Home » Civil Society (Page 2)
Category Archives: Civil Society
Weather the Dark Storm, Persevere for Rule of Law in China — A 2019 New Year’s Message From the China Human Rights Lawyers Group
The China Human Rights Lawyers Group, January 1, 2019
2018, the year of Wuxu (戊戌), is slipping into history. Over the past 120 years, Wuxu has always been an eventful year. In 1898, four years after China had lost the First Sino-Japanese War, the Hundred Days’ Reform failed, and six of its chief advocates, among them Tan Sitong (谭嗣同), paid the price in blood at their public beheading. In 1958, another year of Wuxu, the Great Leap Forward and the people’s communes was to bring on the world’s greatest famine that would result in tens of millions of deaths.
Indeed, China in the year 2018 bears little resemblance to the China of 1958 and 1898. Four decades of economic reform have seen China’s GDP rise to second place among the world’s nations. At the same time, there are many deeper issues and structural challenges to face. The Sino-U.S. trade war, coming as an onslaught from without, represents the conflict of universal values in China’s troubled integration with international society. Internally, China has been plagued by serious and chronic social ills — forced demolition, widespread petitioning, “stability maintenance,” wrongful charges, and judicial corruption — at the heart of which lie the inescapable questions concerning rule of law, constitutional government, freedom, and democracy.
Though the circumstances differ, the three years of Wuxu in the last 120 years share one common trait: societal change. And the underlying change is one of transition, from the closed society and “rule by man” (人治, as opposed to rule of law) to an open society, governed by law, that respects the rights of its citizens.
The process of taming power with rights is a long and painful one. Indeed, China has yet to complete its “great shift unseen over the past 3,000 years” (三千年来未有之大变局) described by the late-Qing minister Li Hongzhang (李鸿章) in his desperate attempts to right the ship of state.
2018 saw the outbreak of the Changsheng vaccine scandal, which once again tested the deteriorating moral of Chinese society. We loathe unscrupulous corporations that sacrifice everything for profit, even at the cost of endangering public safety; we abhor even more the authorities, who take taxpayers’ money but fail to perform their duties. The vaccine scandal is the latest of many chilling reminders that we are still far, far away from efficient and uncorrupt administration; and that a comprehensive market economy governed by law has continued to elude us.
This year, we have witnessed a number of laws drafted or amended, including the Constitution, Supervision Law, Criminal Procedure Law, Police Law, Law of the People’s Republic of China on the Protection of Heroes and Martyrs, Regulation on Religious Affairs, and the like. Put together, they evidence an alarming trend: the government continues to expand its power and suppressing individual rights.
This year, human rights lawyers have suffered another wave of crackdown following the 709 mass arrests of 2015. This time, the crackdown has been more deceptive and underhanded, making use of administrative channels to restrain practitioners of law. Lawyers saw their licenses suspended or revoked. Some were forced to temporarily discontinue their legal practices, submit to investigation, experienced troubles in their annual administrative inspections, or met with interference from the judicial and administrative authorities that prevented their re-employment by other law firms.
From the brazen arrest of lawyer Yu Wensheng (余文生) earlier in the year, to the court hearing at year’s end that saw the revocation of Liu Zhengqing’s practicing license, 2018 has seen a long list of human rights lawyers being disbarred or soon to be disbarred, or otherwise suspended, including Yu Wensheng , Sui Muqing (隋牧青), Wen Donghai (文东海), Ma Lianshun (马连顺), Qin Yongpei (覃永沛), Xie Yanyi (谢燕益), Chen Keyun (陈科云), Li Heping (李和平), Wang Yu (王宇), Zhang Kai (张凯), Liu Xiaoyuan (刘晓原), Zhou Lixin (周立新), Cheng Hai (程海), Hu Linzheng (胡林政), Zeng Wu (曾武), Chang Weiping (常玮平), He Wei (何伟), Chen Jiahong (陈家鸿), Li Jinxing (李金星), Yu Pinjian (玉品健), Liu Zhengqing (刘正清), Lin Qilei (蔺其磊), Yang Jinzhu (杨金柱), and more.
In 2018, we have seen increases in willful use of police summons and arbitrary disappearances.
Dong Yaoqiong (董瑶琼), a woman from Hunan, disappeared without a trace and later ended up in a psychiatric hospital. Another three young women — Shen Mengyu (沈梦雨), a master’s graduate at Zhongshan University who participated in the Jasic labor rights protest; Yue Xin (岳昕), a graduating senior at the Peking University who also voiced her support for Jasic workers, and Yang Shuhan (杨舒涵), a current student at the Renmin University — have been either disappeared or silenced. These young women have stood out with their kindheartedness, determination, independence and courage.
The “re-education centers” in Xinjiang have attracted international condemnation. Without any doubt, these mass violations of personal freedom fly in the face of the human rights guaranteed in the Chinese Constitution. They must be ended.
We have observed more and more incidents of police checking identification or phones at will, or engaging in other so called “law enforcement” activities that are in fact gross violations of human rights. We have also seen police carry out illegal acts, such as breaking into residents’ homes for inspection, summoning individuals on an arbitrary basis, or violently dispersing migrant workers. These acts have left us feeling fearful and apprehensive.
Renowned dissident Qin Yongmin (秦永敏) was given yet another severe sentence, and Ms. Xu Qin (徐秦) was unlawfully detained for months. We have also seen a deluge of farcical trials in the cities of Suzhou and Fuzhou against citizens who sought to defend their rights, and reprisals or abuse against civil rights activists who refused to plead guilty, such as Ge Jueping (戈觉平), Wu Qihe (吴其和), and Zhu Chengzhi (朱承志).
Following the terror of 709 crackdown, Mr. Xu Lin (徐琳) in Guangzhou wrote songs to rally morale and has been imprisoned since; Liu Feiyue (刘飞跃), Zhen Jianghua (甄江华), and Sun Lin (孙林) were punished for citizen journalism. We saw how the 85-year-old mother of another citizen journalist Huang Qi (黄琦) desperately sought support far and near after her son was framed and charged with “provoking quarrels,” and how Zhang Pancheng (张盼成), a security guard at Peking University who came from a humble family, began to speak of an awareness of rights that few students seem to care about or dare to voice.
We have borne witness to the abhorrent behavior of a policeman surnamed Chen working at the Hualin Police Station in Guangzhou, who stripped the clothes off female lawyer Sun Shihua (孙世华) under the pretext of “law enforcement.” We have seen the incident treated with the cover-ups typical of bureaucracies such as the procuratorate, supervision commission, disciplinary inspection, judicial administration, and lawyers’ association, as well as the arrogance of the Liwan police, who instead of going after the culprit, issued administrative penalties to Sun Shihua the victim. We feel pain and helplessness at her plight, yet deep in our hearts is the firm belief that Chen and the officials shielding him will eventually have their shameful acts recorded in the annals of China’s legal history.
At year’s end, WeChat accounts were deleted en masse, Twitter users were forced to delete their feeds and accounts, and freedom of speech in general is coming under more vicious attacks in China. Religious freedom has also suffered, as most recently evidenced by the sudden arrests of Early Rain Covenant Church members in Chengdu, Sichuan, among many other incidents.
