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Yaxue Cao, March 21, 2018
Rights Movement Spread All Over the Country
By 2004, Zhao Yan and Li Baiguang were under constant threat. Fuzhou police told the village deputies that Zhao and Li were criminals, and demanded that the deputies expose the two. The Fujian municipal government also dispatched a special investigation team to the hometowns of Li and Zhao to look into their family backgrounds. A public security official in Fu’an said: “Don’t you worry that Zhao and Li are still on the lam — that’s because it’s not time for their date with the devil just yet. Just wait till that day comes: we’ll grab them, put them in pig traps, and toss them into the ocean to feed the sharks!”
On September 17, 2004, Zhao Yan was arrested by over 20 state security agents while at a Pizza Hut in Shanghai. At that point he had already left the China Reform magazine and was working as a research assistant in the Beijing office of The New York Times. He was accused of leaking state secrets, denied a lawyer for several months, and eventually sentenced to three years on charges of fraud.
On December 14, 2004, Li Baiguang and three lawyers, while on their way to Fu’an to handle a rights defense case that was likely a trap, were hemmed in by police vehicles and arrested. Li was accused of illegally providing legal services, because he did not possess a law license. On the evening of December 21, a dozen police officers from Fu’an broke into Li’s apartment in Beijing, pried open his cabinets, and confiscated his hard drives and documents related to dismissing officials.
Thanks to the efforts of his friend Yu Meisun and a host of liberal intellectuals and journalists, Li Baiguang was released on bail after 37 days in custody. December to January are the coldest months of the year in Fujian, and there was no heating. In a cell with dozens of people, Li Baiguang recalled later, “I wore a suit, and it was cold. As a form of punishment, they told the cell boss to make me bathe in freezing seawater every day. I lost a lot of hair, and lost so much weight that my cheekbones protruded. When I came out my nephew hardly recognized me.”
The removal of officials between 2003 and 2004 was one of the key campaigns that initiated the rights defense movement, and one of the largest-scale rights defense activities in China. Around the same time, rights defense initiatives took place. During the Sun Zhigang (孙志刚) Incident in March 2003, three Peking University law PhDs, Xu Zhiyong (许志永), Yu Jiang (俞江) and Teng Biao (腾彪) wrote a letter to the National People’s Congress, demanding that they conduct a constitutional review of the law “Administrative Measures for Assisting Vagrants and Beggars with No Means of Support in Cities” (《城市流浪乞讨人员收容遣送办法》). He Weifang (贺卫方), Xiao Han (萧瀚), He Haibo (何海波), and two other well-known legal scholars demanded that the NPC conduct an investigation into how the ‘administrative measures,’ commonly known as ‘custody and repatriation,’ were actually being implemented. Gao Zhisheng began defending Falun Gong practitioners in court, demanded that the government respect freedom of belief, and called for the torture against practitioners to cease. Numerous other lawyers and legal scholars also began taking up human rights defense cases, bringing them to public consciousness. Other notable cases of the period included the defence of Hebei private entrepreneur Sun Dawu (孙大午), who was accused of ‘illegal fundraising’; the case of injured investors in the Shanbei oil fields; the case of Christian Cai Zhuohua (蔡卓华) who was arrested for printing the Bible; the Southern Metropolis Daily editor and manager Cheng Yizhong (程益中) and Yu Huafeng (喻华峰) who were punished for reporting on the Sun Zhigang case and broke the news of SARS; the ‘Three Servants’ religious case that involved hundreds of believers; the libel case against the authors of the Survey of Chinese Peasants (《中国农民调查》), and other incidents.
In fall of 2003 Xu Zhiyong, Teng Biao, and Zhang Xingshui (张星水) founded the organization Sunshine Constitutionalism (阳光宪政) in Beijing, later changing its name to the Open Constitution Initiative (公盟). Gongmeng, as it’s often known per the Chinese title, became a hub — and incubator — for human rights lawyers and legal activists. They held a meeting nearly every week, and Li Baiguang was one of the regular participants.
