News Update Ences Once a Month, and Prohibiting the Sion Will Be Submitted to the UNCHR During Practice of Refusing Comment to Reporters

News Update ences once a month, and prohibiting the sion will be submitted to the UNCHR during practice of refusing comment to reporters. its 61st session in 2005. Mid-November 2003– (AP) In addition to censuring governments Mid-February 2004 Two unprecedented amendments to for human rights abuses, the UNCHR also China’s constitution were set for passage awarded individuals and groups for their when the National People’s Congress (NPC) human rights work in a ceremony on COMPILED BY ADINA MATISOFF convenes on March 5. The first, a law Human Rights Day on December 10. One of enshrining private property rights, was the six winners was Deng Pufang, the son approved in late December by the NPC’s of the late Chinese leader Deng Xiaoping, PARTY REFORMS Standing Committee. It was speculated who founded the China Disabled Persons AND LEGAL LANDMARKS that a second amendment to the effect that Federation after he was paralyzed by a The Chinese leadership continued to imple- “the state respects and protects human spinal injury. The younger Deng was hon- ment discreet reforms to the Party, legal rights” is to be added to the preamble of ored for his advocacy for disabled people in system, constitution and democratization the constitution. The mention of respect for China and around the world. process in an apparent effort to foster an human rights would be a landmark in con- image of greater responsiveness to public stitutional reform, but the vagueness of the discontent. State media reported fre- proposed wording has raised concerns over PETITIONS TO THE quently on Premier Wen Jiabao’s surprise effective implementation. (AP,KH) CENTRAL GOVERNMENT visits to rural villages to listen to peasant In local democratic development, inde- Activists and others concerned with human grievances and present himself as a “man pendent candidates took part in elections rights inside and outside of China submit- of the people.” Labor experts, however, held in Beijing in December for local District ted a number of written appeals to the Chi- stated that the only effective solution to People’s Congress seats, the second time nese government over the past few months injustice and bureaucracy was sweeping in Beijing’s history in which non-Party candi- regarding prisoners of conscience, constitu- political reform and implementation of the dates were allowed on the ballot. The candi- tional reform, freedom of expression and rule of law. (AP,NYT,Reuters, WP) dates, included Zhang Xingshui, a civil rights other basic human rights. A petition calling One of President Hu Jintao’s major cam- lawyer; Xu Zhiyong, a lawyer active in reform- for the release of Internet-essayist Du paigns since taking office in July has been ing China’s Re-education Through Labor sys- Daobin and for clarification of the country’s an ongoing corruption purge. Several high- tem; Nie Hailiang, a community activist; and subversion laws began circulating on the profile graft scandals came to light in Wang Ruiqi, reported being interrogated, Internet in December. More than 100 schol- recent months, with the former Vice- harassed and kept under surveillance by ars, lawyers and democracy activists, Governor of Anhui Province, Wang local officials, but ultimately two of them, Xu including veteran dissidents Liu Xiaobo, Huaizhong, sentenced to death for corrup- Zhiyong and Nie Hailiang, won seats in the Gao Yu and the “Stainless Steel Rat,” Liu tion on December 29, and 17 senior offi- Congress. (BBC, Globe and Mail) Di, signed the petition, which was to be cials in Fuzhou, Fujian Province detained in Meanwhile, in preparation for the 60th submitted to the NPC and the Supreme December in connection with the arrest of a session of the UN Commission on Human People’s Court on March 1. (AP,NYT) gangster, Chan Kai, involved in gambling, Rights (UNCHR), to be held in Geneva in As an example of the risk associated prostitution and money laundering with March-April 2004, the UN Working Group on with such petitions, Shanghai-based politi- judges, police officials, prosecutors and tax Arbitrary Detention submitted a report on cal activist Sang Jiancheng was charged