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Tan Zuoren, January 13, 2019
Huang Qi’s trial opens today (January 14, Beijing time) in Mianyang Intermediary Court, Sichuan Province. – The Editors
Huang Qi (黄琦), 55, is from Neijiang City in Sichuan Province (四川内江市), southwestern China. He holds a bachelor’s degree and is the founder of 64 Tianwang (六四天网) as well as the China Tianwang Human Rights Affairs Center (中国天网人权事务中心). He has for years devoted himself to public interest work, and he is also a dissident. Huang Qi’s late father was a soldier. His mother is a retired cardiologist Ms. Pu Wenqing (蒲文清), 85 years old this year.
Huang Qi graduated from the Radio Department of Sichuan University in 1984. Following his graduation, he worked for years as a businessman. In 1998, Huang Qi and his wife Zeng Li (曾丽) pooled the resources of their family and founded the “Tianwang Center for Missing Persons” (天网寻人网站)—the first such Chinese public welfare organization—in Chengdu. On October 23 of the same year, he founded China’s first private office for locating lost persons. Through this organization, Huang Qi and his wife helped the police crack down on kidnapping and assist the relatives of abducted women and children in finding and rescuing their loved ones.
Tianwang’s work was acknowledged and praised by major Chinese media. The People’s Daily published a special report called “The Many Exploits of Tianwang’s Searches for the Missing” (《天网寻人故事多》). Feature reports by other media include, among others, “My Dream Is to Reunite Ten Thousand Families” (《万家团圆是我的心愿》), “The Missing Persons Center Handles Every Case With Love and Tears” (《寻人事务所一一用爱和泪水来经营》), and “She Founded China’s First Missing Persons Center” (《她创办了中国首家寻人事务所》).
On June 3, 2000, Huang Qi was arrested and imprisoned for posting “sensitive rights defense information on the website of Tianwang Missing Persons Center. It was his first. After two and a half years of detention, he was sentenced to five years in prison for the charge of “inciting subversion of state power.” During his five-year sentence, Huang Qi was repeatedly beaten by police officers, prison guards, and other inmates, leading to serious ailments such as hydrocephalus, brain atrophy, bilateral ventricle enlargement, and narrowing of the urethra.
On June 2, 2005, after Huang Qi was released from prison, the Tianwang Missing Persons Center, still running when he served out his sentence, was officially renamed 64 Tianwang. The core mission of 64 Tianwang is to “stand in solidarity with those who have no power, no money, and no influence” (与无权无钱无势的弱势人群站在一起). It has served as a comprehensive, peaceful, and effective service to protect the rights of petitioners throughout the country who have no other recourse available to them. The volunteers who run 64 Tianwang adhere to the facts in their reports, exposing public corruption scandals and information about civil rights activism. It is the first private media organization in China to provide a wide range of information services for petitioners.
During the May 12 Wenchuan Earthquake in 2008, Huang Qi actively participated in disaster relief efforts, and was first to report the shoddily-built tofu-dreg classrooms (校园豆腐渣工程) scandal via 64 Tianwang, incurring the anger of the Sichuan provincial authorities who were under the factional patronage of Zhou Yongkang (周永康). Charged with “Illegal possession of state secrets,” Huang Qi was sentenced again, this time to three years in prison.
By 2011, when Huang Qi was released from his second sentence, he was suffering from a terminal kidney illness. Despite his condition, he continued his public interest activities with 64 Tianwang, and founded the China Tianwang Human Rights Center (中国天网人权事务中心). Huang Qi’s determination did not waver even as his family broke up. Together with other Tianwang volunteers, he established a nationwide information network for petitioners and civil rights, providing first-line, first-hand information from all levels of government about human rights and “stability maintenance” for the public.
On November 28, 2016, Huang Qi was accused of illegally providing state secrets to foreign agencies. This third time, he was arrested and imprisoned for disclosing the contents of a supposedly secret internal document.
On July 28, 2017, after six long-distance trips made in as many months, Huang Qi’s defense lawyer Sui Muqing (隋牧青) was finally able to meet with the ailing Huang Qi at the Mianyang City Detention Center. By this time, Huang Qi’s condition was very serious, and the investigation associated with his criminal case had been concluded several days prior and had been transferred to the prosecution for review.
Despite the obvious deterioration of his health, Huang Qi was in good spirits during the meeting with Sui Muqing. He expressed full confidence that China would move toward constitutional governance, democracy, and social justice.