In the winter of 2003 there was an upsurge in the participation of independent candidates in People’s Representative elections in Beijing, and a number of these candidates were successful.
Many independent NGOs focused on environmental protection, AIDS control and prevention, women’s rights, and disabled rights, had sprung up in Beijing and other cities. They used the law and advocacy to propagate rights awareness.
Entering 2005, the dismissal of officials in Taishi Village (太石村), Guangdong Province, as well as the Linyi Family Planning Case in Shandong (临沂计生案), became public events involving lawyers, public intellectuals, and citizen activists from around the country.
At the end of 2005, Hong Kong’s Asia Weekly magazine highlighted 14 human rights lawyers and legal scholars, including Li Baiguang, as 2005 People of the Year. It said that “these 14 rights defense lawyers aren’t afraid of power; they wield the constitution as a weapon, harness the power of the internet, and work to defend the rights of the 1.3 billion Chinese people granted in their own constitution, while pushing for the establishment of democracy and rule of law in China.” In the ensuing years, with the exception of one or two, these 14 lawyers and scholars would be arrested, tortured, disappeared, disbarred, or forced into exile. Still, the grassroots rights defense movement they helped to kick off would continue to expand, and gain new energy in the age of social media. We shall not elaborate on that here.
‘Turning into an Ant’
In late July 1999, after publishing Samuel Smiles’ “The Huguenots in France” (issued under the Chinese title “The Power of of Faith” 《信仰的力量》) , Li Baiguang went to a church in the Haidian district of Beijing, bought a copy of the Bible, and began to read it. In January 2005 after he was released from prison, he began attending the Ark Church in Beijing (北京方舟教会) to study the Bible and pray. The Ark Church was a meeting place for many dissidents, rights lawyers, Tiananmen massacre victims, and petitioners — and for this reason the house church suffered regular harassment by the police. On July 30, 2005, Li was baptized in a reservoir in Huairou (怀柔), Beijing. He loudly proclaimed his witness, telling of the several times in his life when he brushed shoulders with death. He spoke of the time that an inner voice told him to stop, as he was considering plunging to his death from a building at university. He told of the catastrophes he escaped in 1998, 2001, and then in 2004. He spoke of the cumulative impact that Samuel Smiles’ books had on him, and, finally, he expressed his gratitude to Jesus.
He began to tremble violently as he read, and only after the baptism was complete and he had sat down a while did it subside.
For Li Baiguang, the freedom of the mind and soul and political freedom are simply two sides of the same coin. In 2000, while translating Smiles, Li wrote an essay titled “The Fountainhead of Modern Freedom is the Freedom of Individual Conscience” (《现代自由的源头是个体的良心自由》). He came to believe that only faith can shape and form conscience, and further, that the emergence of individual conscience is the origin and basis of freedom. This also makes it the source of the courage and motivation to fight for freedom and against despotism. He doesn’t believe that the widespread failure of Chinese to distinguish right and wrong, and the country’s moral decay, can be laid entirely at the feet of the Communist Party’s dictatorship.
In April 2006, in a session of “The Middle Forum” (《中道论坛》) with Fan Yafeng, Chen Yongmiao (陈永苗), and Qiu Feng (秋风), Li said he was tired of liberal intellectuals’ decades-long discussions of grand themes like constitutional governance, reform, and future China. He described his own turning point of involvement in actual, real life rights defense work. Of the eight years between 1997 and 2005, he said, he too spent the first five focused on all sorts of macro abstractions. “Recently I’ve had a realization: I’m willing to become an ant. I want to take the rights and freedoms in the books and, through case after case, bring them into the real world bit by bit. This is my personal stance. The path to this is legal procedure. In summer, the ant gathers food. Today, I’m also transporting food under the framework of rights defense, and in doing so accumulating experience and results for the arrival of the day of constitutional government.”
“According to the principles of political mechanics, it’s impossible to change minds overnight in such a large system. All you can do is loosen the screws one by one and turn the soil over clump by clump,” he said. Li held high hopes in the future of the nascent rights defense movement, and the gradual dismantling of autocracy from the margins. He thought that the rights defense movement would be crucial to China’s future establishment of a constitutional democracy.