collectors. State-run media were prohibited its 32nd, 33rd and 34th sessions, held in with “incitement to subvert state power” from reporting on the scandal, reinforcing November/December 2001, June 2002 and sentenced on January 6 to three years concern over the continued lack of trans- and September 2002, respectively. Among in prison. Sang had been secretly arrested parency in the government. China joined the individual or group cases the Working on November 10, 2002 after signing an more than 100 countries in signing the UN Group considered, six were from China, open letter to the 16th Party Congress call- Convention Against Corruption on Decem- including Yao Fuxin, Yang Jianli, Li Bifeng, ing for greater democratic reform. Sang is ber 9. (NYT,Reuters, WP) Liu Xianbin and Wang Bingzhang, as well the latest of several signatories, including The corruption purge has been accom- as groups of Falungong practitioners and Zhao Changqing, Dai Xuezhong, He Depu panied by efforts to clean up China’s law Tibetans. In all cases except for one and Jiang Lijun, who have been sentenced enforcement system and raise the stan- Tibetan, the Working Group determined that to lengthy prison terms. (HRIC) dard of police accountability. A four-month the detentions were arbitrary. Jiang Meili, the wife of imprisoned nationwide overhaul resulted in the dis- During its 38th session in November Shanghainese lawyer Zheng Enchong, missal of 44,701 police officers for corrup- 2003, the Working Group ruled as arbitrary submitted an open letter to President Hu tion, lack of adequate job skills and other the detentions of four other Chinese politi- Jintao and Premier Wen Jiabao on Febru- reasons. In early January the Ministry of cal prisoners, Xu Wenli, Liu Di, Ouyang Yi ary 6 appealing for a fair retrial and inter- Public Security issued a directive calling for and Zhao Changqing, all of whom have vention in Zheng’s prison treatment after police departments to issue more press been featured in China Rights Forum. The Zheng revealed during a prison visit that statements, report disasters and major Working Group’s report on these cases and he was kept in solitary confinement and events immediately and hold news confer- all others considered during the 38th ses- was suffering physical abuse. Jiang Meili Internet UsageandImpactin TwelveInternet entitled“Surveying According tothereport, a relaxationofStatecontrolinChina. wasfound thattheInternet contributingto Sciences (CASS)releasedinlateNovember tion andtheChineseAcademy ofSocial A jointtwo-yearstudyby Founda- theMarkle INTERNET DEBATE HEATS UP for mostofChina’s citizens.(HRIC) that healthcarehadbecometooexpensive andstated prices, system toinflatedrug andhospital industry the pharmaceuticals overexpressed concern collusionbetween signed by morethan500people, system.Thepetition, prescription drug the responsibility forhealthcareandreform demanding thatthegovernmenttake 26 submitted apetitiononJanuary activist onbehalfofU.S.-baseddemocracy ernment proceedings. (HRIC) ity ofalllegaldocumentsrelatingtothe December 2tomaintaintheconfidential- hadbeenwarned on ing andZhangSizhi, GuoGuot- sulate inShanghai.Hislawyers, and arepresentativeoftheU.S.Con- ber 18attendedby threefamilymembers appeal was deniedatahearingonDecem- charges ofleakingstatesecrets.Zheng’s inprisonon October 28tothreeyears since ZhengEnchong’s sentencingon has beenunderconstantsurveillance newsletter) Yang Support Jianli Reuters, visit. (HC, cedures were alsodiscussedduringthe for systemicchangetoChina’s judicial pro- Uighur activist saidthatthecaseofimprisoned Armitage inlateJanuary.State RichardArmitage of visit toBeijingby U.S.DeputySecretary was astudent. where ChristinaFuisaresearcherandYang Wen University, spoke atHarvard U.S. visit, butreceivednoreply. Duringhis December, when Wen visitedtheUnitedStatesinearly mier Wen Jiabaoaboutherhusband’s case mitted awrittenrequesttospeakwithPre- hadsub- to date.Yang’sChristinaFu, wife, butnoverdicthasbeenannounced 2003, Yang was triedforespionageonAugust4, Law School. ofHarvard faculty members aswell asmorethan100 U.S. Senators, U.S. HouseofRepresentativesandeight Liu Feiyue, Petitions were presentedtothePRCgov- Yang’s casewas alsoraisedduringa Yang Jianli Rebiya Kadeer a teacherinHubeiProvince, by ofthe 32members and theneed Youping, inprison;Xi’anactivist being tortured inNovember thatHuangwas reporters in the AI report were SichuanWebmasterin theAIreport from November 2002.