While Huang Qi remained unyielding throughout his 18-year campaign for civil rights, he has always been willing to provide constructive support for government work in specific issues. In helping a large number of petitioners resolve matters of practical urgency, he won their broad respect and support around the country. Internationally, Huang Qi has earned an honorable reputation for his contributions to the cause of human rights, and has received multiple international awards for his work.
Huang Qi’s rights-protection cause has inevitably hindered the authority and interests of many local governments. Naturally, he has become a crackdown target, spending half of the 18 years of his public interest work in jail! It is indeed very regrettable!
In fact, if we abandon the old ideological prejudice and the unilateral political/rule interest calculation, the human rights cause that Huang Qi supports is indisputably a force that is both in line with fundamental moral values and universal consensus. It is a cause that benefits the fundamental, long-term interests of all society, and as such ought to receive encouragement and support at all levels of government. Especially when China’s political system remains imperfect and society is rife with serious upheaval, Huang Qi is a humanitarian who strives both to protect disadvantaged groups, and as such, he helps maintain social stability. His is perhaps the greatest contribution a citizen can make to the nation!
In view of the uniquely arduous conditions that Chinese political prisoners must cope with, and in view of the painful experience of dissidents such as Li Hong (力虹), Cao Shunli (曹顺利), Peng Ming (彭明), Liu Xiaobo (刘晓波), and Yang Tianshui (杨天水), we hope that the authorities will, in keeping with the humanitarian spirit, grant the terminally ill Huang Qi medical leave as soon as possible, so that he can access timely and effective treatment, as well as living conditions suitable for his medical state.
Political issues are complex and perilous, while the humanitarian spirit is humble and simple, and forever. Huang Qi’s release would also mean release for his aging mother, and it would not do the least harm to the authorities. The matter is just this simple: I hope that the relevant authorities will consider this matter and make the decision to release Huang Qi in time and avoid yet another human tragedy!
August 20, 2017
 Over the period of this article’s writing to now, both lawyer Sui Muqing and lawyer Liu Zhengqing (刘正清), who succeeded Sui to defend Huang Qi, have been disbarred.
Tan Zuoren (谭作人), born on 15 May 1954, is an environmentalist, writer and former editor of Literati magazine based in Chengdu, Sichuan province. He was imprisoned for five years from 2009-2014 for investigating student deaths during the Wenchuan earthquakes in 2008. [Wikipedia entry]
Translated from Chinese 《民间维权十八年，换来牢狱祸连连》
Zhang Xuezhong, translated by Andrea Worden, January 7, 2019
Last week, Dr. Zhang Xuezhong (张雪忠), a law professor at East China University of Politics and Law in Shanghai, posted an article on WeChat titled “Bid Farewell to Reform and Opening Up –– On China’s Perilous Situation and Its Future Options” (《告别改革开放 –– 论当今中国的危局和前路》). The following is an excerpt from the article in which he dismisses the notion that Deng Xiaoping’s time was a better time, a time, many believe, the current leader Xi Jinping has digressed from and should return to. We should point out that, in 2013, Dr. Zhang was stripped of his teaching position at the university by the university’s communist party committee for his writings on constitutionalism, and he now works in an administrative office on campus. He also has been a practicing lawyer and has represented prominent human rights activists, Liu Ping and Guo Feixiong, among others. But in the last two or three years, the university has blocked his practice. In other words, the university has reduced the law professor and human rights lawyer to an office clerk. He should be grateful that he hasn’t been sent to Jiabiangou (夹边沟) to die, if you call that progress. –– The Editors
The Place of Reform and Opening Up in the Course of Long-Term National Transition
From the Westernization Movement to the Reform Movement of 1898, and then to the Revolution of 1911, the idea of a republic–– antithetical to a monarchy––became the consensus of the Chinese elite. Since the Revolution of 1911 through the founding of the People’s Republic of China by the Chinese Communist Party (CCP) and afterwards, although the values of freedom and democracy had not been well implemented, they were modern political principles and ideals such that no political force dared publicly deny, destroy or discard them. In September 1949, the new People’s Political Consultative Conference formulated the interim Common Program (共同纲领), which would both continue the legacy of the Revolution of 1911 and establish a new democratic system.
However, the concept of communist dictatorship that the CCP adhered to then and now, in principle, stands in fundamental contrast to the constitutional government of a liberal democracy. This means that the continuation of the CCP’s rule must be predicated on the elimination of the concepts of freedom, democracy, and the rule of law. Beginning in 1953, a series of political campaigns, such as the socialist transformation movement (社会主义改造) and the “washing” of intellectuals (i.e., thought reform) meant the gradual destruction of the new democratic system. The 1954 Constitution, based on the Common Program, was in force for three years and then abandoned.