The day after Christmas, Tianjin No.2 Intermediate People’s Court held a closed trial of lawyer Wang Quanzhang (王全璋) citing state secrets, eschewing all pretenses of law. This forms a sharp contrast to the creative protest of the 709 wives—Li Wenzu (李文足), Wang Qiaoling (王峭岭), Yuan Shanshan (原珊珊), and Xu Yan (许艳). Their slogan “We can be hairless, but you can’t be lawless” will become a legal maxim for the ages. [发, hair, has a similar sound to 法, law]
2018, this year of Wuxu, was a year filled with extreme challenges.
What’s to be done? Shall we cower the corner and find solace in temporary efforts, or shall we confront the reality and pursue the rule of law regardless how the storm of tyranny rages? We are faulted and accused at every turn, thwarted before even taking a single step. Yet as pioneers of our time, we must march on, making the best of the situation. Like the sun and moon moving on their celestial courses, like rivers flowing to the ocean, we stand firm in our conviction that constitutional government, democracy and human rights will become reality in the face of adversity. The ideal of rule of law is our motivation and what keeps us from despair.
Because of our ideals, human rights lawyers didn’t shy away from pressure and continued to defend Qin Yongmin,Tashi Wangchuk (扎西文色), Huang Qi, Jin Zhehong (金哲宏) and other cases deemed politically sensitive. For us human rights lawyers, there are only legal cases, and there are no such thing as “sensitive cases.”
In 2019, four years after the 709 crackdown, we will welcome the release from prison of two human rights lawyers, Tang Jingling (唐荆陵) and Jiang Tianyong (江天勇).
In 2019, we hope to see the freedom of another four human rights lawyers: Wang Quanzhang, Yu Wensheng, Li Yuhan (李昱函), and Chen Wuquan (陈武权). Whether in terms of Chinese law or international conventions, there’s no legal ground for the accusations they face.
We hope that the laws on the books can be followed, and not manipulated by those in power.
We hope that no more human rights lawyers find their practicing licenses revoked for any excuse.
We hope to put an end to the arbitrary summons, detentions, forcible disappearances, and other gangster tactics employed by the authorities. We hope that police can exercise self-control and refrain from acting on their whims. We request that police officer Chen at Hualin Police Station turn himself in, that the Guangzhou police remove him from his post, and that he face a penalty appropriate to his misdeed.
Going into 2019, we look forward to the vindication of moe, and hopefully all wrongful charges. We hope that an effective mechanism can be established to eliminate and correct unjust rulings. We hope that “picking quarrels” and “extorting government” will no longer be used as grounds for prosecuting petitioners and human rights activists. These charges are absurd, unreasonable, and an assault on the rule of law. While these actions of the authorities may have some immediate suppressive effect, in the long run it will serve only to intensify conflicts between the government and the governed. The consequences will be disastrous.
The life mission of any lawyers is to uphold justice in their cases. We as human rights lawyers will continue to practice, representing all kinds of clients, including those deemed politically sensitive. We will use our work to promote the causes of constitutional government and rule of law. We face many storms ahead and the path is fraught with peril and uncertainty. Yet we forge on, duty-bound to the mission of justice. There is no going back! Our determination in the face of impossible odds will drive us forward, persevere through the storm for the sake of a better China. This is the choice we made, our predestination and mission.
The China Human Rights Lawyers Group
December 31, 2018
The China Human Rights Lawyers Group was founded on September 13, 2013. It is an open platform for cooperation. Since its founding, members of the group have worked together to protect human rights and promote the rule of law in China through issuing joint statements and representing human rights cases. Any Chinese lawyer who shares our human rights principles and is willing to defend the basic rights of citizens is welcome to join. We look forward to working with you.
Lawyer He Wei (何伟), Tel: 18523069266
Lawyer Lin Qilei (蔺其磊), Tel: 13366227598
Lawyer Shi Ping (施平), Tel: 15515694755
Lawyer Wang Qingpeng (王清鹏), Tel: +1 (425)7329584
Lawyer Xie Yang (谢阳), Tel: 18673190911
Pastor Wang Yi, December 24, 2018
In line with the teachings of the Bible and the mission of the gospel, I respect the leaders that God placed in power over China, because the coming and going of kings and leaders is all His hands. In this vein, I shall obey the arrangements God has made for Chinese history and its government.
As a pastor of the Christian church, my starting point is the Bible, and I have my own understanding and views on society, politics, and law, as well as on the proper definitions of justice and benevolent governance. I abhor the Chinese Communist Party’s persecution of the church, how it deprives people of their right to free faith. However, it is not my calling to bring about changes in politics or society, and neither is this the meaning of the Good News that God brings to his people.
All the ugliness of reality, with its political injustices and arbitrary application of the law, show that the cross of Jesus Christ is the Chinese people’s sole hope for salvation. It also shows that true hope and perfect human society cannot come about through any change in secular politics or culture—only through the forgiveness of human sin by Jesus Christ can man gain eternal life in Heaven.
As a pastor, my faith in the gospel and my teachings for the masses, as well as my condemnation of all sins, come from Christ’s command in the gospel, out of His unmeasurable love. Human life is so short. God is eager to command the church to lead and allows anyone to repent so long as they are willing. Christ is willing, and so urgently waiting, to forgive all those who turn from sin. This is the mission of all the work that the church is doing in China. It is to, before this world, bear witness to Christ, to bear witness to the kingdom of heaven before the Chinese, and to bear witness to the eternal life of heaven before the short life of the earth. This is my calling as a pastor.
For this reason, I accept and respect the CCP’s political power as a temporary state allowed by God. As the Lord’s servant John Calvin said, a tyrant comes as God’s punishment for the wicked, with the purpose being to urge the people of God to repent. For this, I am willing to physically obey the rules of their law enforcement as a form of discipline and ordeal from the Lord.
At the same time, I must make it clear that the Communist regime’s persecution of the church is a heinous crime. As a pastor of the Christian church, I must resolutely and publicly condemn these sins. My calling also requires me to transgress all human laws, albeit nonviolently, that violate the Bible and God’s commandments. Christ, my Savior, also asks me to joyfully bear all the consequences that come with the transgression of these evil laws.
This, however, does not mean that my personal and clerical disobedience is a political act in the sense of rights defense or civil disobedience, for I have no intention to change any of China’s institutions or its laws. As a pastor, the only thing I care about is disobedience commanded by faith, a resistance that can bring a jolt to mortal sinners and serve as a testimony of the Christian cross.
As a pastor, my resistance is part of the Gospel mission. The great mission of Christ requires our great resistance in the face of worldly adversity. The purpose of resistance is not to change this world, but to bear witness to another world.
The mission of the church is simply to function as a church; it is not to be part of any secular institution. Speaking in a passive sense, the church must separate itself from the world and avoid letting itself be institutionalized by worldly influence. At the same time, all actions of the church are but efforts to prove to this world the reality of another world. The Bible teaches us that we can only obey God, not people, in matters concerning the gospel and human conscience. Therefore, disobedience out of faith and the resulting physical endurance are the ways we witness another, eternal world and the glory of its sovereign.
