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By Yang Jianli, July 22, 2017
“The U.S. should implement targeted sanctions against those personally responsible for Liu Xiaobo’s death. The U.S. can use the Global Magnitsky Act as a tool to sanction them—banning them from traveling in the U.S. and freezing their assets in this country—and also encourage its allies to do the same. It should also consider trade sanctions. In addition, the U.S. can honor Liu Xiaobo’s life and legacy by passing legislation to permanently rename the street in front of the Chinese Embassy in Washington DC as ‘Liu Xiaobo Plaza.’”
The world lost a hero when China’s only Nobel Peace Prize laureate, Liu Xiaobo, died of liver cancer in Chinese custody on July 13, 2017.
In life as well as in death Liu Xiaobo represents the best of what China can ever be. He possessed a moral authority unimaginable to his persecutors, and his legacy of love, justice, and sacrifice will surely far outlive the deeds of those who persecuted him. His spirit will be an uplifting and unifying force that will inspire more Chinese people to fight to realize his dream—indeed, the common dream of the Chinese people. To the world, he represents the universal values that all democracies embrace, and he stands for the unwavering struggle of unfree people. Liu Xiaobo is a representative of universal ideas that resonate with millions of people all over the world.
Chinese human rights and democracy advocates had all hoped that Liu Xiaobo would one day complete his unjust prison sentence, and then reengage in his passionate quest for human rights and democracy in China, and also perhaps one day be able to savor the fruits of his life’s work. But instead, he is gone. Now, more than ever, it is critical to demand justice for Liu Xiaobo’s death, to lend a helping hand to assist his widow, Liu Xia, and other members of his family, and to fight in every way possible to honor the legacy of his courage and sacrifice.
Many suspect that the Chinese officials intentionally concealed Liu Xiaobo’s illness from him and his family, and intentionally hastened his death by denying him proper care. Liu Xiaobo’s cancer was reportedly diagnosed on May 23 during an emergency hospital visit because of internal bleeding. However, the news of his late-stage cancer did not become known until late June. During this time, his tumor enlarged from 5-6 cm to 11-12 cm. As early as 2010, Liu Xiaobo was suspected of suffering from hepatitis B, but the Chinese authorities never allowed him to receive a proper diagnosis and treatment. Moreover, Liu Xiaobo reportedly had two CT tests in 2016, which likely would have revealed large liver tumors. Medical parole in China is a political, rather than a medical, decision. In Liu Xiaobo’s case it was up to China’s top leaders to decide. What they chose was a thinly disguised death sentence.
Liu Xiaobo had been held incommunicado since December 2008 until he became terminally ill and was eventually allowed a visit by a German and an American doctor following an international outcry. During his entire imprisonment, he was not allowed to discuss current events, nor the persecutions that his wife Liu Xia and her family suffered. When Liu Xiaobo’s worsening condition became public, 154 Nobel laureates, human rights activists around the globe, and a handful of world leaders called for his immediate release and medical treatment overseas. Liu Xiaobo himself also expressed his wish to seek medical treatment abroad and to die in free country. Tragically, the Chinese regime callously disregarded these requests. After persecuting him for so many years, the regime didn’t give a second thought to denying him his final wish.
Without a doubt, the Chinese communist regime is responsible for Liu Xiaobo’s death. However, the policy of appeasement carried out by democracies towards China’s human rights abuses has made them accomplices to Liu Xiaobo’s slow and stealthy murder. It is a sad and disturbing fact that many leaders of the free world, who themselves hold democracy and human rights in high regard, have been less willing to stand up for those rights for the benefit of others. If the world continues to acquiesce to China’s aggression against its own people, Liu Xiaobo’s tragedy will be repeated, and the democratic ideal and the security of all free peoples will be in jeopardy.
The tragic death of Liu Xiaobo should give all of us a stronger sense of urgency in helping prisoners of conscience of China. It is a legitimate concern that now we can expect more human rights activists will languish and disappear in Chinese prisons: Wang Bingzhang, Hu Shigen, Zhu Yufu, Ilham Tohti, Tashi Wangchuk, Wang Quanzhang, Jiang Tianyong, Tang Jingling, Wu Gan, Guo Feixiong, Liu Xianbin, Chen Wei, Zhang Haitao… the list goes on. If American advocacy for human rights and justice is to mean anything at all, the U.S. government must do more to support these political prisoners and to hold accountable the Chinese government and individuals who so brazenly abuse the fundamental rights of its people.
The U.S. can also do more to help Liu Xiaobo’s family. The Trump administration should make it an urgent priority to help Liu Xia leave China for a country of her choosing. The U.S. should implement targeted sanctions against those personally responsible for Liu Xiaobo’s death. The U.S. can use the Global Magnitsky Act as a tool to sanction them—banning them from traveling in the U.S. and freezing their assets in this country—and also encourage its allies to do the same. It should also consider trade sanctions. In addition, the U.S. can honor Liu Xiaobo’s life and legacy by passing legislation to permanently rename the street in front of the Chinese Embassy in Washington DC as “Liu Xiaobo Plaza.”
To fight for the ideals of human rights and democracy, Liu Xiaobo sacrificed his career, his freedom, and now, his life. But we cannot give up on him. We have to seek justice for Liu Xiaobo’s death at the hands of the Chinese regime, and we have to prevent the tragedy that awaits his widow, Liu Xia, if we do not act immediately to help her get out of China, and we have to preserve the legacy of Liu Xiaobo’s struggle for a democratic and free China.