This was the first time he proposed the ‘ant’ idea. In the years afterward, this is how he characterized his work and it became very familiar to his friends.
In May 2005, the Midland, Texas-based NGO China Aid, as well as the Institute on Chinese Law & Religion, invited seven Chinese rights lawyers and legal scholars to join a “China Freedom Summit.” Among those invited, Gao Zhisheng, Fan Yafeng, and Zhang Xingshui were blocked from leaving China; Li Baiguang, Wang Yi, Yu Jie, and Guo Feixiong were able to make it to the United States. Li Baiguang delivered a speech at the Hudson Institute titled “The Legal Dimensions of Religious Freedom: Reality and Prospects in China.” It proposed a systematic approach for defending religious freedom according to the law in China, and included the following actions:
- Submit an application to the Standing Committee of the National People’s Congress for constitutional review of laws, regulations and policies related to freedom of religious belief, and demand the annulment of unconstitutional laws that infringe upon religious freedom;
- Apply for religious services for prisoners in detention centres, prisons, and re-education camps in China who believe in God, or have come to believe while in detention, and send the gospel of Jesus Christ to all of the above detention facilities;
- Provide relief to Christians whose religious freedom has been infringed upon by agents of the state;
- Provide restitution to Christians who have had their persons or their residences illegally searched by agents of the state;
- Provide restitution to Christians who are being subjected to re-education through forced labor;
- Provide restitution to Christians or Christian organizations who have been punished with large fines;
- Provide restitution for those who have been harmed by the dereliction of duty of state organs.
On May 8, while at the Midland office of China Aid for one week of Bible study, the group learned that they would be granted a meeting with President Bush in the White House. On the morning of May 11, President Bush met with Yu Jie, Wang Yi, Li Baiguang, China Aid director Bob Fu, and Institute on Chinese Law & Religion director Deborah Fikes, in the Yellow Oval Room.
Li Baiguang presented President Bush with a gift — a copy of a proposal to make a documentary titled “American Civilization.” It was exquisitely designed by the artist Meng Huang (孟煌). In 2003, Li and his intellectual friends in Beijing designed together two major documentary projects. One of them was a 30-episode series that would introduce the democratic experience in 30 countries. Another, “American Civilization,” would be a 100-episode documentary series that would provide Chinese people a comprehensive introduction to the establishment of America, including its political life, its judicial system, education system, and religious beliefs. “I want to make it a television special for the education of the public,” Li said. He established the Beijing Qimin Research Center (北京启民研究中心) to push the plans forward, but in the end the two ambitious projects were aborted.
The three Christians from China being received by President Bush was, at the time, a major news story. But for the ten years following, the meeting with the U.S. President was remembered more for a controversy that surrounded it: the so-called “rejecting Guo incident.” This is a reference to the fact that Guo Feixiong was excluded from the meeting, purportedly by Yu Jie and Wang Yi, who argued that the meeting was for Christians only and Guo should not attend because he was not a Christian. Later, Li Baiguang expressed his regret that this had taken place. He told rights defense lawyer Tang Jitian (唐吉田) that if it didn’t occur, along with the enormous acrimony around it, the different groups in Chinese civil society might have been more unified and stronger.
Also during this trip to the U.S., Li was invited by Bob Fu to be China Aid’s legal consultant. When Li returned to China, he said in a 2010 interview, apart from his regular rights defense work, he “traveled across the country to provide legal support to persecuted house churches.” Li partnered with China Aid in this fashion until his death.
During that same period, Li sat the bar, passed, and became a lawyer. In December 2007 he hung his shingle with the Common Trust Law Firm (共信律师事务所) in Weigongcun, near Peking University.
In June 2008, Li and six other Chinese dissidents and rights lawyers were awarded the National Endowment for Democracy’s Democracy Award.