This is why I have no interest in changing any political and legal institutions in China. When or whether the CCP’s policies of persecution against the church will change is of no concern to me. No matter the regime, whether today or tomorrow, as long as the secular government continues to persecute the church and violate the human conscience, which belongs to God alone, I will continue my resistance as one of the faithful. Because all the missions that God has given me are manifested through the sum of my actions: I act so that more Chinese may understand that the hope of mankind and society lies only in Christian redemption of Christ, in the supernatural grace of God.
If God decides, by way of the CCP regime’s persecution of the church, to lead more Chinese people to a state of despair, make them experience the disillusionment of faith, so that they will come to know Jesus, overcome hardships, and build their own church, then I am very happy to obey God’s arrangements, because His are always loving and perfect.
It is precisely because in all my words and deeds I neither seek nor expect any changes in society or politics, I am no longer afraid of the powers that govern them. For the Bible teaches that God’s authority, by which governments are established, is something to be feared by those do evil, not good. Those who believe in Jesus do not do evil, and they should not fear the power of darkness. Although I am often weak, I believe that this is the promise of the gospel. It is the good news for which I have expended my every effort to spread throughout Chinese society.
I also understand that precisely for this reason, the Chinese Communist regime is full of fear for a church that no longer fears it.
Be the sentence long or short, if I am to be detained so that those in power may relax their fear of my faith and my Savior, I am happy to help them in this way. But I know that I can truly help the souls of those in power and law enforcement only when I say no to all the sinful persecution of the church, and take up peaceful means of resistance. I long for God to use me to tell those who rob me of my personal freedom that there exists an authority higher than their authority, and that there is a freedom that they cannot detain. That is the teaching of Jesus Christ, who died and was resurrected.
No matter what kind of crime this regime charges me with, no matter what kind of filth is thrown on me, as long as this crime is made to assault my beliefs, writing, speech, and missionary behavior, it is nothing but the devil’s lies and temptations. I will deny it all: I shall serve the sentence without serving the law, and refuse to admit guilt even if I accept the ruling of the law.
And I must point out that the most evil and terrible sin of Chinese society is the persecution of the Lord’s Church and of all Chinese who believe in Jesus Christ. This is not only a crime against Christians, but also a crime against all non-Christians. For through the government’s violence and cruelty, they have been prevented from coming to Jesus, and there is no greater sin than this.
If one day this regime is overthrown by God Himself, it will be for no other reason than His punishment and vengeance for the commission of this sin. On earth, there is a thousand-year-old church, but no regime can last a thousand years. There is only eternal faith, but no eternal power.
Those who hold me will be detained by angels. He who interrogates me will eventually be interrogated by Christ. With this in mind, the Lord has filled me with sympathy and sadness for those who detain and try me. I beg the Lord to use me, to give me the strength and wisdom to bring the gospel to them.
Tear me from my family, my reputation, and my well-being, there is nothing that those in power cannot do. However, no earthly force can compel me to give up my faith, to change my life, or raise me from the dead.
Thus, distinguished officials, I beseech you to stop doing evil, not for my sake, but for the sake of you and your children. I beg you to stop: there is no reason for you to pay the price of eternal damnation in hell for so humble a sinner as myself.
Jesus is Christ, the Son of the Living God. He died for sinners and was resurrected for us. Yesterday, today, and for all time, he is my sovereign and Lord of all the world. I am His servant and for this I am detained. With gentleness I resist all those who resist God, and I will gladly disobey any law that does not obey God.
September 21, 2018 (first draft)
Revised on October 4, released by the church 48 hours after Wang Yi’s detention.
Appendix: What Is the Faith of Disobedience?
It is my firm belief that the Bible does not give any government or branch the authority to manage the church or Christianity. Thusly, the Bible requires me to peacefully resist all administrative and judicial forces that persecute the church and interfere with the Christian faith. It is a nonviolent resistance that I embrace with optimism and joy.
I firmly believe that this is an action rooted in faith. In the contemporary totalitarian state that persecutes the church and rejects the gospel, the faith of disobedience is an inevitable component in spreading the Good News.
I firmly believe the faith of disobedience is an act that signifies the end time. It is a testimony to the eternal city of God in the transient city of sin. The disobedient Christian, following the path and manner of the cross, follows the path of Christ, who was nailed to the crucifix. Peaceful resistance is the way we show our love for this world, but also the way in which we avoid being mixed up in it.
I believe that the Bible requires me to rely on the grace of Christ and the power of His resurrection to follow the two non-negotiable bottom lines in practicing this faith of disobedience.
First is the bottom line of the heart. The goal of the faith of disobedience is love for the soul, not hatred of the flesh. This resistance aims to change the soul, not the environment. Should, at any time, my peace and patience be overtaken by persecution from without, and in my heart arise resentment and bitterness towards those who persecute the church and slander Christians, then the goal of the faith of disobedience cannot be reached,
Second is the bottom line of behavior. The gospel requires that the resistance of faithful must be non-violent. The secret of the gospel lies in the enthusiastic endurance of hardship, a willingness to bear unrighteous punishment rather than resort to physical resistance.
Peaceful resistance is born of love and forgiveness. The cross means being willing to suffer when you don’t have to suffer. Because Christ’s ability to resist is unlimited, he was able to endure any humiliation and pain. Christ’s way of resistance, as he hung nailed to the cross, was to extend a olive branch of peace to the world that crucified him.
I believe that Christ calls upon me to use my whole life to practice the faith of disobedience in the face of this regime that rejects the gospel and persecutes the church. This is the way I preach the gospel, and it is the secret of my evangelism.
Wang Yi, the Lord’s Servant
September 21, 2018 (first draft)
Revised on October 4, released by the church 48 hours after Wang Yi’s detention.
The Crackdown on Chengdu Early Rain Covenant Church: A Backgrounder, China Change, December 21, 2018.
China Citizens Movement Outstanding Citizenship Award Selection Committee, December 10, 2018
Today, we offer our respects to an outstanding citizen. She is a loving mother, a strong mother, and a great mother. She is eighty-five years old this year, an age at which she should have been enjoying a peaceful retirement with her family. Instead, at her venerable age, she has been thrust into a situation that no mother should be forced to experience: she has had to see her son imprisoned and brought to the verge of death for committing no crime at all. In her quest to protect and support him, she stakes out a trail of blood and tears upon the great but troubled land that is China.
Using all the strength that her frail person has to offer, she has stood up against constant harassment, surveillance, and intimidation from the state. She overcomes tribulations using gentleness, patience, and tolerance, acting with firm yet nonviolent determination.
Courageously, she persisted in seeking all possible help to gain her son’s freedom and is praised by all for her conscientiousness. She has demonstrated the best example for all citizens who are dedicated to justice, and will inspire more citizens to pursue justice.
Her pure love has awakened a humanity that is in shackles: no matter how society changes, no matter how cruel the world is or how deluded the people are, a mother’s love is the eternal light of spring that consoles the hearts of every citizen and illuminates their path.
This admirable mother is Ms. Pu Wenqing (蒲文清), and her son is Huang Qi (黄琦), a prisoner of conscience who is currently serving a third sentence for his unyielding determination to expose human rights abuses in China.