(AFP, AP) anincreaseof21 activists by lateJanuary, 54imprisonedInternet and reported AIreachedsimilarconclusions censorship. for by necessary providing thetechnology ment’s repressionoffreedomexpression and Yahoo! were aidingthePRCgovern- SunMicrosystems Nortel, Microsoft, tems, suchasCiscoSys- telecommunication firms andthat14computer rise inChina, was censorship onthe found thatInternet respectively. RSF December andFebruary, (AI)in (RSF)andAmnestyInternational ders WithoutBor- were publishedby Reporters SCMP) (HRIC, expression ontheInternet. imprisoned forexercisingtheirfreedomof study didnotfactorinInternet-essayists views The andcriticizethegovernment. toexpresstheirpolitical the opportunity providesbelieve peoplewith theInternet Cities,” mostofChina’s users Internet criticizing official corruption; and criticizing officialcorruption; tried forsubversion onDecember10after mot manufacture and saleofwireless import, ment announcedtheprohibitionof the ficult inDecemberwhenthePRCgovern- anonymity became moredif- ontheInternet RSF) RFA, HRIC, BBC, 17.(AP,Hubei ProcuratorateonFebruary mately chargedwithsubversion by the Duwas ulti- 11.However, PSB onFebruary whose casewas backtotheHubei referred student comed theNovember 28releaseofBeijing wel-on foreignWeb sites.TheAIreport afterhepostedpoliticalcriticisms version” onDecember13for“incitingsub- arrested Huang Qi, nufiin vdne and insufficient evidence, ber 1sentencewas delayed becauseof Sichuan civil servant Sichuan civilservant the releaseofZhaoZiyang andfreepress; ber 8afterhecalledforfreelaborunions, imprisonment for“subversion” onDecem- Jun, the casesof Hopes were highforsimilaroutcomesin investigation becauseofalackevidence. Security Bureau(PSB)pendingfurther hercasetotheBeijingPublic returned Among theimprisonedNetizenslisted Two censorship onInternet otherreports Maintaining personal securityand Maintaining personal who was sentencedtotwoyears Liu Di, an Anshan factory employee an Anshanfactory whose wifetoldFrench TV Ouyang Yi, 3 afterprosecutors 23, Li Zhi, 5 whoseDecem- 35, Du Daobin, 3 whowas 33, Kong 39, Yan tional organization saiditwouldtarget on HumanRightsinGeneva. Theinterna- for the60thsessionofUNCommission relating toChinainpreparation concerns Trade Unions(ICFTU) addressedotherlabor nine monthsoftheyear.for thefirst (AP) the industrialaccidentdeathtollat14,675 estimatesputting withconservative 2003, deathsin a ninepercentriseinworkplace measures tobeenactedintolaw. Chinasaw whichincluded safety deaths, workplace laidouttheParty’sarticle plantoreduce safety. ontheneedforfactory The January editorial intheofficial Chongqing disasterpromptedafront-page lies onanon-negotiablebasis.The compensation tothevictimsandtheirfami- PetroChina offeredtopay out $3.6millionin gence. Inanattempttodiffusethesituation, was quicklyblamedonmanagementnegli- theleak from localandnationalauthorities, 60,000 onDecember23.Underpressure and forcedtheevacuation ofmorethan leak ataPetroChina plantkilled243people agas SichuanProvince, nity. InChongqing, commu- government andtheinternational fortheChinese sion andconcern tion andwages remainedtopicsofdiscus- compensa- andworkers’ for laboractivists, prisonsentences harsh Workplace safety, FOR LABORRIGHTS ONGOING STRUGGLE final summitdocuments.(Reuters) Rights (UDHR)andfreedomofexpressionin DeclarationofHuman ences totheUniversal played aprominentroleinlimitingrefer- andsecurity.sorship TheChinesedelegation andcen- tional governanceoftheInternet, such as“bridgingthedigitaldivide,” interna- addressedissues from192countries, ers businessandcivilsocietystakehold- ment, whichbroughttogethergovern- Summit, (WSIS) inGeneva onDecember10–-12.The World Society SummitontheInformation policyatthe ence feltonglobalInternet Reuters) (CNET, withagraceperioduntilJune. December 1, thestandardwent intoeffect companies, spite ofprotestsfromAmericanelectronic systems.In securityencryption personal akey componentof tion Standards(AES), targeted was theuseofAdvancedEncryp- ment’s Particularly securityspecifications. equipment thatdidnotmeetthegovern- The International ConfederationofFreeThe International The PRCgovernmentalsomadeitsinflu- People’s Daily in mid-