Yang Jianli (杨建利) is the President of Initiatives for China, a Washington, D. C.-based NGO devoted to promoting human rights and political change in China.
Liu Xiaobo: The Founder of China’s Political Opposition Movements, Wu Qiang, June 30, 2017.
The Path Forward in the Wake of Liu Xiaobo’s Passing, Yaxue Cao, July 16, 2017.
As Liu Xiaobo Dies in Isolation, It’s Time to Abandon ‘Quiet Diplomacy’, Chang Ping, July 18, 2017.
Liu Xiaobo: Walking the Path of Kang Youwei, Spilling His Blood Like Tan Sitong, Wang Dan, July 20, 2017.
Wang Dan, July 20, 2017
“Liu Xiaobo’s death also lays bare a reality we sometimes are reluctant to acknowledge: even the most moderate position, so long as it is premised on constitutional democracy, cannot be accepted by the Chinese Communist Party.”
When I heard that Liu Xiaobo had died, I quickly posted the news on Facebook. So many online friends shared their condolences. One message among them struck me as particularly incisive and worthy of our consideration — this friend said that Liu Xiaobo “walked the path of Kang Youwei (康有为), and spilled his blood like Tan Sitong (谭嗣同).”
Of course, to say that Liu Xiaobo “walked the path of Kang Youwei” is not to say that Liu advocated for constitutional monarchy, but rather that his political position and basic viewpoint were actually quite moderate, just as were those of Kang Youwei in his day. Liu Xiaobo never called for revolution, to the point that he maintained “I have no enemies.” But like Tan Sitong, Liu came to a violent end: persecuted to death for the sake of advancing reform. Sometimes, history does repeat itself.
But Liu Xiaobo’s death also lays bare a reality we sometimes are reluctant to acknowledge: even the most moderate position, so long as it is premised on constitutional democracy, cannot be accepted by the Chinese Communist Party. No matter how moderate the view, no matter how much goodwill its proponents convey, to the CCP he is an “enemy of the state” and must be eliminated as soon as possible. Within and without the system, from former General Secretary Zhao Ziyang (赵紫阳) to the dissident Liu Xiaobo, it has always been thus.
What does this tell us? It tells us that all those who abide in the hope that the CCP will initiate political reform, all those who believe that the CCP will move toward democracy once a certain stage of economic development has been reached, all those who wait on the chance that Xi Jinping will turn out to be an enlightened autocrat—are all wrong, naive, even ignorant. Liu Xiaobo’s death has proven this once again.
This point has profound implications as to whether China’s future transition will bode well for its neighbors and for the world. If China’s ruling party is willing to permit moderate opposition, the transition may be smooth and peaceful; but if the CCP cannot even admit moderate opposition like Liu Xiaobo’s, then the only option is to break away from the moderates, and for hatred to accumulate in society.
If the path to reform is cut off, China will be left with opposition between state and society, and the only way out will be bloody revolution. We certainly don’t want this, but once it happens, China will inevitably plunge into chaos, and that internal chaos will impact neighboring countries and the whole world. This is the profound fear that Liu Xiaobo’s death has given us.
No doubt Liu Xiaobo’s horrific end is the result of the CCP’s total lack of humanity. But as New York University Law Professor Jerome Cohen has pointed out, Western countries are increasingly indifferent to human rights in China, so much so that they have nearly abandoned the issue. This conniving and appeasement is also to blame. Liu Xiaobo’s death will reverberate throughout the international community, emboldening the call to reckon with its policy towards the human rights of the Chinese people. The tragic death of a Nobel Peace laureate, we hope, will prompt those parties and politicians who have cozied back up to China to rethink their relationship.
In other words, Liu Xiaobo’s passing could become a turning point in China’s rise: the CCP, which continues to buy global support with the image of rapid economic growth, must bear the burden of Liu Xiaobo’s death for a long time to come. It will deal a blow to that image and an immense setback for the CCP’s arrogance. We will be glad to see this change, but the price we paid for it was Liu Xiaobo’s life. It is a tragedy of our time.
With his life, with his final breath, Liu Xiaobo gave us this truth—the CPP is the new Nazi Party. I hope this will make the world think.
Wang Dan (王丹) is a leader of the Chinese democracy movement, and was one of the most visible student leaders during the Tiananmen protests in 1989. He holds a Ph.D. in history from Harvard University and has been teaching in Taiwan until recently.
More articles on the passing of Liu Xiaobo:
Liu Xiaobo: The Founder of China’s Political Opposition Movements, Wu Qiang, June 30, 2017.
The Path Forward in the Wake of Liu Xiaobo’s Passing, Yaxue Cao, July 16, 2017.
As Liu Xiaobo Dies in Isolation, It’s Time to Abandon ‘Quiet Diplomacy’, Chang Ping, July 18, 2017.
Translated from Chinese by China Change.