In thinking of Ms. Pu Wenqing, we are reminded of Themis, the Greek goddess of divine justice, and her son Prometheus, a hero who sacrificed his eternal freedom so that humanity could learn the secret of fire.
Today, we are honored to present this year’s Outstanding Citizen Award to Ms. Pu Wenqing in acknowledgement of her efforts to live as an upright citizen in the pursuit of her civil rights. In her extraordinary efforts, we see the warm strength of humanity overcoming the forces of tyranny, moving us ever closer to a society of freedom, justice, and love.
Here, on the International Human Rights Day, we express our sincere wishes: that Ms. Pu Wenqing may enjoy good health and longevity, and that Huang Qi may regain his freedom and be reunited with his family!
85-Year-Old Mother Fights For the Release of Her Son, Renowned Human Rights Defender, Yaxue Cao, October 15, 2018.
Yaxue Cao, December 5, 2018
If you have been with Twitter’s simplified Chinese community long enough, you know it’s nothing new that handles disappear and in some cases the persons behind them go to jail – it’s a freedom tunnel that the Chinese Communist regime is leery of.
But over the last few months, and still ongoing, we keep hearing mainland tweeps reporting that they have been summoned by police who ordered them to delete tweets or accounts altogether. AFP’s Eva Xiao and Human Rights Watch’s Yaqiu Wang reported on the trend early on. I myself reported one particular instance – the deletion of Wu Gan (吴淦)’s account.
As of today, I collected 42 tweets from users themselves tweeting about what had happened to them. Some are well-known journalists, dissidents and intellectuals. Others are average tweeps who may or may not be anonymous. Some have been on Twitter for several years, others are new to it. In a few cases, tweeps were given administrative detention of 10 or more days; in at least one case, a user in Chongqing has been criminally detained awaiting charges. Some faced the run-in with police with composure, and others with defiance; still others were scared and quit, or made to quit. Together they tell the unmediated story.
The tweets are arranged chronologically. A few are excerpted for brevity. Necessary explanatory information is provided in [brackets and italic]. A link to the original tweet in Chinese is embedded in the last two words of the translation. If the link is broken, it means, in most cases, that the police came back to the tweep pressuring him or her to delete it.
Today I was summoned to my neighborhood police station for retweeting political rumors. I was reprimanded, and made to write a statement of repentance and another statement guaranteeing that I wouldn’t do it again. They deleted my tweets. This handle is going to be abandoned. Goodbye friends. I love you all.
Just moments ago, a policeman from my hometown (Chengshuang Township police station, Dangshan county, Suzhou municipality, Anhui province) called me and said they are going to come to Shanghai to look for me again (they did during June 4th). I guess it’s about my Twitter. Now, since they are monitoring my posts, let me tell the internet police and the domestic security police right here and now: It’s impossible for me not to speak. Speech is my last line说话是我的底线. You can come to arrest me if you want to charge me for my expressions. It’s no use to come to talk to me. Why don’t you save the money and use it on keeping people safe.
Beijing tweep Quan Shixin (全世欣 @Sarah_chinaBJ) has been administratively detained for 10 days for “attacking leaders of the communist party and the state.” She was released around noon and returned home on September 21.
On October 1, 9 am, two guobao police summoned me to the neighborhood police workstation for a talk, which was transcribed and also video recorded. Their key points are: 1). Recently I posted too many original tweets and retweets on Twitter as well as WeChat, and the content is all negative; 2) Who called for the group trip to Tiananmen Square on Sept. 20? 3) They once again issued a warning and criticism.
[He Depu (何德普) is a veteran dissident and served an eight-year sentence during 2003-2011 on charges of inciting subversion.]
A police officer from my hometown called, asking me to delete tweets. He said the higher authorities investigating internet speech found my posts. I was somewhat puzzled because I had hardly said anything. The call was made to my father’s house, so my old father, who is in his 70s, was frightened once again. Feeling so bad about it, I called home to comfort him.
[Li Xuewen is a Hubei-based dissident writer. He was detained for taking part in the seaside commemoration of Liu Xiaobo in Guangdong in 2017. ]
On the afternoon of October 27, three police officers from the neighborhood police station made a surprise visit. The guests and the host quickly exchanged views about Twitter. The police asked me to “delete account” and stop using Twitter. I said that is unacceptable, but I voluntarily promised to self-censor what I say in order to reduce the waste of police resources and avoid upsetting loved ones so frequently. After communicating for an hour, the meeting ended in an awkward but still friendly atmosphere. For the record.
[Wen Tao (文涛) is a journalist who was disappeared for 83 days and subjected to torture in 2011 for his association with artist Ai Weiwei.]
Per appointment, I met with Shenzhen guobao this afternoon, and the subject was not to badmouth the Party and state leaders. We also exchanged views on international and domestic affairs. This must be a nationwide operation. Now, my question is: what move is this preparing for?
[This is one of the earliest Chinese Twitter users – since May 2009.]
October 21, 2018, lunar calendar Sept. 13, was my birthday. It was unforgettable! Goodbye, Twitter.
[Wang Yajun describes himself as a “renowned joke teller, independent commentator, Taobao store owner, and internet Big V verified by CAC.” He’s been an active presence in Beijing’s intellectual circles for years. He was detained in Keshan county, Heilongjiang province, from Oct. 20 to Oct. 30 for “provoking disturbances. A couple of days after he posted this tweet on Oct. 31, his account was deleted. ]
Liu Jichun (刘继春, @wugefy1) is formally arrested this morning after being detained for 30 days. Lao Liu ran a small, 40 square-meter eatery in Shapingba area in Chongqing. He was the chef and his wife the assistant. A lawyer has met him a couple of times, and found out that the charges against him have to do with him retweeting various news. Request for bail was denied by the public security bureau, and a request for dismissal was denied by the prosecutors. It’s pretty clear that his is speech crime.
How do you speak freely on Twitter from the evil Communist-ruled land without being summoned by the police for ‘drinking tea’?
I drank tea just two days ago.
[Zhan Lifan is an independent historian and commentator in Beijing.]
Hometown police called and said I cursed the leaders on Twitter. I only have a few posts and they were not posted on Twitter. I hereby state: I have not cursed them!
For the last year or so, I have posted nearly nothing on Twitter. Lately there have been tweeps I know who were summoned and forced to delete their Twitter, including quite a few of my friends. So I’m compelled to talk again. Throughout history, in China or elsewhere, the tyrants always think the day will not break if they kill all the roosters that crow at the dawn; everything will be fine if they could make people too afraid to speak. No matter how long the night, we will live to see the dawn.
[Ye Du is a dissident and writer living in Guangzhou.]
I was detained, and made to sit through the night in the cold. Goodbye, Twitter, be safe. Maybe I should just be one of those people who think life in China is peace and quiet.
[I spoke to @zwitterion2018. He lives in a central province. “I don’t know how they found me,” he said. “They came all of a sudden. They asked me questions, took me, and detained me for a night. Then they investigated me and found that I had no associations. So they let me go. At the same time they deleted my Twitter feed.” He said they threatened him that if he tweets again he’d be put in jail. They also explained that they were local police carrying out an order from the national security, and they themselves don’t want to detain him. “It was my first time,” he said, “I’m very afraid.” I asked why he was still on Twitter, he said the worst that could happen to him is jail.]