This meant that the new democratic system was replaced by the Soviet-style system, and that the political legacy of the Revolution of 1911 was basically eradicated. During the 1957 Anti-Rightist Campaign, following the persecution of Zhang Bojun (章伯钧), Luo Longji (罗隆基), Chuan Anping (储安平) and others, liberal, democratic organized forces with clear political demands vanished completely from the mainland. Since then, although the ideals of freedom and democracy have hung on by a thread, they have survived and been passed on only in the form of personal thought.
Reform and opening up, which was launched after the end of the Cultural Revolution, is undoubtedly a denial of Maoism. It brought opportunities and space for a ravaged Chinese society to recover and recuperate. Compared with Maoism, reform and opening up is substantial progress, and objectively speaking, it brought about the emergence of civil society relative to governmental power.
However, reform and opening up as a political guideline and policy of the Chinese Communist regime, contrary to what Professor Xu Zhangrun (许章润) said, has never been about the transition to a better form of government (优良政体). In fact, it’s exactly the opposite. Reform and opening up, as a policy measure in response to actual circumstances, is aimed precisely at consolidating and continuing the CCP’s one-party dictatorial rule. Initially, reform and opening up relaxed restrictions on society, and the loosening of political oppression made people hope for a more civilized, democratic, and liberal political system. This is the social backdrop of the 1989 student movement. However, the suppression of the student movement by the CCP regime, headed by Deng, undoubtedly indicated to the world that reform and opening up never included in its agenda the gradual establishment of a liberal democracy.
Interestingly, pundits who are today still loudly extolling Deng Xiaoping are deliberately ignoring the most important political decision Deng made during his life–– that is, his decision to use military force to suppress the student movement. This suppression not only ended a patriotic student movement that focused on the pursuit of freedom and democracy, but also ruined the opportunity for a peaceful political transition in China.
In fact, judging from both official public pronouncements and the internal discussions of policy makers, in the past few decades, no CCP figure who has held real power has ever thought about establishing a good, modern political system in China. For CCP leaders, the supreme concern has always been keeping the CCP in power, meaning they must spare no cost to tenaciously defend a backward, premodern system of government. All policies carried out in the name of so-called “reform and opening up” must be based on the premise of defending, and even strengthening, the existing structure of power interests.
I have never denied that compared with the Mao Zedong era, the policies during the reform and opening up period–– and the results of those policies–– are certainly much better [in terms of economic growth and improvement in people’s livelihoods]. But I don’t agree that scholars and pundits should act like the official mouthpieces who invariably look at the path of reform and opening up over the past several decades from a vulgar, utilitarian perspective.
What Criteria Should Be Used to Judge 40 Years of Reform and Opening up?
We must use the discourse of rights and rules before we can fairly judge the gains and losses of reform and opening up.
Once we adopt the discourse of rights and rules, not only can we conduct a fair and convincing evaluation of the past reform and opening up, but we can also more clearly understand the current situation in China. We can even conceive of a clearer future for this country, one that is more reasonable and reliable.
For example, we often see people, who, due to a crass utilitarian mentality, are deeply grateful to Deng Xiaoping for reinstating the college entrance examination (gaokao). However, if we use the discourse of rights, we can see that the resumption of the college entrance examination is both an improvement over the situation during the Cultural Revolution, and at the same time we can understand that it is a fundamental human right of modern society for people to be able to receive higher education when appropriate conditions are met. During the whole period of reform and opening up, not only has the allocation of resources for public institutions of higher learning been unequal and unfair, but also the government’s restrictions on private schools artificially deprives generations upon generations of opportunities for higher education, not to mention the long-term implementation of political brainwashing in the national education.
To take another example, during the period of reform and opening up, there was a limited right to have and protect private property, and the private economy. This is certainly an improvement compared with the preceding period. However, if we realize that personal property rights and business rights are basic human rights to begin with, we can see that during the period of reform and opening up, people’s property rights and business rights have not been adequately respected and protected by the government, and the violation of these rights by public authorities is extremely common and widespread.
As another example, compared with the absolutely unrestrained and comprehensive violation of human rights during the Cultural Revolution, the period of reform and opening up is, of course, much better. But at the same time we can also see that in the latter period, many freedoms, including the people’s right of freedom of speech, publishing, assembly and association, as well as the right to petition and the right to freedom of movement, have been strictly suppressed; and people have always been deprived of the right of political participation, and political persecution has been a common occurrence.