By Chang Ping, July 18, 2017
On July 7, the German professor Markus W Büchler, Chairman of the Department of Surgery, University of Heidelberg, traveled to Shenyang to take part in diagnosing the condition of Liu Xiaobo. Media reports noted that it was the first time in almost a decade that Liu, a Nobel Peace Prize laureate, had seen a foreigner. When I read this line I felt full of grief. The visit of a doctor isn’t anything like that of a friend calling in. Liu Xiaobo was imprisoned for his speech and thought, and apart from the small number of family members who’ve long been under house arrest, no one has been able to see him for all these years. Until he got late-stage liver cancer, when his days on earth were numbered, the only people he was able to see — apart from the doctors, nurses, and a few family members — were the police who had been ordered to keep him under close guard. On July 13, he left the world completely cut off from it.
A group of 154 Nobel Prize laureates signed a joint statement hoping that the Chinese authorities would let Liu Xiaobo and Liu Xia freely see their family, and that Liu be allowed to receive treatment anywhere he wished. UN human rights officials, politicians from around the world, human rights organizations and numerous Chinese citizens have said the same thing. The Chinese government pretends they don’t hear it — like a black hole that swallows everything that enters.
While silencing dissidents and shutting up their supporters, the Chinese government has also started projecting its voice on the international scene. Xi Jinping has been more assertive and bolder than any previous leader in boasting in international fora; Chinese state media has even suggested that he’s going to point toward the future direction of mankind. Buying up media, suppressing foreign journalists, and changing global public opinion have become the Chinese government’s undisguised combat strategies. Angela Merkel is content to chat with Xi Jinping for a long while about pandas at the zoo, but when it comes to a dying Liu Xiaobo, she won’t say a word in public. It’s clearly not that she doesn’t understand, or doesn’t care for Liu Xiaobo, but that she’s being stifled by the Chinese government.
Publicly humiliate the Communist Party, or let the Party publicly humiliate you?
Last week, the Congressional-Executive Commission on China (CECC) held a hearing on human rights conditions in China, which included the remarks of Terence Halliday, co-director of the Center on Law & Globalization at the American Bar Foundation. Halliday said that “At this moment from our longstanding research I have no doubt that when the world speaks out loud and publicly, China listens. China has a very thin skin” (video, 1’33”). Some may see this as publicly shaming to China — but in fact, it’s the Communist Party that has been shaming human rights and democracy. The most Western nations can do is stop or lessen this dishonor.
Would publicly criticizing China have any use? Some would defend Merkel’s failure to publicly mention Liu Xiaobo — that she is making a compromise and getting things done in a low-key manner. Whether it’s getting the Nobel Peace Prize laureate on the brink of death released, or changing China’s authoritarian political system, many people think that “private dialogue” is the most effective path. They even suppose that public pressure will have the opposite of the result intended. Over the past twenty years, the European Union has been holding dialogues on human rights with China quietly, and it is termed “quiet diplomacy.”
But in fact, those who are provided succor are those who have been reported on in the media the most — those who make dictators truly feel the pressure of international public opinion. There are countless unknown victims who have received no lenience since they are so “low key.” In fact, they’re often subject to the most cruel and brutal treatment.
This is not limited to only individual cases. The German scholar Katrin Kinzelbach’s 2014 book “The EU’s Human Rights Dialogue with China: Quiet Diplomacy and its Limits,” traced the development of the EU’s rights dialogue with China from its founding in 1995 until 2010, relying on internal memoranda, a vast array of documents, and extensive interviews with officials from over 20 member states. She spoke with former chairpersons of the dialogue committees and traced the institutional changes in the process. The conclusion of her research was that “quiet diplomacy” exerts almost no positive impact at all on human rights in China. Not only did the dialogue fail to achieve the hoped-for outcome, but it led to the Chinese government holding human rights in more contempt, turning the dialogue into a perfunctory affair and an occasion for them to rebut all questions, criticisms, and suggestions.
China points the world in a dark direction
Two weeks ago Amnesty International, Human Rights Watch, Initiatives for China, International Campaign for Tibet, Human Rights in China, International Society for Human Rights, and Unrepresented Nations and Peoples Organization (UNPO) made a joint statement calling on the European Union to suspend human rights dialogues with China. Their reasoning was that this sort of quiet diplomacy, on a particularly low-level this year, hasn’t improved the circumstances of China’s human rights in China, but instead has become a shield for the EU to avoid a thorny issue.
In her book, Kinzelbach writes that the “quiet diplomacy” strategy of human rights dialogues has shown itself to be weak and ineffectual, and that the only effective policy that Europe had on the issue was the prohibition of weapons sales to China after the June 4 massacre. If it wants to change human rights in China, the EU needs to summon up the courage, truly persevere, and support the immense significance of the human rights cause.
When politicians are laughing together about how cute the pandas are, and silent and unmoved while China’s most prominent dissident is dying in isolation, perhaps what China’s official propaganda mouthpieces have said is entirely accurate: In fact, Xi Jinping is pointing to a new direction for mankind, that is, abandoning the painful development of a political culture that safeguards human rights, democracy and liberty, and instead focusing on success in advanced economics and high technology, establishing an even more barbaric, darker, and despicable society that operates according to the law of the jungle.
Chang Ping is a Chinese media veteran and current events commentator now living in political exile in Germany.
The Path Forward in the Wake of Liu Xiaobo’s Passing, Yaxue Cao, July 16, 2017.
Liu Xiaobo: The Founder of China’s Political Opposition Movements, Wu Qiang, June 30, 2017.
