China – Australia – Pro-Democracy Groups – Falun Gong – Monitoring of Activist Groups
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Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: CHN32643 Country: China Date: 21 November 2007 Keywords: China – Australia – Pro-democracy groups – Falun Gong – Monitoring of activist groups This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein. Questions 1. Please provide a succinct update regarding the PRC authorities’ known/suspected monitoring of pro-democracy and Falun Gong protest activities in Sydney. 2. Sources suggest that the PRC expects most to have economic motives, but that they may pursue those that they (actually) believe to be dissidents or similar. Do any reports suggest that attendance at protests, etc, is sufficient to arouse adverse attention? RESPONSE 1. Please provide a succinct update regarding the PRC authorities’ known/suspected monitoring of pro-democracy and Falun Gong protest activities in Sydney. DFAT have consistently noted that it is likely that activists who have participated in protest activities against the Chinese government, including members of pro-democracy, Falun Gong and Uighur nationalist organisations, will be monitored and questioned or detained on their return to China. This view is supported by Amnesty International, Chinese government defectors and some Australian academics. In DFAT’s opinion such a person’s treatment on return to China will depend upon their profile and their attitude on return. In 2000, DFAT advised that “it is very likely that Chinese authorities would be seeking to obtain information on prominent Falungong practitioners / leaders abroad.” (DIMIA Country Information Service 2000, Country Information Report No. 58/00 – Update Information on Falun Gong, (sourced from DFAT advice of 4 February 2000), 7 February – Attachment 1). Similarly in May 2006, DFAT advised it is likely that Uighur activists are monitored and that “The more involved the individual had been in a Uighur organisation outside of China, the more likely that China became aware of the individual’s activities” (DIAC Country Information Service 2006, Country Information Report No. 06/18 – China: Return of Australian Uighur Association Members, (sourced from DFAT advice of 26 May 2006), 26 May – Attachment 2). Here is the text of the DFAT assessment: A.1. It is not possible to say definitively how Chinese authorities would treat a particular individual who returned to China after being involved in a Uighur group in Australia. It is likely that the Chinese authorities seek to monitor Uighur groups in Australia and obtain information on their membership and supporters. On return to China, it is likely that the authorities would at least put such people under surveillance and might detain them for interview. Whether the person would face more serious consequences could be influenced by whether China perceived the person’s activities outside of China as amounting to criminal activities. China regards separatist activities (eg calling for Xingjian’s independence from China) as criminal, regardless of whether the person was in China or in another country when he or she carried out such activities. In determining what constitutes separatist activity, China does not make a significant distinction between non- violent political calls for Xinjiang independence and advocacy of violence (although the latter would likely attract more severe punishment). … A.2. As noted above, the consequences for the individual on return to China would be related to his or her level of involvement with the organisation outside of China, as well as the individual’s behaviour on return to China. The more involved the individual had been in a Uighur organisation outside of China, the more likely that China became aware of the individual’s activities (with repercussions as outlined above) (DIAC Country Information Service 2006, Country Information Report No. 06/18 – China: Return of Australian Uighur Association Members, (sourced from DFAT advice of 26 May 2006), 26 May – Attachment 2). In addition, there are a number of DFAT opinions which note that the activities of an activist overseas could affect their treatment on return, and these carry the clear implication that the Chinese authorities monitor and are aware of the activities of activists in Australia: • In November 1999 DFAT noted that: It is likely that any member of a pro-democracy group who returned to China and engaged in political activity would come to the attention of the authorities, but would be unlikely to be arrested and charged unless the individual ignored warnings from the authorities and continued to engage in political activity. If this occurred, any previous political activities of the individual abroad would probably be included in the authorities’ case against that individual. (note, this sentence differs from our past assessment, (CX38530) as the threshold for government action against China Democracy Party activists seems to have been lowered during the course of 1999. (DIMIA Country Information Service 1999, Country Information Report No. No.3956/99 Pro-democracy group in Australia (sourced from DFAT advice of 20 October 1999), 9 November – Attachment 3). • In March 2002 DFAT advised that: As far as we are aware, the likely treatment of Tiananmen-era returnees would depend to a large degree on their behaviour on return, as well as on the nature and extent of their involvement in protest activities abroad. Individuals who took a leading role in protests overseas would likely be monitored by local public security authorities on return (provided, of course, that they were aware of the individual’s return). Official interest would be ongoing if those authorities assessed that an individual was likely to continue political agitation while in China (DIMIA Country Information Service 2002, Country Information Report No. No. 61/02 Treatment on return of demonstrator (sourced from DFAT advice of 12 March 2002), 12 March – Attachment 4). • In September 2006, DFAT advised that “If practitioners have played an active role in Falun Gong organisations overseas, the Chinese authorities are more likely to take an interest in their cases.” (DIAC Country Information Service 2006, Country Information Report No. 06/53 – China: Return of failed asylum seekers, (sourced from DFAT advice of 14 September 2006), 15 September – Attachment 5). • In March 2007, DFAT advised that: Authorities could, however, treat the person more severely if he or she was quoted publicly as criticising China’s regime or senior leadership in the media. If, for example, the person had been an active, outspoken member of one of these groups and had publicly called for the end of Communist Party rule in China, he or she would be more likely to be put under surveillance and possibly detained on return to China. At the extreme, the person could be criminally prosecuted, for example under Article 105 of China’s Criminal Law, which prohibits “incit[ing] others by spreading rumours or slander or any other means to subvert State power or overthrow the socialist system.” (DIAC Country Information Service 2007, Country Information Report No. CHN8990 – CIS Request CHN8980: China: Publication of client details, (sourced from DFAT advice of 20 March 2007), 22 March – Attachment 6). On the monitoring of political dissidents and Falun Gong practitioners overseas, Amnesty International in Canada reported in June 2005 that: The China research team at our international secretariat has informed us that while they do not have verifiable evidence that the Chinese authorities monitor the activities of Chinese activists overseas; including Uighur and Tibetan nationalists, political dissidents and Falun Gong practitioners; it is their view that it is highly likely that monitoring takes place. The China Coordinator for Amnesty International Canada maintains close ties to the Chinese community in exile in Canada. She has been informed numerous times by a variety of diaspora/dissident groups in Canada; Falun Gong, Han Democracy groups, Tibetans, Uighurs; that any public activity they hold is monitored by PRC Embassy officials, with photographs taken of participants. While Amnesty International is not able to verify the surveillance claims, the reports we receive of surveillance activities are frequent, from reliable sources and consistent. (Amnesty International Canada 2005, Amnesty International concerns on Uighur asylum seekers and refugees, June, p.4 – Attachment 7). In 2005, two Chinese officials, Chen Yonglin and Hao Fengjun, defected in Australia. They both claimed that China had an extensive network to monitor Falun Gong and other anti- Chinese activists in Australia. Chen Yonglin was a Consul for Political Affairs of the Consulate-General of China in Sydney, who worked in the Chinese Consulate-General in Sydney from 2001 to 26 May 2005. In his testimony to the United States Congress Committee on International Relations, Chen noted the various measures the Consulate took to contain the Falun Gong in Sydney (Chen, Yonglin 2005, ‘Testimony of Chen Yonglin at the United States Congress Committee on