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 2005 CONTENTS Foreword ....................................................................................................................i Chapter I: Introduction ................................................................................ 1 Chapter II: Social Rights .......................................................................... 23 Chapter III: Political Rights ................................................................... 45 Chapter IV: Judicial Rights .................................................................... 77 Chapter V: Economic Rights ............................................................... 99 Chapter VI: Education and Cultural Rights ......................... 115 2005 China Human Rights Chronology .................................. 141 China Human Rights Report 2005 Foreword On December 10, 2005, 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 n 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 © 2005 by Taiwan Foundation for Democracy China Human Rights Report 2005 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, Cheng-Yi Lin, 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 2004 through June 2005. The study culmnated n a report that was publshed as Chna Human Rghts Report 2005. Through this annual report, the Foundation hopes to make a modest contribution to the arduous task of promoting human rights in China. Michael Y.M. Kau President Taiwan Foundation for Democracy December 2005 © 2005年 / 臺灣民主基金會 China Human Rights Report 2005 Introduction Wen-cheng Lin Human rights are regarded as the “fundamental moral rights of the person that are necessary for a life with human dignity.”① This kind of thinking even existed in ancient times. British philosopher John Locke regarded human rights as natural rights. However, the idea of human rights was not deeply rooted until the American Revolution and the French Revolution. These two countries began to establish political doctrine based on human rights. The United States adopted the Declaration of Independence, emphasizing that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” The French Revolution in 789 led to the adoption of the Declaration of the Rights of Man and of the Citizens on August 26. It pointed out that “men are born and remain free and equal in rights” and that “liberty, property, security, and resistance to oppression” are “the natural and imprescriptible rights of man.” The idea of human rights was thereby further rooted. Therefore, Jan Herman Burgers regards the seventeen-through-eighteen centuries as the first wave of the rise of ideas about human rights. These ideas had strong influence in the fields of politics, legislation, and administrative justice.② Between the two world wars in the first half of the twentieth century, the international community was shocked by the Nazis’ abuse of human rights. This sentiment encouraged the emergence of the second wave of human rights rhetoric, which became the main guideline for states in international relations.③ In his Annual Message to the Congress on January 6, 94, Franklin D. Roosevelt enumerated four essential human freedoms: freedom of speech and expression, freedom of every person to worship God in his own way, freedom from want, and freedom from fear. In 1945, the Charter of the United Nations reaffirmed “faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men * Wen-cheng Lin is professor at the Institute of Mainland China Studies, National Sun Yat-sen University. © 2005 by Taiwan Foundation for Democracy 2 China Human Rights Report 2005 and women and of nations large and small.” The first article of the Charter further states that one of the purposes of the United Nations is “to achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.” The General Assembly of the United Nations adopted the Universal Declaration of Human Rights on December 0, 948, the ideas of human rights had become universal values. Although human rights have become universal values and the world has made significant progress in human rights for the last six decades, there is still a large portion of people in the world who cannot enjoy the human rights articulated by the Universal Declaration of Human Rights. They still cannot enjoy the four freedoms enumerated by FDR. Authoritarian regimes, which violate human rights and control freedom, continue to exist. China is an example of a country with such a regime. The basic human rights of the .3 billion people in China remain unprotected. Promoting human rights in China has been a goal for the international community, including Taiwan, to fight for. I. The Scope of Human Rights Michael Freeman points out that “the concept of human rights raises problems that are, on the one hand, practical and urgent, and, on the other hand, theoretical and abstract.”④ For instance, practical human rights supporters care about how to prevent political murders, torture, and unjust imprisonment. For them, to rescue fellow human-beings from injustice is more important and urgent than the studies of human rights theories. But those who care about theoretical issues pay attention to “the requirements of legitimate government and the nature of good life.” Not only does a gap exist between theory and activism in human rights, but there are also debates between scholars on the scope of human rights. Maurice Cranston suggests that human rights cover only civil and political rights,⑤ but Attracta Ingram argues that economic and social rights should also be included.⑥ As Ann Kent suggests, “human rights are a cluster of values derived from international consensus.”⑦ Although Western countries