Also by Chang Ping:
One Belt, One Road, Total Corruption, May 18, 2017.
China’s ‘Freedom’ Cage, by Chang Ping, 2015.
We’d Be Satisfied With Any Government!, October, 2015.
A China Change interview with Chang Ping:
Yaxue Cao, July 16, 2017
It was heartbreaking and depressing recently to watch the community of Chinese activists and dissidents, especially friends of Liu Xiaobo, congregating on WhatsApp and frantically thinking of ways to save him. The appeals and statements, and the calls for signatures from a dozen or so sources, sounded like echoes bouncing off the walls that Liu Xiaobo and his wife Liu Xia were trapped behind. For China’s opposition movement, the passing of Liu Xiaobo feels like the climax of a continuous and ruthless campaign of elimination. Now, people are left to pick up the pieces, and they will need time.
I have been pointing out that over the past few years, starting from the now benign-looking crackdown on the New Citizens Movement in 2013, the Party has been carrying out a what I call “targeted elimination” of key activists, dissidents, and intellectuals across the country. In Guangdong, they imprisoned Guo Feixiong, Tang Jingling, and those pesky grassroots street demonstrators. In Wuhan, they put a few key activists in jail; the same was done in Suzhou and Shenzhen. In Xinyu, Jiangxi, they jailed Liu Ping and her small cohort. In Zhengzhou, a nascent, bustling citizen network used to gather frequently — but no more. In Beijing, Xu Zhiyong and key activists in the New Citizens Movement were sentenced, and prominent lawyers such as Pu Zhiqiang, as well as influential intellectuals, have been taken out one way or the other. The Sakharov laureate Hu Jia spent much of the year under house arrest in his Beijing home. Then in 2015, there was the consummate 709 Crackdown that targeted no fewer than 300 human rights lawyers and activists across the country. I can go on with the list, but you get the picture.
Those considered less than “leaders” have been chased around, driven out of their rentals, and subjected to all manner of harassment. Liberal commentators, journalists, and intellectuals have mostly stopped writing, because it has become too dangerous to analyze and reflect on the current conditions and the behavior of the government. Well, even if they write, their writings won’t survive anywhere inside China’s system of omnipresent censorship.
Come to think about it, that this calculated elimination should have come to Liu Xiaobo, China’s Nobel Peace laureate, is only inevitable: how could the Party allow him to walk out of prison in 2020 and instantly become a Mandela or an Aung San Suu Kyi for China’s struggle toward democracy?
With Liu Xiaobo gone, the mood among activists is one of helplessness. I’m surprised how little argument over the statement “I have no enemies” there has been these days, and indeed, how it ceased to be relevant, while Liu Xiaobo lay dying, for it is unbearable, and preposterous, to bring back to mind its central proposal: “to counter the regime’s hostility with utmost goodwill, and to dispel hatred with love.” This statement used to be a lightening rod that sparked heated discussion. If Charter 08 represents a vision of China peacefully transitioning to a democracy, few today think it a viable option.
I was certain from the beginning that foreign governments — the United States and Germany in particular — were not going to do enough to make Liu Xiaobo’s last wish come true: “If I were to die, I’d rather die in the West” (as he said, via Liao Yiwu). They don’t care enough; they are absent-minded; they almost always underestimate the evil of the Chinese Communist Party; and they don’t know what it takes to get the upper hand with the CCP.
I find it particularly grievous that Liu Xiaobo’s close friends were denied a last chance to see him and say goodbye, despite their repeated and heartfelt pleas on humanitarian grounds. They’d have a much better chance entreating humanity from a pack of coyotes. Rubbing salt in the wound, plainclothes agents then played the role of “family and friends” at Liu Xiaobo’s memorial service.
Altogether, I feel that dying and being dead in the Party’s filthy hands is so ignominious that Liu Xiaobo would have been more dignified dying alone in a dungeon somewhere.
What is the path forward? What’s going to happen next in the struggle for democracy? The path forward is that there is no path forward. The Party has been working systematically to block that path: The elimination of key activists has been successful, and they are either in prison or have been rendered ineffective. To keep tabs on a few hundred or thousand activists is nothing for the Party. If you run down the list of the first batch of Charter 08 signatories — all 303 of them — and see where they are and what they have been doing now, you get a sense how this core group of Chinese citizens advocating change has been faring.
Meanwhile, the Party has been working overtime to cage in and lock down incipient civil society in China — an aspiration that has grown out of the economic and social transformations since the 1990s — by passing one draconian law after another from late 2014 to the present. This includes the law on the management of foreign NGOs, the National Security Law, the Internet Security Law, the revised Criminal Law, the Charity Law, the Counter-Terrorism Law, the counter-espionage law, and more recently, the draft Intelligence Law.
On July 15, Liu Xiaobo’s ashes were given a sea burial off the coast of Dalian and his widow and relatives had their arms twisted to obey the Party’s orders. Since then, a Chinese phrase, “crush the bones and toss the ashes” (挫骨扬灰), has sprung to the mind of many as the most apt description for the Party’s animus. It means that one is so hated that his bones must be ground up and his ashes cast away. Applying it to Liu Xiaobo, it is at the same time literal and true of the Party’s fear of both the man and what he symbolized.