This was end-of-the-world maniac: I received a call from guobao who demanded that I pledge not to get on Twitter anymore. How is it possible for me not to get on Twitter? They may as well kill me.
[This is a new tweep joined in May, 2018. In another tweet, he said that, to avoid being harassed by the “Zhao family’s dogs”, he took out his sim card and uses only Wifi to surf internet.]
Officer Zhou, of Donghu police station in Chaoyang District, Beijing, do you call yourself the ‘people’s police’ when you prohibit people from speaking out about their thoughts, their grievances, their call for justice so that you can serve the Party you belong to and its leaders with all your heart and mind? When you shut people up, how are you different from the Nazis during 1937 – 1945?
Lately Chinese tweeps have encountered a widespread crackdown. No wonder they went to my former employer to look for me in early September. Thank goodness I have left.
[This tweep seems to be living in Florida now.]
Guobao had an appointment with me this evening. I was forced to pledge that I would not post any political expressions on any online platform anymore. The fact is I haven’t for the past year or so, but still there have been so many eyes staring at me. Huh, we all know it anyway. So I’ll just leave it now.
Friend said to me privately that the whole country is campaigning to extinguish Twitter. Guobao twice asked me to delete all my tweets. I promised I won’t retweet anymore and deleted retweets of the last two days. Guobao said I ought to pay attention to my own safety. I said, “Unless you physically cut off the internet or put me in jail, or I’m going to follow the teachings of Deng Xiaoping. That is, the horse will run as usual, the dance will go on, and the one-country- two-systems will be upheld.”
[Shen Liangqing is a former prosecutor and dissident living in Hefei, Anhui.]
I have written more than 4,000 commentaries of current affairs over the past 15 years using my real identity. But now, to live on, I have to give up writing and thus bid goodbye to hundreds of thousands of readers in China and beyond. I don’t know when I will be writing the most timely and accurate commentaries again. I hope it won’t be too long, won’t be too long; I hope the night will pass soon.
@419041838: “They deleted all my tweets. Several thousands of them. While deleting, they also videotaped the process. They had talked to me twice about it, and almost took me to jail.”
@419041838: Deleting all was not enough; they took it to the municipal government for their superiors to check in person.
@oubiaofeng: When? What were the reasons they gave?
@419041838: You guys still don’t get it: using Twitter is very dangerous, more dangerous than street demonstrations.
@419041838: Not me; they did the deletion. They took it away for a night. A few days ago. Several people came from higher level government.
Sun Desheng (孙德胜 @sds8964 )’s tweets were all deleted. The Party-state have never relaxed control of online expression, but recently it has become even more pronounced. Weibo was once a bustling platform but it’s no more. Deletion of post or account has become a commonplace on WeChat. Lately a lot of tweeps have been summoned by police. Some announced quitting Twitter, others were forced to delete their tweets, and still others went silent. There are more than a few who have been detained for tweeting!
[Sun Desheng is an activist who was jailed for 2.5 years from 2013 to 2016.]
According to the latest news, Xiamen tweep Pan Xidian (潘细佃 @congweiyonghu) has been given 15 days of detention for refusing to delete his account. He’s in Houxi Detention Center, and his account has been deleted.
Around noon, I drank four liang (两) liquor. In the evening I drank again. When I got to six liang (两), I heard knocking on the door. It was cold, so I opened it promptly. What should come would come – three police officers from Shuangjing police station, Beijing Chaoyang District, came for a talk. Officer Gao alone asked questions; another videotaped the entire visit, and the third one stood aside. I said I hadn’t attacked the Party and state leaders since March last year, nor had I defaced the image of the country. I forgot to say that I hadn’t even registered a Twitter account March last year. They didn’t beat me, nor threaten me. I was much relieved. After they left, I finished drinking the remained two liang (两). Now I can sleep in peace. [Edited for clarity. Links are here and here]
That was a fright. Next time I will remember to video record them and also ask to see and photograph their police ID and search warrant. (What about governing the country according to the law that you have been touting?)
[He Jiangbing is a Beijing-based economist who came to Twitter in July 2017 and has been commenting on the Chinese economy since then.]
The storm has come indeed. I was asked to delete a total 802 tweets.
[Ye Du told Deutsche Welle that, “Guobao showed me a form with 802 tweets of his that have been put together by internet police. They were categorized into ‘promoting western democracy,’ ‘concerning June 4th,’ ‘inciting social movement,’ and etc. Very detailed. They demanded that I delete these tweets. Ye Du said that he was not the only person who was asked to delete tweets.]
Ms. Wu Huaiyun from Huoshan County, Anhui Province was given 10 days of administrative detention on Nov. 1. The Public Security Bureau’s written decision on the punishment said, “Since May 2018, Wu Huaiyun used her mobile phone and computer to publish statements defaming our Party and major national leaders on the overseas social platform ‘Twitter’ via her account, @xybaiyun2018. The remarks are serious.” The following is Wu Haiyun’s own account of the event, which she published on Twitter after her release.
On October 31, 2018, the Ministry of Public Security and the Anhui Provincial Public Security Department issued an order, and twenty or thirty domestic security police officers (guobao) from Liu’an city came to my home and duped me into handing over my mobile phone. Then several of them forcibly put handcuffs on me and took me away; they also beat me in the police car. Then I was taken to the Liu’an detention facility, where I was detained for 10 days. The police also searched my home, took my computer’s hard drive, pried open my suitcase, and even the mattress on the bed was turned upside down. I hereby request help from international human rights organizations and caring people!
They also found the password for my Twitter account on my computer hard drive, and deleted all the content from my Twitter. After I was detained, they only notified my family by phone, no written notice of detention was given. My family members asked the police for the detention notice, but they refused to provide it. I obtained this written punishment decision by insistence. If they’re reasonable and lawful, then why were they unwilling to give a written detention notice and written punishment decision? And detain me without trial? I never mentioned the names of national leaders on Twitter, how could I have defamed anyone? If I disappear again, it’s them–– it’s what they do.
I said that my Twitter content was basically all retweets, and that I just had a few original tweets, which did not involve the content they claimed. They said that reposting is also illegal, especially when retweeting Guo Wengui’s posts–– that was even more unlawful. I asked them, doesn’t the law stipulate that false information must be retweeted at least 500 times before the security punishment regulations apply? Not one of my retweets reached the “500 times” threshold. They actually said that mine were different.
During the interrogations, they assumed I used Twitter on my computer. The written punishment decision also stated that I used Twitter on my computer. When I said that I used Twitter on my mobile phone only, and not on the computer (my computer could not scale the Great Firewall), they all seemed a little surprised! This shows that they found me (on Twitter) by monitoring my mobile phone; the whole thing was a fucking trick!
A few days ago, I received a threatening text message from someone claiming to be the police, demanding that I delete my Twitter account.
The day before yesterday [on Nov. 17], both Chairman Hua @wxhch64 and I were summoned for a “chat” by authorities in Wuxi and Henan for our use of Twitter. I think this big Twitter cleanup is nationwide, not specifically targeting us, so I didn’t say anything. [“Chairman Hua” is Wang Yi’s husband.]