REGULAR FEATURES 7 CHINA RIGHTS FORUM NO.1, 2004 China for heavy prison sentences doled out global crackdown against the Uighur the Tibetan independence issue before the to independent labor activists such as Yao groups, but as neither the WUYC or ETIC Beijing Olympics in 2008. The two sides Fuxin and Xiao Yunliang. On December 19, have any known links to terrorism, many in were reported to be engaged in talks. (AT, Lingyuan County No. 2 Prison officials in the international community saw the gov- ICT,SCMP) Liaoning Province denied a request from ernment’s request as another attempt to the two men’s families to grant Yao and supress dissent and free speech in the CALLS FOR DEMOCRATIZATION Xiao medical parole for their severe health region. (AFP,BBC, NYT) IN HONG KONG problems. Yao is suffering from a heart con- An interview with the founder of the Hong Kong’s Victoria Park was the site of a dition, hearing loss and partial paralysis, Falungong spiritual movement, Li Hongzhi, New Year’s Day rally organized by the Civil and Xiao is afflicted with pleurisy, partial by New York’s New Tang Dynasty television Human Rights Front and attended by indi- blindness, edema and numbness in his station on January 20 was broadcast via viduals and groups concerned with civil, hands from prolonged use of handcuffs. satellite to Hong Kong. In the rare inter- labor, religious and political rights. Police Outside observers believe the “Liaoning view, Li lashed out at Jiang Zemin and estimated 37,000 participants, but organiz- Two” have been treated with particular denounced the Chinese government’s sup- ers said that as many as 100,000 people severity because of their central roles in pression of the popular movement as attended. Protesters demanded a massive workers’ protests in the Northeast rooted in jealousy. China’s Foreign Ministry timetable for democratization in the SAR, in 2000-2002. (ICFTU, HRIC) responded on January 21 by describing Li direct elections for the Chief Executive in Wide scale labor protests at the Tieshu Hongzhi as a “dangerous criminal” and reit- 2007 and for the Legislative Council in Textile Group factory in Hubei Province erated its charge that the Falungong is “an 2008, and for Chief Executive Tung Chee- reached a boiling point on February 8, when evil cult.” Around the same time, Falungong hwa to step down. Participants also more than 1,200 workers blocked the practitioners Zhang Jun and Li Chiyue,a expressed disappointment over a missed Suizhou railway. A bloody confrontation with mother and daughter, were detained in Bei- December deadline for the democracy 800 police officers ensued, leaving an jing on January 20 for leafleting and were timetable and over Tung’s unwillingness to unknown number of people injured and an denied access to a lawyer. The two went on stand up to Beijing on the issue. undisclosed number of protesters an eight-day hunger strike at Beijing Tung had attempted to brush over the detained. The workers were reportedly Chaoyang District Public Security Detention sensitive issue of constitutional reform dur- protesting unpaid benefits and corruption Center in protest. (AP,HRIC) ing his annual policy speech in December, at the factory. In January, international human rights saying that a task force headed by the An Oxfam International report released groups Human Rights Watch and the Chief Secretary for Administration, Donald in February stated that workers’ benefits Tibetan Center for Human Rights and Tsang Yam-kuen, was exploring Beijing’s and labor rights were a serious problem in Democracy (TCHRD) were among those concerns about the implementation of the China, finding that workers put in as much calling for the release of Tibetan monk Ten- democratic process. Attempts to further as 150 hours of overtime a month, and zin Delek, 53, who was sentenced to death delay democratization came in a February 9 that 90 percent of workers had no health on December 2, 2002 for “inciting sepa- Xinhua editorial by mainland legal expert insurance. The report faulted the Interna- ratism” and terrorism in Sichuan Province. Shao Tienren, who said that Hong Kong tional Monetary Fund (IMF), the World