Liu Xiaobo may not have enemies, but the despots in China know very well who their enemies are.
Yaxue Cao edits this website. Follow her on Twitter @yaxuecao
Liu Xiaobo: The Founder of China’s Political Opposition Movements, Wu Qiang, June 30, 2017
Wen Donghai, July 6, 2017
With the second anniversary of July 9, 2015 approaching, and as someone who has witnessed it first hand and served as the defense lawyer for one of the prominent 709 detainees, I’ve racked my brains about what to say. I feel that I have so much to say — but at the same time, it seems that only being as quiet and still as a mountain could truly encompass the full meaning of the 709 Crackdown.
Naturally, the first people I was worried about when the crackdown began were my client Wang Yu (王宇) and her family. Prior to 709, she was extremely active as a human rights lawyer, gaining the nickname “Goddess of War” (战神) for her fearlessness. The 709 incident seemed designed to shatter this legend, and so in the early hours of July 9, 2015, the shocking, flagrant conspiracy that was the 709 incident began to unfold, with Wang Yu bearing the brunt of the impact as the first to be snatched away. Wang Yu was at home by herself that night, having just seen off at the airport her husband Bao Longjun (包龙军), and their son Bao Zhuoxuan (包卓軒). A group of men began idling about outside her home, and when she yelled out asking who they were, they shrank away and kept quiet. About an hour later, when she was unable to raise her husband and son on the phone, and just beginning to get anxious, the lights in her apartment suddenly went out. Her internet was also cut. The harsh buzz of an electric drill shattered the silent darkness and within a few minutes the lock had been drilled out, falling to the ground. A gang of men rushed in, shoved her onto the bed, and snapped a cold pair of handcuffs on her hands, twisted behind her back. She was hooded and hauled out into a waiting vehicle, then taken to a facility whose location is unknown to this day. There, they drew a circle around Wang Yu’s spot on the bed: for several weeks, she had to sit with her legs crossed in the circle, and if she left it would be screamed at or beaten.
In the month that followed, Zhou Shifeng (周世峰), Li Heping (李和平), Xie Yanyi (谢燕益), Xie Yang (谢阳), Wang Quanzhang (王全璋), Sui Muqing (隋牧青) and another few dozen human rights lawyers lost their freedom one after another. I myself was one of the 300 or so lawyers and activists around China who were summoned, interrogated, and temporarily detained. I was warned away from paying any attention to what happened to Wang Yu, Zhou Shifeng, or anyone else.
Fortunately, after the majority of the lawyers overcame the initial sense of terror, they bravely announced that they wouldn’t be cowed. Other lawyers also began joining the ranks of those willing to defend their persecuted colleagues, and thus began the tenacious work of rescuing detainees. The obstacles facing the lawyers were formidable: many were unable to even see their clients from beginning to end; they were illegally told by police that they’d been fired; the atmosphere of terror was constant and nagging; the 709 defense work required groping in the dark given that little information about the detentions was available; and the 709 detainees’ wives and children were swallowed in anxiety by the unfathomable unknown. But despite all this, the 709 defense lawyers and their families didn’t shrink from the fight. From the beginning they were awaiting the arrival of dawn. It’s this persistence that will stand as a monument to the honor of China’s human rights lawyers as a whole.
Every step in the resistance of 709 lawyers and activists has been a trial, and it’s far from over. There is still no news about Wang Quanzhang, and his safety is now our greatest concern; Jiang Tianyong has been given a brutal lesson: the mercy he hoped to receive from the police through a confession led instead to harsher criminal charges, again proving that it’s futile to harbor any illusions about the authorities. Wu Gan (吴淦) set a courageous precedent by refusing to give quarter, adding more dignity to the last part of the 709 resistance. Then there is the long list of others – Zhou Shifeng, Hu Shigen (胡石根), Zhai Yanmin (翟岩民), Gou Hongguo (勾洪国), Wang Yu, Bao Longjun, Li Heping, Xie Yanyi, Xie Yang, Zhang Kai (张凯) — who have either been sentenced to actual prison, or been given suspended sentences under strict control, or been let out on a “probation” that amounts in fact to house arrest…
Although there’s often a great deal of disagreement in the Chinese legal field about how to categorize a human rights lawyer, there is simply no doubt that 709 lawyers are the true heirs to this title. Their efforts give real meaning to to the vocation of a human rights lawyer, and their comportment in the face of power shows the strength of character of those in their field. Because of the 709 lawyers, China’s human rights lawyers now have clear values to pursue.
With this understanding in mind, I begin to imagine that, in the years to come, there won’t be such a thing in China as a “human rights lawyer,” because as soon as the values pursued by human rights lawyers are internalized by China’s legal community as the universal standard of professional conduct, every lawyer will have become a human rights lawyer. The only distinction will be whether or not a lawyer has the fortune of coming across a case in which rights must be safeguarded, and whether they discharge their responsibility to see it to the end.
Human rights lawyers are guardians of fairness and justice. Their success in this role comes for their proactive involvement in public affairs and the positive leadership role they play. Some people have said that lawyers are manufacturers of public incidents — but I disagree. Public incidents don’t need lawyers to manufacture them; they arise naturally in society. The key is that lawyers can get involved in public affairs, and through their professional activities, knowledge, and experience, to a certain extent guide public discussions. Or to put it another way, lawyers are creators of public discourse — but they don’t manufacture public incidents. It’s precisely through participating in matters of public interest that they’re able to guide the discourse, and thus truly safeguard fairness and justice.