Recently, there’s less and less information on Twitter, mainland Twitter users have either left Twitter, or they’ve been silenced. I was also required to delete more than 500 tweets, and now I dare not post any new tweets. We don’t know the scale, and at every turn the police want to meet; we still have to work, no?
A few days ago, the domestic security and Internet police came and asked me to delete the relevant posts from Twitter, saying that I couldn’t target national leaders. They were really proactive about this; the Internet police held a screenshot and had me delete tweets from the designated date.
Recently I caused a lot of trouble for my friends and family because of my use of Twitter; therefore, I probably will not be on Twitter again for a long time. To my friends who have consistently shown me their concern and care, here I can only offer my apologies. Goodbye, friends.
Lately a number of tweeps have been visited by police who demanded them to delete tweets or not post or retweet anymore. In Hunan, I know there are tweeps in Zhuzhou, Changsha, Shaoyang and other cities who have been summoned by police. Most of them kept quiet afterwards.
I thought only Big Vs were qualified to be summoned for interrogation, but finally it was my turn. I thought this would just be a little intimidation before [Guo Wengui] ‘s press conference and that would be all, because last night the police summoned me but then I was able to return home after only one hour, which didn’t interfere in my watching the live broadcast of Guo’s live broadcast. However, I just now received a phone call from a police officer in the district, who said that the higher ups were not satisfied with our discussion yesterday and that the bureau would send people to have another talk with me. They were somewhat polite, and we agreed to meet at 3 o’clock tomorrow afternoon. It won’t interfere with drinking, so it’s OK.
[Later, reply to self] Just came back, it was nothing. It had nothing to do with Mr. Guo. It involved political commentary. The domestic security officers’ attitude was good. During the interrogation, there was a moment when we clashed, but we circled back. They had a stack of printed and bound tweets, and the evidence was undeniable. I wrote a letter of guarantee that I would delete sensitive posts on my own. Done. It’s time to feed the stray cats…
The domestic security police stopped by today, mainly because of what I said on Twitter. What is certain is that Twitter is no longer a place where you can freely express your thoughts. I don’t know what other communication tools are available abroad to replace Twitter? Which are more private and safer? It has been several years since [human rights lawyer] Pu Zhiqiang was convicted for his Tweets. Twitter has never been a safe harbor for speech, and we are now in an era of total repression.
[Tweep @asn_213 gave a friend the following account in DM, and the later published it.]
I’m back. Yesterday it was the Guobao who summoned me via neighborhood police. They printed all the stuff from 5-6 years ago regarding the same-city meal gatherings [part of the New Citizens Movement], and they also printed all of my tweets and retweets. They said these were evidence of my criminal activities. At 10 pm, their political officer interrogated me again, giving me a notice for 15-day administrative detention. It describes me as defaming the national leaders and attacking the current political system on Twitter. They asked me to sign it. I wrote my dissent on it: I have never used my Twitter handle to defame anyone; expressing views on events and people is a citizen’s most basic freedom of speech, and it’s ridiculous that this is even happening in the 21st century. Then I signed it. …… He talked a lot more, finally he tried to use my daughter as a leverage. He said, “Look, at our age, who is going to do what we like to do that make our own daughters suffer. Now I’m going to give you a way out. As long as you stop tweeting or retweeting and delete your Twitter account, we will withdraw this penalty.” I said okay. So he let me go home. I might not be able to keep this account anymore.
I just found out that the Twitter account of 陈年老酒 @old_wine has been deleted. He was taken away by police on November 7, and it probably had to do with Twitter. I don’t know how many more tweeps have simply disappeared without a peep. We don’t even notice when @old_wine, a sage on Twitter, took leave.
This month I have been coerced to delete about 1,250 tweets. The darkest moment has come before the dawn breaks. No need to say more.
In Shandong, Jinan, Hui poet An Ran (安然) was taken to Dongguan police station by five policemen (two of which were Guobao) on November 27, 2018. He was interrogated for his Twitter expressions. He was ordered to delete his Twitter account, but he refused to do so, stating that his Twitter feed is personal property and it is sacred. (Read his tweets here and here.)
He also posted Page 2 of the three pages of interrogation transcript that concerns the part about his Twitter:
Q: How do you get on Twitter?
A: It’s my privacy; I don’t want to reveal.
Q: Do you often post on Twitter?
A: Almost everyday.
Q: What do you post there?
A: A lot of different things – my own takes on current affairs, photo and video sharing, and etc.
Q: Have you posted lately on Twitter?
A: There are a lot. I can’t remember each one of them.
Q: In what language have you been posting/
Q: You posted that “Religion and traditional culture have been destroyed during the Cultural Revolution (1966-1976), then the morality disintegrated. Now the Chinese Communist Party began to strike down on religion again.” You also posted that “China’s suppression of Hui Muslims is worsening.” Correct?
A: I posted these this year (can’t remember the exact time) in English.
Q: Why were you posting these?
A: I saw in the news that a new Mosque in Weizhou Township, Tongxin County, Ningxia was ordered to be demolished. It was a grand Mosque built by local believers who had raised 100 million yuan. The government ordered its demolition because it said the dome did not meet the Sinicization requirement. The Mosque was saved only because local people protested in large scale.
Q: What’s the purpose and motivation of posting these two tweets?
A: I wanted to stop the local government from demolish the Mosque, because it was built with believers’ contributions, and it’s such a new, magnificent Mosque…..
Today my parents in Xinjiang called, and fearfully they asked me to shut up in the U. S. “If you talk anymore,” they said, “the higher-ups will make sure that you will never be able to speak to your parents again.” CCP bastards, come to get me, leave my parents alone! Stop threatening my family! I hate to shut up, but they have turned my loved ones into hostages. For their safety, I decide not to get publicly involved in politics anymore for the time being.
The Shenzhen-based dissident and businessman 陈年老酒 @old_wine, whose name is Xu Lequn (许乐群), posted an account of his encournter with police on another platform on December 1:
At 10 am, Nov. 7, I was taken from home by policemen in Shenzhen to a police station where they photographed me, took my finger prints, and tested my urine. From 3-4 pm, they interrogated me about my expressions about Xinjiang on Twitter, and they demanded that I delete my Twitter account. I was released at 10 am, Nov. 8, after sitting on a metal bench for the night.
At 5 pm, Nov. 10, I was again taken from home to the police station. At 6:30 pm I was interrogated. They chastised me for still using Twitter the past few days. I again was made to sit on the metal bench for a night. At 9:30 am, they released me saying they’d gotten the wrong person.
On Nov. 26, they called and said their surveillance found that my Twitter account was still alive, that my name is still on the list they’d received from the higher-ups, and that I must get rid of my account immediately. I didn’t know how to delete my account; so I deactivated it.
[Note: His account appears to be active though there have been no new tweets since Nov. 7.]
This morning I was summoned to the neighborhood police station. I was asked to delete two retweets, one of which is about Guo Wengui. I refused to write a repentance statement.
Yaxue Cao edits this website. Follow her on Twitter @YaxueCao and China Change @ChinaChange_org
A Month Or So In The House Of Twitter, Yaxue Cao, January 23, 2012.
