3 May 2013 © PEN International, 2013 The PEN Report: PEN International celebrates Creativity and Constraint literature and promotes freedom in Today’s China of expression. Founded in 1921, our global community of writers Authors Sarah Hoffman, Larry Siems Preface John Ralston Saul now spans more than 100 countries. Editors Sahar Halaimzai, Sara Whyatt With thanks to The Independent Chinese Our campaigns, events, publications PEN Centre, PEN American Center, and programmes aim to connect Marian Botsford Fraser, Cathy McCann, writers and readers wherever they Laura McVeigh, Joshua Rosenzweig and Maya Wang are in the world. President John Ralston Saul Secretary Hori Takeaki PEN International is a non-political Treasurer Eric Lax organisation and holds special Executive Director Laura McVeigh consultative status at the United Nations. Board Haroon Siddiqui Yang Lian Markéta Hejkalová Elizabeth Hiester Philo Ikonya Lee Gil-won Sylvestre Clancier Antonio Della Rocca Pen International ©PEN International, 2013 Brownlow House, 50/51 High Holborn, London WC1V 6ER All rights reserved. Without limiting T 44(0)20 7405 0338 the rights under copyright reserved Email [email protected] above, no part of this publication may be reproduced, stored or introduced into INTERNATIONAL P. E. N. a retrieval system, or transmitted, in any (known as PEN INTERNATIONAL) form or by any means (electronic, mechanical, photocopying, recording (A COMPANY LIMITED BY GUARANTEE) is a or otherwise), without the prior written registered charity in England and Wales with permission of both the copyright owner registration number 1117088 and the publisher of this report. Designed by: Brett Evans Biedscheid Published by www.statetostate.co.uk PEN International Brownlow House Cover photo and Inner front cover photo, 50-51 High Holborn Surveillance at Tiananmen Square: London Jack Hynes under a Creative Commons License WC1V 6ER 2 Preface John Ralston Saul 4 Executive Summary 6 Introduction: Why is Liu Xiaobo Still in Prison? 9 Chapter 1 The Pressure from Above 10 The First Wave: Charter 08 11 From Secret to Shameless: The Chinese Communist Party’s Change in Tyranny Before and After the Olympics Yu Jie 12 The Second Wave: The Nobel Prize 14 The Third Wave: the“Jasmine” Crackdown 14 Human Rights in Post-Olympic China Teng Biao 17 Tibet: After the Beijing Olympics Tsering Woeser 18 The Garbage Dump and Organized Crime Liao Yiwu 19 Regional Focus: Crackdowns in Tibet, Xinjiang, and Inner Mongolia 23 Chapter 2 The Pressure from Below 25 Bizarre Freedom in a Divided Country Liu Di 26 The “Stability Maintenance System” versus the Rule of Law Ye Du 32 Crappy Freedom Murong Xuecun 34 Chapter 3 The Literary Community 36 Why Does the Communist Party Leadership Still“Sing Red” in 2012? Gao Yu 38 Human Rights in Post-Olympics China Sha Yexin 44 Never-Ending, Hidden Rules Dai Qing 46 Conclusions and Recommendations 49 Endnotes 52 Appendices The PEN Report: Creativity and Constraint in Today’s China Preface John Ralston Saul President PEN International Frustration. Is that the right word to describe what so many people inside China and around This is an approach anchored the world feel about the continuing limitations both in the breadth of history on free expression in China? Of course there are stronger words. You have only to read the and in today’s realities, one texts of the leading Chinese writers in this report. There you will feel the anger of those under attack; that reflects PEN’s founding the intensity of voices that underscore the human cost of such limitations on free expression. and enduring principles Think of the last three remarkable years. Two Nobel Prizes for Chinese writers – the Peace can be no pride in employing tens of thousands Prize to Liu Xiaobo in 2010 and the Literature of Internet police to limit the communications of Prize to Mo Yan in 2012. These prizes should, and citizens, whatever the state system. could, have been cause for unbridled celebration in China and around the world. Instead, every day, What is the definition of a patriot? Are not patriots in over 100 countries, our members are working those who care so much for their society that they to support a more open situation inside China and must say what they believe to be true? Or write it? between China and the world. The creative force of literature, ideas and information simply cannot China, with all of its rich cultures, has everything play its full role with such limitations in place. to gain and nothing to lose through free speech. These words which seem to cause such fear are PEN has been an integral part of cultural life in the texture with which such civilizations are built China for three-quarters of a century. We now and strengthened. Yes, freedom of expression have a number of Centres working in the region, enriches literature. But it also combats including the Independent Chinese PEN Centre, corruption and discourages irresponsible acts. the Uyghur PEN Centre, Tibetan Writers