To an extent, human rights lawyers are dispute resolvers; strictly speaking, however, the resolution of disputes should ultimately rely upon the healthy operations of an independent judicial system — not merely the skill of lawyers. In actuality, the correct designation for lawyers is “a defender of the interest of the client,” and in this regard human rights lawyers are no different. There are particular circumstances under which lawyers, in order to safeguard the interests of their client, are forced to create a certain level of dispute so that the process of resolving the dispute results in a reparation to the party whose interests were harmed.
Human rights lawyers are entirely worthy of the title of human rights defenders. The rights of the lawyer, indeed, come from the basic rights accorded to any specific individual; and if the fundamental rights of the individual aren’t protected, the rights of the lawyer won’t be respected. But the defense of human rights is the responsibility of all people; lawyers are at the forefront of this defense of rights, as a result of the nature of the profession itself. Just as in the realm of environmental protection, which in the same fashion requires a group of experts getting involved to protect the environment.
Mostly, human rights lawyers defend personal rights, so they are inevitably on guard against the power of the state. Most of the attacks against human rights come from the abuse of state power. The 709 lawyers are worthy of the title of human rights lawyers because of their fearless exertions in balancing against the power of the state, and for their attempts to establish anew the proper balance between the state’s rights and individual rights in China.
Human rights lawyers should be the advocates of policies and the proponents of democracy. If they do so, of course, they will have entered the realm of politics — at which point they won’t merely be lawyers. This is just the same as how many social activists are also journalists, writers, scholars, or even regular citizens, simply adopting different roles in different contexts. In the case of lawyers, however, the law in which they believe and the political system are necessarily connected, making them natural-born politicians. Lawyers are often more apt than other professionals to take an interest in political affairs, and to use their knowledge and natural political acuity to get involved in public and political matters.
China’s human rights lawyers have gone through a stage of significant growth and transformation in the roles they play. Before the 709 incident, the majority of them avoided from commenting on political affairs, or kept away from them, whether deliberately or subconsciously. Indeed, lawyers would often try to turn political questions into legal ones, legal questions into professional ones, professional questions into procedural ones, and then engage in the minute analysis of procedure.
The initial form of human rights lawyers in China was the “diehard lawyer” (死磕律师). Even though the majority of “diehard” lawyers didn’t particularly want to touch cases that officialdom had designated “politically sensitive,” they were willing to walk into the Communist Party’s courts and use the Communist Party’s laws to hold forth a robust and courageous resistance. Through this, they won widespread social approbation. This circumstance was possible because at the time there was still a limited space for legal resistance. But after the 18th Party Congress, and in particular in the post-709 China, the Communist Party has severely rescinded the space for so-called “legal resistance,” replacing it instead with violent repression and power. This, conversely, led more lawyers to see clearly for themselves the true face of the slogan that the Party is “ruling the country according to the law.” They began to think over the root cause of all this. And as this took place, human rights lawyers began to slowly emerge into the view of the public. While the Party tried to besmirch their reputations and persecute them, they won the recognition of a wider and wider swathe of the public, and the number of supporters continued to swell. Even though the activities of human rights lawyers have been severely restricted by the authorities, the persecution has helped them reach a far greater audience, and has enhanced their reputations across society.
The direction taken by human rights lawyers in China will test how civilized the country becomes. If China undergoes a democratic transition in the near future, a portion of these lawyers will inevitably be set on the path of professional politicians, while others will continue in their role as lawyers, becoming even more professional. Moreover, they’ll increasing depart from being “human rights lawyers,” because a truly civilized country doesn’t require that many rights lawyers — only a country that engages in constant human rights abuses, and which also maintains a minimal degree of social openness, leads to the proliferation of human rights lawyers as a professional group.
Upon the occasion of the second anniversary of the 709 crackdown, this article is offered merely as a call to remember. I continue to believe that the steadfast pursuit of values will become the direction towards which China’s lawyers develop, and only that attitude is appropriate to lawyers in a civilized country.
I give my respect to Wang Quanzhang, Jiang Tianyong, Wu Gan, and the many, many other 709 lawyers and activists, as well as all the older generation of human rights lawyers!
Wen Donghai (文东海)
July 6, 2017
Wen Donghai is a human rights lawyer based in Changsha, Hunan province.
The Vilification of Lawyer Wang Yu and Violence By Other Means, July 27, 2015.
Translated from Chinese by China Change.
Wu Qiang, June 30, 2017
These actions show that Liu Xiaobo is not only a hardworking dissident author, but also a leader and organizer of political opposition. His superb leadership ability and political acumen allowed him to establish, during the course of the first decade of the 21st century, in a strict authoritarian environment, a movement that inherited the spirit of the Tiananmen democracy movement, an organizational network, and a nationwide opposition platform. In each instance he changed the pessimistic attitude people had toward the political “circumstances,” and helped Chinese citizens stop waiting around and watching from the sidelines, instead inspiring them to actively work for change themselves. — Wu Qiang
The news of Liu Xiaobo’s (刘晓波) terminal liver cancer emerged over the last few days on Chinese social media and in the international press and, remarkably, was met with official confirmation. Amidst the shock and grievance, an open letter by Chinese intellectuals, dissidents, and activists has been published demanding that Liu be released to receive medical treatment. Many are now wondering: How will the 2010 Nobel Peace Prize laureate spend the final days of his life? Will he be able to actually receive the prize from the Norwegian Nobel Committee? Will his life and death alter China’s destiny? In particular, in the crucial period before the Chinese Communist Party’s 19th National Party Congress this fall, the deterioration of Liu Xiaobo’s health, as well as his status as a political symbol, have become sensitive questions that could play a role in political developments and have potentially explosive implications.