Li Baiguang was among the 303 initial signatories of Charter 08. But after that point he gradually retired from the media and public spotlight. “Although the substance of my rights defense work has not changed,” he said in the 2010 interview, “my methods are more low-key and moderate than before. I no longer write articles attacking and castigating the authorities; all I want to do now is actually see implemented the laws that they themselves wrote, and win for victims the rights and freedoms that they should enjoy.”
Over the following years Li, as a lawyer, left his footprints in every Chinese province except Tibet, acting as defense counsel in several hundred cases of persecuted Christians. The cases he was involved in include: the Shanghai Wanbang Church in 2009 (上海万邦教会), petitioning for Uighur church leader Alimjan Yimiti (阿里木江) in 2009, the 2010 Guangzhou Liangren Church case (广州良人教会), the 2010 Shuozhou Church case in Shanxi (山西朔州), the 2012 Pingdingshan Church case in Henan (河南平顶山) , the 2014 Nanle case (南乐), and the Cao Sanqiang (曹三强) case in 2017, among others.
As for the result of defending house churches, Li Baiguang summed it up in 2010 as follows: “If we look at the outcome of the administrative review of every rights case, the judgment has ruled against the church almost without exception. But later, I found a very strange phenomenon: after the conflict dies down, looking back a year later, we find that the local public security and religious bureaus no longer dare storm and raid these house churches, and congregants can meet freely. Using the law as a weapon to defend religious freedom works. Where we’ve fought cases, churches and religious activities in the area have since been little disrupted.”
During the same period, Li also defended numerous dissidents, rights lawyers, activists, petitioners, and peasants entangled in compensation disputes. These include Guo Feixiong’s appeal in 2009, the Zhu Yufu (朱虞夫) case in 2011, the lawsuit filed against the government in 2013 by Wang Xiuying (王秀英) for being sent to re-education through forced labor during the Olympic Games, the defense of lawyers Zhang Kai (张凯) and Liu Peng (刘鹏) in 2015, as well as the defense of 709 lawyer Xie Yanyi (谢燕益) in 2015, the mass arrest in Wuxi on April 16, 2016, the commemoration of the June 4 massacre by seven citizens in 2016, the mass arrests in Fuzhou as well as Suzhou during the G20 in 2016, and the defense of lawyer Li Yuhan (李昱函) in 2017.
While he was engaged in all this, Li also held rights defense training sessions for house churches around China. According to Bob Fu, director of China Aid, over the last roughly ten years, Li has trained several thousands people; the most recent was in January 2018 in Henan — conducted while he was lying on his back after he injured his leg, as church leaders from the local district gathered around to hear him discuss how they should defend their rights according to the law.
Between 2011 and 2013, Li taught in a number of training sessions for “barefoot lawyers” under the aegis of the “Chinese Urgent Action Working Group” (中国维权紧急援助组). In 2016 he also helped with a workshop for independent candidates for People’s Deputies elections. The Chinese Urgent Action Working Group is an NGO founded by the Swede Peter Dahlins, American Michael Caster, and rights lawyer Wang Quanzhang in 2009, offering legal training to rights defense lawyers and funding cases.
Li was extremely dedicated and hardworking, according to Dahlins. He focused on details, followed guidelines, and was always a long term thinker. Dahlins often joked with Michael Caster that Li Baiguang, who had met presidents and prime ministers, dressed and looked like a peasant.
Li also took part, with other human rights lawyers and activists, in trainings on the United Nations’ human rights mechanisms in Geneva under the aegis of Chinese Human Rights Defenders (维权网), an NGO that promotes human rights and rule of law in China.
In around 2009, the 40-year-old Li, who had been single his whole life, married his former college friend Xu Hanmei (徐寒梅). In around 2010 they moved to Jurong (句容), a small city near Nanjing in Jiangsu Province, and settled down in a village called Desadoufu (得撒豆腐村). The name Desa comes from the Hebrew “Tirzah,” a Canaanite town mentioned in the Old Testament; the village, originally known for its stone mills used to grind soybeans for tofu, got its name from a church established by Western missionaries. It’s since become a tourist attraction for its pseudo-classical building complexes meant to recall the past.