China Deals Another Blow to the International Human Rights Framework at its UN Universal Periodic Review
Andrea Worden, November 25, 2018
Over the past several years, the Chinese government has steadily been promoting its own version of human rights –– “human rights with Chinese characteristics”–– at the UN, and maneuvering to insert language trumpeted by the Chinese Communist Party (CCP), with Xi Jinping as its core wordsmith, into various UN resolutions, with an eye toward assuming a leadership role in global human rights governance. China’s third Universal Periodic Review (UPR) by the Human Rights Council (HRC) on November 6, 2018 provided a high-level global forum for the government to announce its newly formulated five-pronged “human rights development path with Chinese characteristics.” In a press conference following the review, Assistant Foreign Minister Zhang Jun claimed that more than 120 countries supported China’s path during the review, and that China’s formulation was “completely correct.” In prioritizing “the right to development” as the fundamental human right and implicitly discarding the fundamental principle of the universality, interdependence, and indivisibility of all human rights, China’s “path” poses a serious threat to the international human rights system.
Although the key components of the PRC’s human rights path are not new, they have been repackaged into a tidy framework, which China confidently proclaimed at its 2018 UPR (@1:25 and 6:09). Earlier, at its 2013 UPR, the PRC stated in its national report that it was “working to explore paths for human rights development.” By 2018, China had discovered the path, described by Zhang Jun as “national conditions-based, people-centered, development-oriented, rule of law-guided and openness-driven.” This article takes a look at some of China’s moves to promote its “development-trumps-all” human rights narrative and agenda, weaken the UPR mechanism (and, in the process, the credibility of the Office of the High Commissioner for Human Rights (OHCHR)), and further its efforts to gut the international human rights framework as we know it.
The Universal Periodic Review (UPR) Mechanism
The UPR is a key mechanism of the Human Rights Council (HRC); indeed, it was intended to make the HRC, established in 2006, more robust and equitable than the body it replaced, the UN Human Rights Commission. In this intergovernmental, State-driven mechanism, all 193 UN Member states are reviewed every four and a half years. The review is conducted on the basis of three documents: the national report of the State being reviewed, and two documents prepared by OHCHR–– the compilation of UN information on the State under review, and the summary of stakeholders’ information, which includes information submitted by NGOs.
Three and a half hours is allocated for the review. The UN Member State under review is allotted a total of 70 minutes, which it uses for opening and final remarks, and comments and responses during the interactive dialogue. The remaining 2 hours and 20 minutes is apportioned equally among the countries that sign up in advance to speak at the review. In China’s 2018 UPR, each State that registered to speak was given 45 seconds to make their statements; in 2013, each country had 50 seconds. The Chinese government uses its influence to stack the roster with its friends (e.g. aid recipients, like-minded dictatorships, BRI partners, etc.) and as a result, countries poised to offer remarks critical of the PRC’s human rights record and make substantive human rights-based recommendations have less time to do so.
The review is intended to evaluate the State under review’s progress toward achieving and implementing recommendations it accepted during its previous review; fulfillment of the State’s human rights obligations and commitments; and the country’s overall human rights situation. During the interactive dialogue portion of China’s 2018 UPR, 150 delegations made statements, and offered 346 recommendations (@1:30). The Chinese government will provide its position on the recommendations by the 40th session of the Human Rights Council in March 2019. Regarding which recommendations the PRC is likely to accept, and those it’s likely to reject, the head of the UPR delegation, Vice Foreign Minister Le Yucheng, suggested the answer during his final remarks. He said “an overwhelming number of countries have fully recognized China’s efforts and achievements in promoting and protecting human rights over the last five years,” and that the Chinese delegation sincerely appreciated their “many constructive comments and recommendations.” @3:07:22) As for certain other countries, Vice Minister Le said, “We will not accept the politically driven accusations from a few countries that are fraught with biases, and in total disregard of facts; even less will we entertain attempts to use human rights as an excuse to interfere in China’s internal affairs or undermine its sovereignty and territorial integrity.” (@3:08:14)
China Finds its Human Rights Path for the New Era
In the PRC’s National Report submitted for its 2013 UPR (2013 Report), the section that lays out the government’s human rights theory is titled, “The concept and theoretical system of human rights under socialism with Chinese characteristics.” There is no mention of “human rights with Chinese characteristics.” As noted above, the government stated at that time it was “working to explore paths for human rights development.” (para. 5.) The 2013 Report further states that China:
“respects the principle of universality of human rights and is of the view that all countries have a duty to take measures, commensurate with their national conditions, continuously to promote and protect human rights in accordance with the purposes and principles of the Charter of the United Nations and the basic spirit of the Universal Declaration of Human Rights and the relevant international human rights instruments.” (para. 4)
By the time of its 2018 UPR, the PRC had finished its exploration and discovered a “distinctively Chinese” path (@6:35), a path that abandons international human rights norms. The relevant section of the 2018 Report is titled, “The concept and theoretical system of human rights with Chinese characteristics.” There is no mention of the principle of universality of human rights; indeed, the only mention of “universal” is in the negative: “There is no universal road for the development of human rights in the world.” (para. 4) Nor is there a mention the Universal Declaration of Human Rights (UDHR), or “relevant international human rights instruments.” Australia noted the change from 2013 in an advance question to China, and asked:
“Does China still accept the principle of universal human rights, and if not, can China explain how its conception of human rights fits into the international human rights regime built on the concept of universality? Can China explain how “human rights with Chinese characteristics” differs from universal human rights, and if it does not, why it wishes to introduce this distinction?” (Advance Questions, Addendum 3)
This is clearly a human rights path grounded in Xi Jinping’s New Era. Not only are fundamental norms of the universality and interdependence of human rights jettisoned, the Chinese government has also dispensed with any mention of theories articulated by Xi’s predecessor, Hu Jintao. While the 2013 Report contains references to Hu’s “scientific outlook on development” and “harmonious society,” they are absent from the 2018 Report. The Report states:
“[T]he cause of human rights must be promoted on the basis of national conditions and the needs of the people of that country, and cannot be defined on the basis of a single authority. Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, China attaches great importance to the promotion and protection of human rights, ever acting as an advocate, practitioner and promoter of the cause of protecting human rights and always following the road of developing human rights with Chinese characteristics.” [2018 Report, Para. 4, emphasis added]
The translated phrase “on the basis of a single authority” is a curious rendering of the classical phrase 定于一尊 (dingyuyizun). The meaning is more along the lines of “no one (path of human rights development) should be regarded as the only choice,” or superior to all other choices.
In its 2018 Report, the Chinese government argues, in effect, that the international human rights framework is just one choice among others, and that it should not be taken as the highest authority. What, then, is the highest authority, or “the right system”? For China’s human rights development, there is only one “correct path”–– and it lies with Xi Jinping. The report describes the five-pronged path as the “road of developing human rights with Chinese characteristics” –– a road that “takes national conditions as the foundation”; “takes the people as the centre”; “takes development as the priority”; “takes the rule of law as the criterion”; and “takes openness as the motivator.” (paras. 5-10.)