It must, of course, be acknowledged that accurately evaluating Liu Xiaobo’s political contribution and assessing the impact of his death is exceedingly difficult. The influence of Liu Xiaobo on the minds of the majority of the Chinese citizenry isn’t as great as his supporters sometimes imagine. The older generation is likely to have a vague impression of him being maligned by the government after the June 4 massacre as a “black hand behind the scenes,” while younger people are apt to have no idea at all who he is — just as they have no memories of the Tiananmen movement itself.
Even in the world of Chinese political activists, opinions on Liu Xiaobo are polarized, and this has to a large degree also impacted his exposure among the public. The most controversial item is no doubt the last sentence of Liu’s statement, delivered to the court on November 23, 2009 (and later adapted as his Nobel acceptance speech in absentia): “ I Have No Enemies.” A significant number of committed democracy activists in China have for years strongly maintained that this pledge was no less than Liu’s capitulation. They facetiously call him “No Enemy Liu,” and dismiss his path of nonviolent resistance. This, however, is precisely why the Norwegian Nobel Committee thought so highly of him, and it’s likely also the reason that so many Chinese activists are proud of him and see him as China’s own Mandela, Ghandi, Aung San Suu Kyi, or Xanana Gusmão. Though it also led to another view, which was that the civil society in China has no need to call for Liu’s amnesty, as this would simply be an acknowledgement of the legitimacy of the sentence against him. This has been a view propagated precisely by the activists who purportedly support Liu.
The result of all this has been that, while Liu Xiaobo spent nearly a long decade in jail, not only was his wife Liu Xia (刘霞) put under house arrest and isolated by the authorities, but the so-called Liu Xiaobo supporters, who supposedly had “no enemies,” created a conceptual rift between Liu Xiaobo and the public. They not only failed to proactively expound on his theories of nonviolent resistance — the failure to do which goes against what Liu stood for in the first place — but in fact ended up playing the role of isolating him, and dampening the awareness of his political contribution among the Chinese citizenry. It must be observed, of course, that this circumstance to some degree reflects the fragmented and chaotic state of opposition politics, and the attenuation of civil society in post-2008 China, when Liu was detained and jailed. For all these reasons, evaluating afresh Liu Xiaobo’s remarkable contribution to Chinese opposition politics, including from the perspective of the Norwegian Nobel Committee when they gave him the prestigious award, will be a profitable exercise.
December 10, 2010, was the two year anniversary since Liu Xiaobo’s involvement in the “Charter 08” movement; it was also the United Nations’ Human Rights Day; and it was the day that the Norwegian Nobel Committee left an empty chair for Liu Xiaobo at the ceremony in which they awarded him the Nobel Peace Prize. The award ceremony speech recollected the history of Liu Xiaobo’s activism, from the 1989 Tiananmen student protests to the “Charter 08” movement, and praised him for his commitment to nonviolent activism; on this topic the chairman of the committee quoted Liu’s own words: “The greatness of non-violent resistance is that even as man is faced with forceful tyranny and the resulting suffering, the victim responds to hate with love, to prejudice with tolerance, to arrogance with humility, to humiliation with dignity, and to violence with reason.”
This is obviously an entirely appropriate summation and praise of Liu Xiaobo’s struggle for human rights — and yet, it still doesn’t fully make clear the special contribution Liu made to promoting resistance in China and political transition over the over 20 years since 1989. Liu is closer to an Aung San Suu Kyi than a Mandela, who at one point embraced armed resistance, or a Gusmao, the leader of East Timor’s resistance movement. Liu’s work far exceeds either the narrow praise or attacks afforded it by his typical supporters and critics. Liu Xiaobo’s contribution and influence has successors among today’s social and political activists. Every year during the June 4 memorial in Hong Kong, the seed that Liu planted can be seen, grown and blooming once again.
Simply put, when he was released from prison the second time in 1999, Liu picked up the pen instead of the sword, quickly becoming an active voice for political dissent. But more importantly, in the short period in which he was free, he was involved in the founding of three movements and organizations that were the embryonic form of China’s political opposition — this is what gives Liu his stature as China’s equivalent to a Mandela-type political figure.
Firstly, in 2000 Liu Xiaobo helped Ding Zilin (丁子霖), Zhang Xianling (张先玲), and others, to initiate the “Tiananmen Mothers” (天安门母亲) movement. By 2004, 15 years after the Tiananmen movement, Tiananmen Mothers had collated a name list of 126 mothers of those killed; on May 16 of that year, 40 Tiananmen Mothers mourned together in a joint ceremony. The significance of this was that it turned what was in 1990 a small-scale group of mothers who were petitioning and writing appeals, into a social movement that enjoyed widespread public support and international currency. Tiananmen Mothers persists to this day, having become something like the Chinese version of Argentina’s “Mothers of the Plaza de Mayo.” This is just an example of the precious value of the example set by Liu’s nonviolent ideals that encourages more and more mothers and wives of human rights victims to join the struggle — the latest manifestation of which is the group of wives of the “709” human rights lawyers.