Bank TCHRD issued the plea in its 2003 report democratic reforms were not possible with- and multinational corporations for permit- on Human Rights in Tibet at the World out Beijing’s approval. The statement ting poor employment and living standards Social Forum in Mumbai, India. The report raised strong protest from pro-democracy in Chinese factories. (CLB, WP) also emphasized efforts by the PRC govern- legislators in Hong Kong, who had warned ment to crush Tibetan culture by stifling that Beijing was attempting to derail the RELIGIOUS AND Tibetan Buddhism and noted that human reforms before the proposed 2007 elec- ETHNIC MINORITY RIGHTS rights violations in Tibet had continued tions. (WSJ, NYT,UPI, WSJ, AP) In its continued crackdown on Uighur sepa- apace throughout 2003. (KRN, OW) Hong Kong’s democracy advocates have ratists in the northwestern Xinjiang region, In early February, U.S. Congress passed been riding high after a sweeping victory the PRC government issued a formal terror- a House Resolution calling on China to over their pro-Beijing counterparts in local ist list on December 15. China’s Ministry of release all Tibetan political prisoners, high- district board elections on November 23. Public Security identified 11 individuals and lighting the case of Tibetan nun Phuntsok Democratic Party candidates won 92 of the four groups as threats to national and inter- Nyidron, who is serving a 17-year sentence contested seats, while the pro-Beijing national security, alleging participation in for peaceful demonstrations in 1990. The Democratic Alliance for the Betterment of coordinated bombings and assassinations U.S. government was reported to be consid- Hong Kong (DAB) won only 62 seats, down in Xinjiang. The four groups named were ering a resolution on China for violations of from 84 seats four years ago. DAB Chair- the East Turkestan Islamic Movement human rights in China and the Tibetan man Jasper Tsang Yok-sing took responsi- (ETIM), the East Turkestan Liberation Orga- Autonomous Region for the 60th session of bility for the poor showing at the polls and nization (ETLO), the World Uighur Youth the UN Commission on Human Rights resigned in early December, although the Congress (WUYC) and the East Turkestan (UNCHR) in March. Meanwhile, the Tibetan DAB’s close ties to Chief Executive Tung Information Centre (ETIC). China asked the government-in-exile called for the Chinese and Beijing were widely considered the rea- international community to participate in a government to work with them to hash out sons for the defeat. The triumph of pro- total numberofpeople testedwere withheld full-blown AIDSat80,000.Statistics onthe andthenumberofpeoplewith at 840,000, puts thenumberofpeopleinfected withHIV the WHOandChina’s ofHealth, Ministry ajointprojectof on AIDSinChina, report people infectedin2003.Themost recent increases tobothdeathsandthenumberof been “entirelyinadequate,” withmarked have tocurbtheepidemicworldwide efforts wide epidemic.Accordingtothereport, which gave the lateststatisticsoftheworld- time forWorld AIDSDay onDecember10, publishedin inaUNAIDSreport concern China was namedasaregionofparticular PUBLIC HEALTH WP, AP) Reuters, the 1989massacre.(NYT, embargoonChinaenactedafter an EUarms dent JacquesChiraccalledfortheliftingof French Presi- maintain thestatusquo.Later, President Chenhaltthereferendumand PresidentBushrecommendedthat ber 9, D.C. onDecem- Wen JiabaoinWashington, duringmeetingswithPremier tional front, “national unity”ofChina.Ontheinterna- economic damageinordertomaintainthe Chinesedeathsinbattleand demnation, con- international risk anOlympicboycott, whosaidthePRCwas willingto Guangqian, tion Army (PLA)BrigadierGeneralPeng aggressive warnings fromPeople’s Libera- should beleftforfuturegenerations. Chan saidinmid-Decemberthattheissue PresidentialcandidateLien Nationalist Party forreunification. long-standing support fromChenby withdrawing its ular support pop- attempted todivert (Kuomintang) Party presidential elections.Taiwan’s Nationalist thesameday asTaiwan’sfor March20, PresidentChencalledareferendum week, or todeclareindependence.Thefollowing at Taiwan andrenouncethethreatofforce, demand thatChinawithdraw missilesaimed todecidewhether dum askingvoters bian tocalla“defensive”nationalreferen- November 27allowingPresidentChenShui- Taiwan’s Parliament passedalaw on CAUSES STIR TAIWAN REFERENDUM WP) direct elections.