Most residents in the town are Christians, Li Baiguang told friends. The community built its own kindergarten and elementary school, vegetable gardens, and sports pitch. “I felt like they built their own little Shangri-La,” Yang Zili said.
The Jianxi Church (涧西教会) that Li was associated with is the largest in the area, with around 200 stable congregants, most of whom were like Li: well-educated, having moved permanently to the village from elsewhere in China. For weekend church service, parishioners and catechumen (gradual converts) came from Zhejiang, Shanghai, Anhui and elsewhere, packing the church to the rafters. For these reasons, the church came to be watched closely by local religious affairs officials.
‘The night is nearly over; the day is almost here’
Li Baiguang was not part of any of the public incidents that have been brought to national attention by activists and netizens since 2008. In the mass arrests during the Jasmine Revolution of 2011, Li was not among them. When the New Citizens Movement became active between 2012 and 2013 and activists held regular dinner events, Li did not get involved. He wasn’t even part of the Chinese Human Rights Lawyers Group (人权律师团), founded in 2013. The 709 mass arrests of human rights lawyers didn’t implicate him, though for a while he signed up for being a defense counsel for 709 detainee lawyer Xie Yanyi. Numerous human rights lawyers have been barred from leaving the country; Li, on the other hand, traveled back and forth to America at will from 2006 to 2018.
Even when he was given trouble by police and state security, he did his best not to go public with it.
Per his own assessment in 2010, the authorities were “tolerating me to a much greater degree.” But his state of hypervigilance tells another story. A friend, Zheng Leguo (郑乐国), said that whenever he was with Li Baiguang in public places, Li would quickly scan his eyes over everyone in the vicinity to detect anything out of order. He was extremely careful about what he ate. When they ate at McDonalds, Li chose a table near the door, that way he could see people coming in and going out, and he could also escape at a moment’s notice if need be.
For Li Baiguang, 2017 was a disturbing year.
In January, he traveled to Washington, D.C. for the 15th anniversary of China Aid held at the Library of Congress. It was an invitation only event. During his remarks, Li said that apart from the suppression of civil society and human rights lawyers, attacks against house churches were also getting more severe. “From this point forward, human rights in China will enter its darkest period.” He added that rights defenders in China would use their God-given wisdom and intelligence to promote human rights, democracy, and the rule of law; he also called on the international community and NGOs to do what they could to help. “The night is nearly over; the day is almost here,” he said, citing Romans 13.
Li’s remarks were somehow leaked, according to Bob Fu, and reached the Chinese authorities — when Li returned home was treated “with severity.”
On October 17, 2017, a case Li was defending, involving seafood farmers in Wenling, Zhejiang, suing the government for malfeasance, went to trial. In the evening as Li was returning to his hotel, he was abducted by a dozen unidentified men. They took him to a forest and worked him over. They slammed their fists into his head and ordered him to leave the city by 10:00 a.m. the next morning, or else they would decapitate him and cut off his hands and feet. “When he mentioned that kidnapping,” Bob Fu said, “it was the most frightened I had seen him. The incident shook him badly.”
Another case Li took on in 2017 involved the apparent murder of a certain Pastor Han, of Korean ethnicity, in Jilin, northeastern China. Han was a pastor in the Three-Self Patriotic Movement who provided aid to North Korean refugees, and encouraged them to return to North Korea and spread the Gospel. It appeared that he was assassinated by North Korean operatives.
Towards the end of the year, Li met with the Beijing-based AFP journalist Joanna Chiu. After they met in a Starbucks, Li led her out into a small alley, across the street, and into another coffeeshop in order to avoid surveillance. He told Ms. Chiu how he’d been beaten, and also the suspicious death of the pastor.
In early February 2018, Li was invited to the National Prayer Breakfast, an annual event dedicated to the discussion of religion in public life, attended by thousands, including the U.S. president, policymakers, and religious and business leaders. Bob Fu, in an interview with VOA after Li’s death, said that when Li was in the U.S. from February 5-11, the pastor of Jianxi Church was questioned about the whereabouts of Li and what he was doing in the United States. After he got back to China, he spoke with Fu twice, explaining that he was being investigated, and that danger felt imminent.
