet powerful form of contention against the legal and political boundaries in an authoritarian state. Chinese authorities are notorious for their determination to stamp out dissenting voices both online and offline. -
Development of Property Law in Cambodia, Vietnam and China What Is Behind the Legal Reforms in Transition to a Market Economy?
2010 DEVELOPMENT OF PROPERTY LAW IN HARVARD-YENCHING CAMBODIA, VIETNAM AND CHINA: INSTITUTE WORKING WHAT IS BEHIND THE LEGAL REFORMS IN PAPER SERIES TRANSITION TO A MARKET ECONOMY? Kuong Teilee | Nagoya University Draft paper for discussions – not for citation or quotation without approval Teilee Kuong Draft of July 19, 2010 Development of Property Law in Cambodia, Vietnam and China What is behind the legal reforms in transition to a market economy? Abstract This research reviews how constitutional, legal or political reforms in Cambodia, Vietnam and China throughout the last three decades have resulted in some recent conceptual changes in ownership protection and the system of (land) property management in these countries. The focus is on how the countries embarked on their respective approaches toward balancing and rebalancing the roles of the State, collectives (or communities) and autonomous private players in dealing with the question of ownership and marketization. The findings show that, despite a common rhetoric of marketization, the approaches have in fact led to the emergence of three distinctive models in the three evolving political and social contexts. Introduction When the socialist or former socialist countries publicly proclaimed that they would open up the economy and introduce the rules of market into their economic legal system, they might have expected that at a certain juncture down the road they would have to re-introduce some institutions which they tried so hard to discard at the earlier stage of the revolutionary struggles against capitalist way of life. In the subsequent legal and economic reforms, different experiments took place, some being more promising others less. -
1992 CONSTITUTION of the SOCIALIST REPUBLIC of VIETNAM (As Amended 25 December 2001)1
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness 1992 CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM 1 (As Amended 25 December 2001) Preamble Through the millennia of their history the Vietnamese people have worked hard and creatively and fought valiantly to build and safeguard their country, in the course of which the nation's tradition of unity, humanity and of staunch and indomitable struggle has been forged and its cultural heritage built and nurtured. Since 1930, under the leadership of the Communist Party of Vietnam founded and forged by President Ho Chi Minh, our people have undertaken a protracted and arduous revolutionary struggle that led to the successful August Revolution and the foundation of the Democratic Republic of Vietnam on 2nd September 1945. Over the decades that followed, our multi-ethnic nation fought continuously and, with the precious assistance of friends across the world, especially of the socialist and neighbouring countries, achieved glorious victories, especially in the historic Dien Bien Phu and Ho Chi Minh campaigns, defeating the two colonialist and imperialist wars of aggression, liberating and reunifying their homeland, and completing the people's national democratic revolution. On July 2nd, 1976 the National Assembly of reunified Vietnam decided to change the name of the country to the Socialist Republic of Vietnam; the whole country entered the period of transition to socialism, of resolute endeavour to build up the country, staunch defence of the homeland as well as discharge of international obligations. Through successive periods of war of resistance and nation-building, Vietnam has adopted the 1946 Constitution, the 1959 Constitution and the 1980 Constitution. -
Part II: Cambodia and Vietnam Inception Report
This is a public document. The views expressed here reflect those of the author(s) and not that of official DFID policy. Understanding pro-poor political change: the policy process Contract No. CNTR 02 4039 Part II: Cambodia and Vietnam Inception report This is a public document. The views expressed here reflect those of the author(s) and not that of official DFID policy. Contents 1. INTRODUCTION 1 2. THEORETICAL FRAMEWORK 2 POLITICS AND DEVELOPMENT STUDIES 2 POLITICAL TRADITIONS 2 POLITICAL REGIMES 4 POLITICAL INSTITUTIONS 6 THE POLICY PROCESS 7 RELATING THE POLITICAL SYSTEM TO THE POLICY PROCESS 10 3. APPROACH AND METHODOLOGY 11 FOCUS OF ANALYSIS: POLITICAL SYSTEM – SECTOR - POLICY ISSUE - POLICY DECISION 11 LEVEL 1: THE POLITICAL SYSTEM AND THE NATURE OF STATE-SOCIETY RELATIONS 11 LEVEL 2: THE INSTITUTIONS AND POLICY PROCESSES OF THE THREE CASE-STUDY SECTORS. 11 LEVEL 3: POLICY ISSUES FROM WITHIN THE THREE SECTORS 13 LEVEL 4: POLICY DECISIONS 13 FOCUS ON THE POLICY ISSUE LEVEL 13 DEFINING THE SUBJECT MATTER: WHAT IS PRO-POOR POLICY? 15 RESEARCH QUESTIONS 18 WHO MAKES POLICY? 18 HOW DO POLICY-MAKERS PERCEIVE THE POOR? 18 HOW IS POLICY MADE IN THE COUNTRIES AND SECTORS IN QUESTION? 19 APPROACH TO SUB-NATIONAL LEVELS OF THE POLITICAL / POLICY SYSTEM: ANALYTICAL AND LOGISTICAL CONSIDERATIONS 20 4. OUTPUTS 22 IN-COUNTRY WORKSHOP TOWARDS END OF FIELDWORK 22 LAYOUT AND STRUCTURE OF THE COUNTRY REPORTS 23 SECTORAL CF THEMATIC PRESENTATION OF FINDINGS 23 POLICY SYSTEM CF POOR AS LENS FOR THE PRESENTATION OF FINDINGS 24 5. BIBLIOGRAPHY 26 GENERAL 26 CAMBODIA 28 VIETNAM 31 This is a public document.