(AP, FEER, by aretobereturned the 60members inwhichhalfof cil electionsinSeptember, lar sweep intheupcomingLegislativeCoun- democracy forcesraisedhopesforasimi- Recent developments inTaiwan metwith cerns over theslaughterpendingconclusive cerns WHO andanimalrightsgroupsraised con- whilethe mals were killedup tomid-January, 3,903 civetcatsand665otherwild ani- thatatleast Provincial reported officials thevirus. twospeciesbelieved tocarry rats, dong Provincial tokillcivetcatsand officials of theoutbreakincludedanorderby Guang- stepsforminimizingtheextent cautionary was “freelyshared”indailymeetings.Pre- thatinformation ofHealthreported istry andChina’s Min- case, ofthefirst reports onthescenesoonafter arrived research, labsafetyandoversee to Chinaobserve whichhadbeenmakingregularvisits WHO, safetymeasures.The tion ofprecautionary andimplementa- treatment oftheillness, toidentifythecausesand WHO researchers collaborationwith close contactwiththem, in andpersons isolating theinfectedperson 12.Containmentmeasuresincluded ary between December26andJanu- reported and onemoresuspectedcasewere cases the endof2003.Threeconfirmed reemergedinGuangdongProvince at 2003, more inChinalate2002throughmid- 349 peopleandsickened morethan5,000 apotentiallyfatalillnessthatkilled (SARS), NYT) mode oftransmission.(CYO, and only21.4percentknew thatsexwas a knew thethreemethodsoftransmission, only13.4percent never heardofAIDS, had one-fifthof peoplesurveyed Nearly AIDS awareness inChinaremainslow. and HorizonMarketResearchfoundthat announced. for implementationhave yettobe plans change inattitudeby thegovernment, hailed thepledgeasanindicationofa them by andNGOs 2005.WhileUNofficials ised freeAIDSmedicationstoallinneedof withAIDS.Wenofficial andaperson prom- public contactbetween atopgovernment patient ataBeijinghospitalinthefirst-ever mier Wen JiabaoshookhandswithanAIDS Pre- ated inOctober2003.Mostnotably, publicity foritspilottreatmentprograminiti- Day activitiesonprevention educationand RFA)one villagealone.(NYT, with300peopleinfectedin were reported, andnew outbreaksinJilinProvince there, fivedays diesofAIDSevery one person cials. OfficialsinHenanProvince statedthat as a“statesecret”by Chinesehealthoffi- Severe Acute Respiratory Syndrome Severe AcuteRespiratory A recentstudyby FuturesGroupEurope China focusedmuchofitsWorld AIDS S Wall StreetJournal Washington Post WSJ Post SouthChinaMorning WP WithoutBorders Reporters SCMP RadioFree Asia RSF UnitedPressInternational RFA OneWorld UPI New York Times OW Knight-RidderNews NYT Korea Herald KRN CampaignforTibet International KH ICT Confederationof International HumanRightsWatch ICFTU HumanRightsinChina HRW Crimson Harvard HRIC Far EconomicReview Eastern HC ChinaYouth Online FEER CNETNews.com CYO ChinaLabourBulletin CNET BritishBroadcastingCorporation CLB AgenceFrance Presse AsiaTimes BBC AssociatedPress AFP AT AP ABBREVIATIONS decisively tothedisease.(TheTimes) gestion thatitwas notreactingpromptlyand government remainedsensitivetoany sug- but hisdetentionindicatedthattheChinese was relatedtothenewspaper’s SARSstory, day andauthoritiesdeniedthathisdetention 6.Chengwas releasedlaterthat January detained by theShanghaiProcuratorateon was ittotheWHO, before Chinareported new SARScaseoneday ofthefirst story an independentnewspaper thatbroke the the editorof whenChengYizhong, however, into question, the government’s transparencywas called SARS inNovember 2002.Thesincerityof outbreakof cism oftheirhandlingthefirst cials hopedtolivedowntheblisteringcriti- PRCoffi- SARS andavian influenzacases, tems were “weak andvulnerable.” (Reuters) of itsanimaldiseaseandprevention sys- Chinaadmittedthatparts flu were reported, chickens. Whilenohumancasesofthebird 31 provinces ledtothecullingof1.2million outbreaksin13ofChina’sChina. Confirmed including humans ineightAsiancountries, as the“birdflu,” and infectedpoultry known popularly the Avian virus, Influenza Xinhua) NYT, evidence ofthesourcedisease.(AP, In their prompt reporting ofthelatest In theirpromptreporting theH5N1strainof As SARSresurfaced, Free Trade Unions Southern MetropolitanDaily,

REGULAR FEATURES 9 CHINA RIGHTS FORUM NO.1, 2004