At 3:00 a.m. on February 26, 2018, Li Baiguang died in the Nanjing No. 81 PLA Hospital. In response to the widespread shock and suspicion, his family announced that he had died of late-stage liver cancer.
The death of Li Baiguang, like the death of Liu Xiaobo seven months ago, brings with it a momentous sense of ending. The PRC’s neo-totalitarian state grows more complete by the day; the discourse of political reform represented by Charter 08, and the rule-of-law trajectory sought by the rights defense movement, have hit a wall. Neither have room to expand. One by one, little by little, opportunities for further progress have been sealed and nixed. Truly, a ‘new era’ in China has begun.
The night is long; the worst is yet to come. Li Baiguang has died, like Liu Xiaobo, like Yang Tianshui, like Cao Shunli and all those who have fallen in the dark, but they live on; they are sparks of fire in the journey through night.
 They are Xu Zhiyong, Gao Zhisheng, Teng Biao, Pu Zhiqiang, Mo Shaoping, Li Baiguang, Zheng Enchong, Guo Feixiong, Li Heping, Fan Yafeng, Zhang Xingshui, Chen Guangcheng, and Zhu Jiuhu (许志永、高智晟、滕彪、浦志强、莫少平、李柏光、郑恩宠、郭飞雄、郭国汀、李和平、范亚峰、张星水、陈光诚以及朱久虎).
 The Institute on Chinese Law & Religion was registered in Washington, DC. It is now inactive.
Yaxue Cao edits this website. Follow her on Twitter @yaxuecao
Read it in Chinese 《蚂蚁的力量：纪念李柏光律师》
Yaxue Cao, March 20, 2018
Li Baiguang (李柏光), a human rights lawyer, died on February 26, aged 49.
Li Baiguang, born on October 1, 1968, was the youngest of seven children in a tiny mountain village household in Jiahe county, Chenzhou, Hunan. His father died when he was seven years old. The family was impoverished. When Li reached school age, his playmates went to school, but he had to stay home another year and help his mother with chores. One day, after he herded the ducks back home, Li went to the school, leant on the window, and saw his friends all studying. He returned home and told his mother through tears: “If you don’t let me go to school, I’ll hack our ducks to death.”
In 1987, the child who used to sleep on the hard loft of a pigpen with his brothers matriculated to Xiangtan University (湘潭大学) majoring in philosophy. “While I was at university, my living expenses were roughly 50 yuan a month. Every cent of it was made by my mother selling bitter melon, squash, rice wine, and our pigs,” Li told an interviewer in 2010. One month in winter, when the family didn’t send money, he had to borrow from another student; by the next month, he couldn’t afford to pay it back. “It hurt me so deeply that I didn’t want to live anymore; I wanted to jump off a building. However, I was held back by the thought that if I did kill myself, I’d be letting my mom down.”
After graduating from the unremarkable Xiangtan University, Li scored well enough on a test to be admitted to China’s premier institution of higher education, Peking University’s School of Law. This feat by itself indicates his intelligence and grit. Despite that, “my family weren’t impressed that I’d gotten into PKU. When I finished my Masters and went onto a PhD, they were even less pleased. They said: You’re reading so many books, but no one back home benefits in the least. You’d be better off coming back and being a village cadre.”
At PKU, Li studied constitutional and administrative law; his advisor was the renowned Chinese constitutional law scholar Xiao Weiyun (萧蔚云). A series of lectures that he and classmates held about the constitution came in for criticism not only by his advisor (“Why aren’t you addressing the benefits of socialist rule of law, but instead talking about how French supreme court justices understand the constitution?” he jabbed), but also attracted the attention of the Ministry of State Security. In 1997 after Li received his PhD, his advisor was concerned that he would be trouble if he stayed, and thus rejected Li’s application for a teaching position at PKU.