Abroad It strengthens education, enriches research, PEN Centre, Taipei Chinese PEN Centre, Hong and helps find solutions to problems of poverty, Kong PEN and the Chinese PEN Centre. And so health care and well-being in general. this report comes at the same time from within China and from China’s friends everywhere. The report which follows measures the conditions for freedom of expression through literature, A country gains nothing by imprisoning or limiting linguistic rights, Internet freedom and legal its writers. It is embarrassing to imprison people obligations. This is an approach anchored both for words; to sweep up artists and hold them in the breadth of history and in today’s realities, outside the law; to break the constitutional and one that reflects PEN’s founding and enduring international legal obligations of the state to protect principles. The recommendations offered here are free speech. There can be no honour in causing fair and realistic. We believe these changes can honest men and women to suffer, stripped of their be made. rights for simply saying what they believe. There 3 May 2013 2 Photo: Sarah Hoffman 3 The PEN Report: Creativity and Constraint in Today’s China Executive Summary This report arises out of five years of research including freedom of expression. The report finds, and targeted advocacy on behalf of writers and however, that the number of writers in prison journalists who have been censored or persecuted actually increased that year, and there have for their work in the People’s Republic of China. been three successive waves of crackdowns on It presents PEN International’s findings, compiled by dissident voices since then. There have also been our international researchers and by our colleagues targeted, protracted, and far more widespread on the ground in China, on the ongoing threats to crackdowns in Tibetan regions, the Xinjiang Uighur individual writers and journalists in the country Autonomous Region, and the Inner Mongolian and our assessment of the climate for freedom Autonomous Region, which have severely curtailed of expression in the world’s most populous state. those peoples’ right to express themselves freely. These findings and assessments are echoed and amplified throughout the report in ten essays But this practice of silencing key dissident voices contributed by leading writers from China. in order to discourage more widespread dissent— “killing the chicken to scare the monkeys,” As the Introduction of this report makes clear, according to a Chinese proverb—is less effective PEN International’s concern about the treatment of than ever. Chapter Two, “Pressure From Below,” individual writers in China is connected in no small documents the most important phenomenon part to the experiences of PEN members in China, for freedom of expression in today’s China, the including poet and critic Liu Xiaobo, a founding increasingly assertive voices of Chinese citizens member and past president of the Independent who are finding new ways and using new Chinese PEN Centre and the recipient of the tools to share their experiences and opinions, 2010 Nobel Peace Prize. Liu Xiaobo is serving an including highly critical social and political views. 11-year prison sentence for seven phrases that Their creativity, in communications over digital allegedly amount to “incitement to subversion of media in particular, has been met with an state power.” His freedom, and the freedom of expanding “stability maintenance” apparatus his wife, Liu Xia, who has been held in extralegal, that includes both widespread censorship of the incommunicado house arrest in her apartment Internet and wholesale surveillance of its users. in Beijing since Liu’s Nobel Prize selection was Despite proliferating controls, the Chinese people announced, remains one of PEN International’s have clearly gained ground in their capacity and highest organisational priorities. their sense of freedom to express critical thoughts and ideas, and appear determined to hold and As Chapter One of this report, “Pressure From expand this ground. Above,” makes clear, Liu Xiaobo’s case is far from an anomaly. PEN International has been tracking The same is true in the realm of literature, the the number of writers, journalists, and bloggers subject of the third and final chapter of this report, who are in custody in China for their work since “The Literary Community.” As the career and 2008, the year that Beijing hosted the Summer work of 2012 Nobel Literature Laureate Mo Yan Olympics. To secure those Games, Chinese leaders demonstrate, Chinese authors have expanded the pledged to safeguard and expand essential rights boundaries of discourse as well—though many, 4 Executive Summary ‘in literature as in traditional and new media, new energies toward creation exist side by side with, and are often threatened or obscured by, old habits of suppression’ like Mo Yan himself, walk a careful line to ensure international exchange of literature and ideas.