Secondly, in 2001, Liu Xiaobo and the exile democrats Bei Ling (贝岭), Meng Lang (孟浪), and others, together established what would become the Independent Chinese PEN Center (独立中文笔会); he also served as its president for two terms. It was an attempt to appeal to the widest possible number of Chinese political dissidents and writers. He turned the Center into a meeting ground for China’s rights defense activists and political dissidents, and planted the seed for China’s opposition movements and online presence.
Thirdly, in 2008, 60 years after the Universal Declaration of Human Rights was promulgated, 30 years after the Xidan Democracy Wall movement, and 10 years after China signed (but did not ratify) the International Covenant on Civil and Political Rights, Liu Xiaobo, Zhang Zuhua (张祖桦) and others, in imitation of Czechoslovakia’s “Charter 77” movement, initiated a “Charter 08” for China. The goal was to mobilize, to the maximum extent, China’s forces of political opposition and to initiate a “gradual, peaceful, orderly, and manageable” transition to constitutional governance. Liu Xiaobo was arrested for this, charged with “inciting subversion of state power,” and sentenced to 11 years imprisonment.
These actions show that Liu Xiaobo is not only a hardworking dissident author, but also a leader and organizer of political opposition. His superb leadership ability and political acumen allowed him to establish, during the course of the first decade of the 21st century, in a strict authoritarian environment, a movement that inherited the spirit of the Tiananmen democracy movement, an organizational network, and a nationwide opposition platform. In each instance he changed the pessimistic attitude people had toward the political “circumstances,” and helped Chinese citizens stop waiting around and watching from the sidelines, instead inspiring them to actively work for change themselves.
Some of these activities were publicized and learned about abroad, while others were kept quiet, and only those deeply involved knew what really happened. The organizers were as circumspect and low-key as Liu Xiaobo — silently and diligently working away in the post-1989 period of social transformation, advocating gradual transition like Liu Xiaobo. They gradually but steadfastly got past the muddled sense of opposition they felt during the 1989 movement, the vague “self-reflection” they went through in the early 1990s. They bid farewell to the often noisy and chaotic “overseas democracy movement” set off by the Xidan Democracy Wall and followed by large-scale exile after 1989. Instead, they worked to build the framework, in the era of China’s economic takeoff, social transformation and Internet, for a clear and purposeful opposition movement that would have a far-reaching impact on China’s development and the direction of its future political transition. Liu Xiaobo led this transition of China’s political opposition, exactly the way he abruptly left the U. S. as a visiting scholar in the later half of the 1989 student movement to exercise leadership. In both instances, his actions were rooted in mature thinking.
More valuable again was Liu Xiaobo’s continued insistence on non-violent resistance and political opposition, despite being sentenced to 11 years in prison. This is the dual meaning of Liu’s “I have no enemies” statement: persevering in non-violent resistance — rather than adopting a “fight to the death” style — is the only way to preserve space for political opposition in a highly authoritarian state, as well as to preserve the flexibility, possibility, and longevity of the opposition movement. Characteristic of this is Liu Xiaobo’s insistence in court of upholding Article 35 of the Chinese constitution, regarding the rights to freedom of speech, the press, assembly, organization, marches, and demonstrations. In so doing he turned the criminal accusations against him into a political defense of his own constitutional rights and an examination of the judicial system. This is another important way for political opposition movements in China to engage in lawful struggle.
Apart from being welcomed by the opposition movement itself, this mode of resistance also has a strong appeal to the wider Chinese citizenry, including the burgeoning middle class, whose pursuit of the “good life” and social order it fits in well with. As Walter Benjamin writes in Theological-Political Fragment, the secular order founded in and oriented around the good life is constituted by a value outlook based on love, lenience, humility, dignity, and rationality — it transcends the relationship between the public and the sovereign or its police agents, as well as the ruling structure. This spirit was continued in the “New Citizens Movement” (新公民运动) of Xu Zhiyong (许志永) and others. That movement emphasized “liberty, justice, love” and was an attempt to, through the concept of “transparent, constitutional government” and the demand for “equality in education,” and so on, mobilize a growing urban middle class, and transform them into a new political force.
Thus, precisely in an authoritarian, materialist state full of human rights abuses, Liu Xiaobo’s voice in the courtroom that “I have no enemies,” injected into China’s human rights struggle and political opposition the Buddhist-inspired spirit of compassion of Aung San Suu Kyi, a spiritual power that shows a specially Asian character in its vision of the struggle for human rights and the transition to democracy. This was not only enough to sustain Liu through his imprisonment; it will also become part of his precious moral heritage and political legacy; it will win him wider public support; and it will have a long-lasting influence on the future of political opposition in China.
Dr. Wu Qiang (吴强) holds a Ph.D. in political science from the University of Duisburg-Essen in Germany. He is a researcher of social movements and a freelance writer.
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Translated from a revised version of this article: https://theinitium.com/article/20170628-opinion-wuqiang-liuxiaobo/