At the end of that year, Li went to Hainan University. In the 1990s, Hainan was the largest Special Economic Zone in all of the country, and had attracted people from the rest of China hunting for opportunity. Many had been functionaries in the government until the violent suppression of the 1989 democracy movement crushed their political aspirations; others were student activists, at a loss and disillusioned. At Hainan University, a faraway and marginal institution, Li Baiguang continued to hold academic salons with students, taking great joy in their discussions on democracy and the rule of law.
The Year of 1998
In early 1998, a friend from Li Baiguang’s home province introduced him to a small group of democracy activists in Guangzhou. They were part of a campaign to organize an opposition party across cities and provinces.
In the 1990s, there were two major campaigns to organize independent political parties. The first, led by Hu Shigen (胡石根) in Beijing in 1992, involved a few dozen and was quickly met with severe repression. The leaders were given heavy sentences, with Hu Shigen jailed for 20 years. The next was in 1998.
The global context of the 1998 party organization event is worth sketching out. Following the 1989 Tiananmen massacre, U.S. Congress turned the annual review of China’s Most Favored Nation trade status into a debate and criticism of human rights conditions in China. For all that, from the beginning of the 1980s, the U.S. never once failed to grant China MFN status, including in 1990, after the massacre in Beijing. China’s strategic goals through the 1990s were 1) to normalize trade relations with the U.S., 2) to join the World Trade Organization. Thus, the U.S. and China, and China and the world, were engaging in “trade for human rights” deals. They included the following:
- In October 1997, China signed the International Covenant on Economic, Social and Cultural Rights (though did not ratify it until 2001);
- In November 1997, China’s most well-known political prisoner, Wei Jingsheng (魏京生), was released and went into exile in the U.S.;
- In June 1998, President Clinton asked Congress to abolish the annual review of Most Favored Nation status for China, and to grant China permanent normal trade relations;
- On June 25, 1998, President Clinton arrived in Xi’an, kicking off a tour of China. His hosts had him observe local elections in Xiahe village, on the outskirts of Xi’an. “I understand that soon, like nearly half a million other villages across China, you will be voting to choose your local leaders,” he remarked;
- In September, 1998, United Nations High Commissioner for Human Rights Mary Robinson visited China;
- In October 1998, China signed the International Covenant on Civil and Political Rights (ICCPR; though 20 years later has yet to ratify it);
- In November 1998, the National People’s Congress passed the “Organic Law of the Villagers’ Committees of the People’s Republic China” (《中华人民共和国村民委员会组织法》) which guaranteed that villages would be able to govern autonomously and carry out grassroots democracy.
The reader can very well imagine, in the context of all of this, how Chinese dissidents were full of hope about the unprecedented possibilities of 1998, and how their imagination was fired. The democracy activists’ plan was to formally and openly register a political party in China. This was, after all, one of the rights stipulated in the ICCPR, and the organizers were no longer interested in secretive and shadowy political opposition.
The 29-year-old law PhD Li Baiguang helped prepare the materials for the registration of the “Democracy Party of China.” He may have even authored the party’s charter. Having done what was entrusted to him, Li went back to Hainan. One afternoon, he received a telephone call telling him that the University’s Party Committee Secretary, as well as the head of the law school, wanted to speak with him. The three met at the law school, and they asked him about his teaching. When he left the meeting and went outside, two burly men were waiting. They strode over and, each grabbing an arm, hauled the five-foot Li into a waiting Toyota. Li asked, “Are you from the Ministry of State Security?” They laughed.
Li was detained for a week. They questioned him about his role in the party registration. All the related documents he had were confiscated during a raid of his apartment. They also demanded that he produce a written statement of guilt and repentance, and that he not leave Hainan. He wrote a confession and agreed to stay in the city. After that, security officials kept him under surveillance, and often demanded he grant them “chats.”
A fortnight later, in March 1998, Li booked an airline ticket from a friend’s house and the next morning quietly took the first flight out of Hainan straight to Beijing.
