臺灣民主基金會 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 is 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. Taiwan Foundation for Democracy China Human Rights Report 2006 CONTENTS Foreword ....................................................................................................................i Chapter I: Preface ............................................................................................. 1 Chapter II: Social Rights .......................................................................... 23 Chapter III: Political Rights ................................................................... 39 Chapter IV: Judicial Rights .................................................................... 75 Chapter V: Economic Rights ............................................................... 97 Chapter VI: Education and Cultural Rights ......................... 115 2006 China Human Rights Chronology .................................. 135 China Human Rights Report 2006 Foreword On December 10, 1948, the Unted Natons General Assembly adopted the Unversal Declaraton of Human Rghts, declarng the rght to lfe, freedom, securty, and economc, socal and cultural rghts as fundamental human rghts. The pursut of these fundamental human rghts s not only a recognton of human dgnty, but also a promoton of the foundatons for world freedom, justce and peace. The development and protection of human rights is not only a government’s duty, but also the reason for a government’s existence. Democracy has become a universal value, as t possesses varous supervsory abltes to prevent governments from nfrngng their subjects’ human rights. Therefore, it can be said that democracy and human rghts complement each other and are nseparable. Democratc development enhances the protecton of human rghts, whch n turn deepens and consoldates democracy. Taiwan’s historical developments have provided one of the most successful examples ths regard. Taiwan’s democratization has been hailed as a political miracle. As a fully democratic country, Taiwan’s achievements in human rights protection and promotion are widely recognized, but we are not complacent about this. In addition to further strengthening these achievements, we hope to expand our horizons and go one step further by carng about human rghts and democratc developments n neghborng countries. This is the raison d’etre for the establishment of the Taiwan Foundation for Democracy and ts goals. The Unted Natons have already affrmed fundamental human rghts, and human rghts protecton has become a unversal human rght. To the Tawanese people, human rghts are a gven, yet to people from other countres, human rghts remains a luxury, and a prime example of this is our neighbor-Chna. China’s human rights situation has long been a major concern of the international community as the Chinese government’s abuse of human rights has always been sternly criticized by the international community. From Taiwan’s point of view, China’s management of human rights issues not only determines whether © 2006 by Taiwan Foundation for Democracy China Human Rights Report 2006 Chna s able to abde by unversal norms of the nternatonal communty, whether ts people can enjoy fundamental human rghts, or whether ther human dgnty can be protected, but also affects regonal stablty and the development of cross-strat tes. With these considerations in mind, the Taiwan Foundation for Democracy entrusted the Foundation on International and Cross-Strait Studies with a project that convened academics and experts including Wen-cheng Lin, Li-Wen Tung, Chun-ju Chen, Fort Fu-Te Liao, Jiann-fa Yan and Chang-yen Tsai who participated in a comprehensive study of China’s human rights development in the social, political, judicial, economic, educational and cultural spheres from July 2005 through June 2006. The study culmnated n a report that was publshed as China Human Rights Report 2006. Through this annual report, the Foundation hopes to make a modest contribution to the arduous task of promoting human rights in China. Wen-cheng Lin President Taiwan Foundation for Democracy December 2006 © 2006年 / 臺灣民主基金會 China Human Rights Report 2006 Preface Wen-cheng Lin* The 2006 Annual Report by the Congressional-Executive Commission on China in the United States points out that the Chinese government, concerned with increasing social unrest, took several steps backward, increasing “government interference with and intimidation and harassment of individuals and groups that the party believes may threaten its authority or legitimacy.”① In order to maintain social stability, the Chinese government relies on coercion to suppress any potential threats to party rule. For instance, it has increased its restrictions on lawyers, continued to use the mechanism of reeducation-through-labor, adopted vague criminal law and administrative regulations to detain people, controlled religious literature, and enforced censorship in order to deny the freedom of speech and publications provided to the people by the Constitution.② In general, China’s human rights condition did not improve in 2005-2006. On the contrary, it slid backward. The main reason for such a regression is China’s increasing concern with its social unrest. This fact reflects that although economic reform in the past three decades has resulted in substantial economic growth in China, it has created many new problems that seriously threaten China’s stability. I. Factors leading to China’s increasing social unrest According a report by China’s Minister of Public Security, Zhou Yongkang, there were 74,000 “mass incidents” in China in 2004, with a total of 3.8 million participants. The number of “mass incidents” increased to 87,000 in 2005, among which “the crimes that interfered with government business increased by 8.9%, mass gatherings that disturbed social order increased by 3%, incidents of provocation * Wen-cheng Lin is the Dean of the College of Social Sciences at National Sun Yat- sen University. © 2006 by Taiwan Foundation for Democracy 2 China Human Rights Report 2006 and stirring up trouble increased by 11.8%, and mob violence increased by 5.8%.”③ For instance, on August 6, 2005 in Daye, Huangshi City, northern Hubei, 0,000 people rioted against the Huangshi City Government’s decision to redraw the district of Daye, confronting the police.④ On December 6, 2005, armed policemen were sent to Shanwei in Guangdong Province to suppress residents who protested the lack of compensation for having land confiscated by the government. About 20 people were killed by policemen.⑤ The factors leading to increasing social unrest in China are as follows: Problems created by a large population Many social, economic, and political problems in China are related to its large population. China has more than .3 billion people, which account for approximately 21% of the total world population. China’s population will continue to increase by 8-10 million annually in the coming decade. It is estimated that China’s population will reach .6 billion in 2030.⑥ Overpopulation brings about the challenge of job creation and the problems of insufficient living space, degradation of the environment, and a shortage of food. In order to control population growth, China strictly enforced the one-child policy in 980. The one-child policy shapes the 4-2- family structure, namely a couple supporting four parents and one child. The burden to the couple is understandable very heavy. In addition, China is a society which traditionally prefers boys over girls. The one-child policy has led to the abandoning or sale of female babies, especially in the rural areas. Unequal gender distribution may become a source of social unrest in China in the future. High unemployment rate China’s high unemployment rate is related to its overpopulation. According to official statistics, China’s unemployment rate is lower than 4.6%, but the figure is underestimated. A scholar in the Chinese Academy of Social Sciences points out that China’s unemployment rate is as high as 27.78%. The difference is due to the fact that the official statistics do not cover the hidden unemployment, such as the 30 million extra workers in state-owned enterprises, more than 7 million in various agencies in the government, more than 9 million in collective enterprises, and more than 200 million in rural areas. Other academic studies also indicate that the © 2006年 / 臺灣民主基金會 Preface Chinese government purposely underestimated the unemployment rate. For instance, Michigan University conducted surveys in five Chinese cities, discovering that the unemployment rate was 2.7%.⑦ The employment rate for college graduates dropped from 83%