I think these few examples are sufficient to illustrate my point. In fact, once we begin to use the discourse of rights and rules, we not only can transcend the different subjective feelings held by different groups of people, but also objectively and fairly evaluate the reform and opening up policy. Moreover, we can clearly see how decades of reform and opening up have created the various crises and problems in China today.
In a nutshell, the root cause of these crises and problems is the dictatorial system in which a few people monopolize unconstrained power. In the process of reform and opening up over the past few decades, the problem of unfettered government power and unprotected individual rights not only has not been solved, but has also at times deteriorated. The policy priorities of different political leaders may have differed during this period, but they are completely consistent in terms of defending dictatorial power and suppressing individual liberties.
Arbitrary power can be wielded capriciously. When a few people monopolize unconstrained power, the power-holders can relax their control of society at a certain moment due to certain realistic needs, and they can also at a different moment, in response to different practical needs, strengthen their oppression of society. The reform and opening up path of the past few decades has always been based on a political system in which government power is not constrained and individual rights are not guaranteed.
Once we have seen this clearly, it is easy to understand that although there have been different policy priorities during different stages of these decades, the logic of political power behind them has been consistent. In the first stage of reform and opening up, the private economy was tolerated and encouraged to a greater extent, both to remedy the crisis of the national economic collapse caused by the Cultural Revolution, and because the size of the government at that time was still relatively small and the government’s absorption of social and economic resources was at a relatively low proportional level.
But unconstrained power must inevitably be rent seeking, and it is certain to be corrupt. The phenomenon of rent seeking by those in power has accompanied the entire course of reform and opening up, beginning with the dual pricing system (价格双轨制) in the early stage of the reform period. Once government power could be used for rent seeking and profiteering, not only did the power holders’ appetite become bigger and bigger, but it also led to more and more people using various kinds of paths to enter the government, and subsequently, the scale of the government swelled continuously and expanded without limit. Once such a trend reaches a certain critical point, the speed of social production and national economic growth will not be able to keep up with the increasing scale of government exploitation and consumption of social resources. By this time, all sectors of society, including private entrepreneurs, would find themselves in an increasingly difficult situation, with the exception of those who can use their power to extract wealth. We can even say that the various policies of squeezing and tightening in the later stages of the reform are a completely natural and logical result of the reform and opening up.
Leave Behind Reform and Opening up and Move Towards the Creation of a Modern Government
Under the reform and opening up policy, the government has never considered establishing rules for a constitutional government that would guarantee the basic rights of citizens. On the contrary, the suppression of individual liberty and the trampling of civil rights went hand in hand with economic growth. This model of economic growth inevitably led to problems such as a large gap between the rich and the poor, serious environmental damage, and the collapse of social governance. It can be said that the current government financial crisis and various social crises are the inevitable consequences of decades of reform and opening up. Those who have used 2012 as the dividing line and have portrayed the thirty-plus years before 2012 as a beautiful time, it is is incumbent upon them to search their hearts and ask themselves: Of all the social crises people have faced since 2012, which one of these did not already exist before 2012? Which one is not the result of decades of reform and opening up?
If we expand our horizons a bit more broadly, it is easy to understand that China’s political moves in recent years to intensify the repression of civil society and reject Western influences are themselves the logical result of the reform an opening up. The West is the region in the world that first completed modernization, and the core of modernization is political modernization; that is, the democratic politics of national self-governance under the precondition of respecting and guaranteeing individual freedom. The so-called modern polity is exactly the polity of this liberal democracy.
The Sino-Western collision during the Qing Dynasty made the imperial court aware of its own fragility, and the “Westernization movement,” which aimed at self-strengthening by learning from the West, became an important policy measure. But for decision makers in power, this modernization-oriented learning process had to be severed from political modernization. That is to say, the purpose of limited study of the West was not to change the autocratic regime of the minority ruling the majority, but to preserve and consolidate this premodern regime. However, the Westernization of such facets as technology, management, education, and culture gradually created a partially modernized society, which, in turn, led to conflict between the society making big strides towards modernization and the unchanging, obstinate, premodern government.
However, their more likely choice was to forcefully interrupt the process of societal modernization in order to eliminate the threat to the authoritarian regime posed by society’s pursuit of modernization. It is not surprising that after many years of the Westernization Movement, the extremely xenophobic Boxer Movement followed closely behind.
