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 2014》 目 次 Foreword..................................................................................................... i Preface........................................................................................................ 1 Social Rights............................................................................................. 33 Political Rights.......................................................................................... 77 Judicial Rights..........................................................................................115 Economic and Environmental Rights...................................................... 161 Educational and Cultural Rights.............................................................. 205 The Human Rights of Taiwanese Businesspeople in Mainland China.... 251 Foreword i Foreword This 2014 edition of the China Human Rights Report is in front of you thanks to the dedication of contributing scholar-authors, and the capable guidance of the board trustees and supervisors of the Taiwan Foundation for Democracy. It is a compendium of reference materials for your perusal and comments. We look forward to your critique. As in every previous edition, this year's contributing authors are objective and impartial in presenting their materials in a candid manner. In line with academic integrity, they don't duck the tough questions, nor do they exaggerate the issues. They strive to offer you a balanced in-depth account of every aspect of human right status in China in the past year. We hope you fi nd it useful. It is widely known that the idea of human rights encompasses numerous issues, of which each entails multiple definitions. In the history of humanity, there have been different ways to group various types, or principles, of human rights. Some major categories are political, economic, social, environmental, religious, cultural rights, which could be further broken down to the rights for women, children, workers, ethnic minorities, homosexuals, foreign and domestic migrant workers, prison inmates, and the rights to medical care and education. In the limited pages allocated here, we adopt the time-honored chapter layout to present to you a most comprehensive view with a wealth of specifi c examples to demonstrate the core fi ndings from long-term observations. In the realm of political rights, the freedom of speech, the right to participation, government efficacy, autonomy and self-determination of ethnic minorities in China are benchmarks for human rights watch. Naturally, this chapter dutifully covers the China-unique phenomena in recent years: the New © 2014 by Taiwan Foundation for Democracy ii China Human Rights Report 2014 Citizens Movement, press and cyber censorship, access to government data, the Shagnfang (petition) system, the Occupy Central Movement in Hong Kong towards the end of 2014, and complicated ethnic tension in Xinjiang and Tibet. The conclusion was, despite Chinese authority's measures to advance political rights status, there is still plenty of room for improvement. In the chapter about economic rights, the economic and environmental problems on the heel of economic growth are described. In this difficult juncture of economic transition, Beijing has rolled out legal and administrative measures trying to treat the symptoms and cure the disease at the same time: For example, replacing GDP goals with infrastructure adjustment for a sustainable growth, pledging to disclose and eradicate corruption, and striving to protect the environment. But in a land where counter-measures abound in response to every offi cial measure, the wide-spread cavalier attitude towards law and regulation is not conducive to achieving government goals. Beijing authority is trapped in a quandary of smog-fi lled air and heightened grievances against a yawning wealth gap. In terms of social rights, a close observation reveals wide concerns over worker safety, medical care, old age care, children's and women's rights, food safety as well as land appropriation and forced demolition/eviction. These are typical social issues challenging every country or society. The prosperity from decades-long phenomenal economic growth gives Beijing abundant resources to deal with the problems. With the Decisions on Depending Reforms in a Comprehensive Way being implemented progressively, Chinese people's social rights status is likely to improve soon. However, the scope and pace remain to be seen. The watch on judicial rights status was carried out from four angles: (1) law enforcement, investigation and extra-judicial process, (2) judicial proceeding, (3) lawyers' rights to practice law, and (4) high-profile cases. While Beijing's © 2014 by Taiwan Foundation for Democracy Foreword iii endeavors are recognized in abolishing labor re-education program, rectifying cases of wrongful conviction, making court opinions available on-line, and rolling out legal-aid service at the provincial level, this report clearly points out areas in need of reforms: curtailed personal liberty in detained education program, restricting lawyers' role in court cases, and annual review for license renewal. In short, there is much to be desired to advance judicial rights in China. To avoid repetition of narratives about cultural and educational rights in previous years, this year edition shifts to cultural rights of ethnic minorities. China has embarked on a number of proactive initiatives to enhance cultural and educational rights of ethnic minority groups. Instead of authority imposing what Han people think is best for the minorities, the report urges the leaders, mostly of Han-majority descent, to step into the shoes of minorities to facilitate cross-ethnicity cohesion, to incorporate their struggles and evolution into school curriculum, to learn about their culture and languages, to elevate understanding and respect for their religious heritage, and so on. The report believes this is the best approach to upholding the cultural rights of ethnic minorities. When it comes to the rights of Taiwan-origin businesses, the corresponding chapter acknowledges that China remains a place full of opportunity and challenge to Taiwanese, albeit incidents of Taiwanese rights being infringed are often heard, including forced eviction from factory or land, threat to personal safety and life, forced closure of factory/business. This report makes specific recommendations to Taiwan government, Chinese authority and Taiwan-origin businesses operating in China: such as Taiwan should raise authorization level of parties engaging in cross-strait negotiations; China should show political will to crack down on hideous behaviors of Chinese people preying on Taiwanese businesses; Taiwanese should resort to judicial proceeding in China for dispute resolution. In all fairness, advancement in China's human rights status deserves credit © 2014 by Taiwan Foundation for Democracy iv China Human Rights Report 2014 where credit is due, though there are areas warranting timely attention. After the Communist Party of China (CPC) held the fourth plenary session of the 18th national congress (CPC NC), Chinese president Xi Jinping reiterated his pledge to rule the nation with law and according to the constitution. We welcome and appreciate his pronouncement of such a commitment. We look forward to seeing China—while pursuing economic development-- dutifully carry out phased reforms in various aspects to enforce the law, to empower the people, and to boost government effi cacy, all for the ultimate goal of upholding democracy and safeguarding human rights, and shrinking the gap between Taiwan and China. Teh-Fu Huang President Taiwan Foundation for Democracy January 20, 2015 © 2014 by Taiwan Foundation for Democracy Preface 1 Preface Chuei-Ling Shin* I. Foreword: The Tug of War between Preservation of Stability and of Rights The economic success of China's reform and opening over the past 30 years is clear, and the nation's strength has continued to rise. According to an International Monetary Fund report, at the end of 2014, China's economy surpassed the United States' in size after adjustments for purchasing power parity, making China the largest economy in the world. China's sudden rise is already a fact recognized worldwide. However, while the economy has grown rapidly and China has become a moderately prosperous society, rights issues in the nation have arisen as well, and citizens' consciousness of their rights has gradually awakened. In response