The PRC’s “Development First” Agenda Gains Further Ground in the HRC
Development, and the right to development, were front and center during the interactive dialogue portion of the UPR, punctuated by strong concerns raised by a smaller number of States about the mass detention of Muslim minorities in “vocational training centers” in Xinjiang, and a wide range of other human rights abuses in China.
As it’s done in the past, the Chinese government seemingly rounded up its friends and beneficiaries to engage in what could be taken as an example of offline “flooding”: the UPR, whose purpose is to review the human rights obligations and actual human rights on the ground of the State under review, was inundated by comments and recommendations from countries praising China’s development, requesting China share best practices, expressing gratitude for aid, and asking for more. Many developing countries and members of the so-called Like-Minded Group (including, e.g., Russia, Syria, China, Cuba, Venezuela, etc.), which are decidedly not human rights-friendly, offered recommendations to China such as the following:
Namibia: “Continue sharing experiences and best practices in implementing people’s right to development.” (Draft Report of the Working Group on the Universal Periodic Review: China (11/8/18); A/HRC/WG.6/31/L.3, para. 6.128)
Pakistan: “Continue to promote discussions in the Human Rights Council on the role of development in promoting and protecting human rights” (para. 6.33); “Continue to promote the Belt and Road Initiative to help other developing countries in their development endeavours” (para. 6.45).
And in an advance question to China before the review, Pakistan asked: “China has made tremendous achievements in implementing the right to development. Could China share relevant experience?” (Advance Questions to China First Batch –Rev)
Lao People’s Democratic Republic: “Continue to communicate with other developing countries on the experience of the state governance, including promoting and protecting human rights” (para. 6.52).
Nigeria: “Sustain its efforts in the global fight against terrorism and extremism” (para. 6.145).
Venezuela: “Continue to forge a new type of international relations featuring mutual respect, fairness, justice, and win-win cooperation and building a community with a shared future for human beings” (para. 6.36).
It’s worth noting that Venezuela didn’t quite get the New Era lexicon right during the interactive dialogue, and its recommendation was amended in an early version of the draft report for political correctness. Venezuela did not utter the CCP’s “win-win” slogan during its oral statement, and it described the future as a “shared future for human beings,” neglecting the “building” of “a community.” The Spanish-to-English interpreter used “forms” instead of “type” (as in “new type of international relations”) and “equity” instead of “fairness.” These “mistakes” were subsequently fixed, in what seems to be another example of PRC influence and discourse management at the UN.
Money Matters and OHCHR
In its 2018 Report, the PRC notes that it donated $100,000 to the Special Rapporteur on the Right to Development mandate, a new special procedure created in September 2016 (para. 76). At first glance, it’s puzzling that this mandate was created in the first place when a Working Group on the Right to Development already exists, but it turns out to have been another move by the PRC to promote development within the HRC, and occupy more “space” and resources focused on the right to development. Not surprisingly, Venezuela introduced the resolution creating the mandate on behalf of China and the Non-Aligned Movement, which was adopted by a vote of 34-2, with 11 abstentions. France and the UK voted against the resolution. The first (and current) special rapporteur, Mr. Saad Alfarargi of Egypt, participated in the first South-South Human Rights Forum held in Beijing in December 2017, by invitation from the Chinese government. During the UPR, Vice Minister Le said that the PRC will invite the Chair of the Working Group on the Right to Development to visit China (@10:24).
At the 2013 UPR, the PRC announced a dramatic increase in its funding for the Office of the High Commissioner for Human Rights. Special Envoy of the MFA, Wu Hailong, said that China would increase its annual donation to OHCHR from $50,000 to $800,000 for the next four years (@17:30). During the 2018 review, Vice Minister Le announced that China would (again) donate $800,000 annually to the OHCHR for the next five years (@10:20). The PRC stated in the 2018 Report that it “maintains constructive contacts with [OHCHR], encourages them to perform their duties objectively and impartially, and attaches importance to the concerns of developing countries” (para. 76).
The Chinese government clearly has influence at OHCHR, which it uses to shield its human rights record from scrutiny, mute criticism, and control access to information it would rather keep hidden. The extent of the PRC’s influence, and the different tactics and leverage it uses to exert it, awaits an investigative journalist to thoroughly unravel, but in its groundbreaking report on China’s interference in UN human rights mechanisms, Human Rights Watch provides several examples of Chinese pressure on the OHCHR and special procedures, quoting one UN official as saying: “China keeps bullying us, saying, ‘Don’t do that,’ ‘Don’t do this,’ or ‘We urge you not to do this.’”
One of the main functions of OHCHR is to provide support for the work of the HRC, including the UPR, and, as mentioned earlier, it is responsible for drafting the compilation of UN information, and the summary of stakeholders’ information. In the run-up to the 2018 UPR, OHCHR was involved in machinations that point to PRC interference in the Office’s work. The details of the disappearing and reappearing NGO submissions on the OHCHR website, inputs from groups the Chinese government views as particularly “troublesome,” and exclusion of their information from the stakeholders’ summary prepared by OHCHR, are explained in a joint statement signed by concerned NGOs, which include, among others, the Uyghur Human Rights Project, World Uyghur Congress, Tibetan Centre for Human Rights and Democracy, Demosistō, and the International Service for Human Rights. The NGOs stated that despite the OHCHR’s belated fix of most of the issues (mere days before the review), they “remain very concerned that the removal of these reports gives further credence to well-documented NGO concerns of China’s growing influence within the UN human rights system, and the deliberate silencing of critical voices.”
After China’s success in the HRC in June 2017 with its resolution titled, “The contribution of development to the enjoyment of all human rights,” I wrote, “What this means, in short, is that China will continue to promote, and attempt to expand, the importance of the right to development and economic rights, while at the same time endeavoring to curtail and weaken the enforcement of civil and political rights.” And so it has. During the UPR, the Chinese government touted its self-described “correct” human rights path, and by presenting a depraved defense of its “vocational training centers” in Xinjiang demonstrated that it was wholly unconcerned with civil and political rights, and the truth. Despite strong, rights-based recommendations from the human rights-friendly countries that participated in the review, China was nonetheless able to use the global stage of the UPR to further advance its “development trumps all” agenda at the expense of the established international human rights framework.
Andrea Worden is a human rights activist, lawyer, and writer. She has worked on human rights and rule of law issues involving China throughout much of her career, and previously held positions as the Acting Executive Director of Asia Catalyst, Advocacy Director with the International Campaign for Tibet (ICT), and Senior Counsel at the Congressional-Executive Commission on China (CECC). Her essays and articles on human rights issues in China have appeared in such publications as the The Pro-Democracy Protests in China: Reports from the Provinces, Yale-China Review, Georgetown Journal of International Law, South China Morning Post, and China Rights Forum, among others.
Follow her on Twitter @tingdc
Andrea Worden’s UN human rights series on China Change:
China Pushes ‘Human Rights With Chinese Characteristics’ at the UN, Andrea Worden, October 9, 2017.
As the UN Declaration on Human Rights Defenders Turns 20, China Wages a Multi-Pronged Attack on Rights Defenders, Andrea Worden, March 14, 2018.
With Its Latest Human Rights Council Resolution, China Continues Its Assault on the UN Human Rights Framework, Andrea Worden, April 9, 2018.