To a certain degree, the post-Cultural Revolution reform and opening up can be regarded as a Westernization Movement under new conditions. The key point is for China to learn from the West––to introduce Western investment, technology, management and products–– but at the same time, resolutely exclude political modernization. This is precisely the reason why Deng Xiaoping’s “four modernizations” slogan at that time did not include political modernization. While adhering to reform and opening up, the government at the same time insisted that the polity uphold the four basic principles that enshrine the leadership of the Communist Party. This is similar in terms of outcome to the formulation “Chinese learning as substance, Western learning for application,” in the late Qing dynasty.
However, with the castration of political modernization from the development agenda, sooner or later there will be a conflict between a society with limited modernization and an authoritarian regime that rejects modernization. At that point, the rulers must make a fundamental decision: either initiate the process of political modernization or discontinue the process of societal modernization.
People lament that China at present is a country that lacks consensus and is highly torn. In fact, the rips that have emerged in various aspects of this country all stem from a fundamental tear: a tear between a society that is looking forward to comprehensive modernization and a premodern government that adheres to the structure of existing power interests. It can be said that China today is a country that is pulling itself apart in opposite directions.
However, this state of pulling itself apart in opposite directions cannot be sustained over the long term. Eventually, either the whole society will succumb to the backward regime and regress to the previous state of closure, depression and poverty; or the backward regime will conform to the demands of the comprehensive modernization of society and transform into a modern political system that is compatible with modern society. In a sense, our country has reached a critical moment: Is it moving forward or backward?
What the Chinese need most is not to look backwards, not to recall with nostalgia the so-called reform and opening up, but to move forward, to decisively bid farewell to reform and opening up, and to work hard to innovate the current premodern polity.
A Great Shift Unseen Over the Last Forty Years, Xiang Songzuo, December 28, 2018.
End Dictatorship, March Towards Freedom — A 2019 New Year’s Statement From the China Citizens Movement
December 31, 2018
China is at a crossroads.
History will remember 2018. In March, Xi Jinping amended the Constitution to everyone’s chagrin, paving the way to life in power.
It’s an anachronism to go back to permanent power in the 21st century. More than that, it’s a subversion of civilization; it’s a shame for the country and for all Chinese nationals.
Xi Jinping has imposed his will on the entire Chinese population. In order to hold onto power, he has to strip the Chinese of their rights and dignity and enslave them.
Xi Jinping is building a new model of totalitarianism that directly threatens freedom of movement and property rights. Each person lives in fear.
Xi Jinping attempts to monopolize all the resources and gain the privilege to rule over everything. Such desires threaten to diminish the struggle for freedom, over the last hundred years, for which countless Chinese have worked hard and made sacrifices.
Xi Jinping is quickly sabotaging the legitimate rules of the international community. His actions are leading China into isolation, making China a threat to the global order.
Over the six years of of his administration, Xi Jinping has been bringing China to a destructive point of no return. The entire country is becoming a sacrifice for his delusion of grandeur.
Citizens, this is the crossroads we have come to.
The road, on which Xi Jinping is forcefully taking all Chinese, is a dark road to disaster, a real “evil path.” It’s a road we can’t go down and refuse to go down.
Another way is to end Xi Jinping’s dictatorship and give the Chinese people freedom. It’s a road that will revive and lead this ancient land to greatness. It’s a road of hope and a road to light. It is the road we are determined to pursue.
We are passionate sons and proud daughters of China. We are students; we are artists. We are Chinese citizens everywhere across the country.
We are the victims of concentration camps in Xinjiang; we are private entrepreneurs who have been ripped off; we are victims of poisonous vaccines; we are also investors who have lost everything in the financial bust. We are every citizen who bears the scourge.
We are prisoners of conscience; we are also human rights lawyers facing the crackdown. We are persecuted believers, and we are also netizens whose accounts are censored or deleted altogether. We are every citizen and we hold close our conscience and convictions.
We don’t have guns or canon, but we have our own weaponry and they are more powerful than guns or canon. We use common sense to dispel lies; we use courage to resist violence; we use hope to overcome tyranny.
No matter how thorny the road ahead, it is our firm belief that Xi Jinping’s reactionary rule will inevitably end and freedom lies right ahead of us.
We know very well that we will pay a price that’s too stiff for ordinary people. But we have made our choice, and that is: instead of succumbing to tyranny, we are willing to dedicate ourselves to the cause of freedom.
We want to tell the world that the Chinese people love freedom, pursue freedom, and will enjoy freedom. One day the rest of the world will witness us being free and rejoicing.
As the New Year begins, we, the Chinese Citizens, shout together: End Dictatorship! March Towards Freedom!
December 31, 2018
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.