The day Clinton arrived in China, Wang Youcai (王有才) and his colleagues in Hangzhou traveled to government offices to register the Zhejiang branch of the Democracy Party of China. Their application was denied. In September, Shandong activists traveled to local government offices to register the Shandong branch of the Democracy Party of China, also to no avail. In Wuhan, activists led by Qin Yongmin (秦永敏) went to the Hubei Provincial Civil Affairs Bureau and lodged the application for the Hubei provincial organizing committee of the Democracy Party of China, and were also rejected. In November, Yu Wenli (徐文立) and other activists in Beijing announced that they were establishing the Beijing and Tianjin headquarters of the party. Democracy Party organizers across the country were then tracked down and arrested, and at the end of 1998 charged with “subversion of state power” and given harsh prison sentences. Wang Youcai of Hangzhou got 11 years; Qin Yongmin of Wuhan got 12 years; Yu Wenli of Beijing, 13 years. Liu Xianbin (刘贤斌) in Sichuan persisted in party organizing and was sentenced to 13 years imprisonment in 1999.
Following this — despite the continued arrest and imprisonment of independent scholars and political dissidents, as well as the brutal suppression of Falun Gong in 1999 — Clinton in October 2000 signed into law permanent normal trade relations with China. The following year, China proceeded to join the WTO. Nearly 20 years later, however, China has not made good on its trade promises, nor does it intend to; instead, China has undermined WTO rules and norms, as a January 2018 report by the United States Trade Representative says. Thus, though China, in bad faith, played the “trade for human rights” deals of the 1990s, it won every hand. This is because the Chinese government well knew that U.S. companies were salivating over the China market, that the U.S. would go along with the pretense that the Chinese authorities were sincere, and that no one would follow-up on the broken promises.
Now in 2018, we can imagine ourselves in a time machine, and take a fresh look at how both laughable and tragic were these “trade for human rights” negotiations in 1998.
Li Baiguang was spared prison in 1998 only because he was an inadvertent beneficiary of the negotiations underway. So as to not ruin their grand trade deal, the Party took a relatively lenient approach against the non-core party organizers.
If it were 2018 in which all this took place, Li would not only have not escaped jail time, but he wouldn’t have even been able to flee Hainan. Whether by plane, boat, or train, his ID card would have thrown out a “person of interest” alert, and facial recognition technologies would have picked up his movements. He’d have had nowhere to go, and nowhere to hide.
When he got to Beijing, Li holed up in a small house near Peking University; he didn’t contact anyone, and stayed off the telephone.
However, he didn’t stay hidden long. That year PKU celebrated its 100th anniversary of founding, and the houses of local residents around the campus were being razed for construction, sparking conflicts. Li and friends got involved in helping the residents resist the illegal demolition. One day, after he left a bookstore near the Southern Gate of PKU, he found that the bicycle he’d left by the door had been badly mangled. He knew it was a warning. As he explained in a later interview: “After that I holed up in the house again and dared not go out.”
Many of Li Baiguang’s friends and acquaintances in Beijing were young liberal intellectuals and political dissidents that had been tracked and tagged by the Ministry of State Security. Security agents were thus quickly able to identify his whereabouts. One evening in August of 1998, as Li was riding past the Eastern Gate of Peking University, he was knocked off his bicycle by a Volkswagen Santana. Two large men climbed out, shoved him in the car, hooded him, squashed him between them in the back seat, and rammed his head towards his crotch. After driving 40 to 50 minutes, he was dragged into a basement and interrogated by people who identified themselves as agents of the Beijing Bureau of State Security (北京市国家安全局), as well as agents who had come from Hainan. They wanted to know what he’d done since he left Hainan, and why he left without permission.
They released him that evening. The Beijing agents made him write a ‘guarantee letter’ promising that he would not flee again, and that he’d submit ‘thought reports’ regularly. Before long he began to find this unbearable and told the police that he would not write the reports anymore. His home was again raided, and they found that Li had cursed them and sworn revenge in his diary. He never kept a diary after that.
A friend remembers the deep impression left on Li by the harassment and monitoring of 1998: “They infiltrate your blood,” he said.
After his return to Beijing, Li relied on translating, proofreading, and writing to make a living. This was the kind of work that Li enjoyed and felt at home with. In graduate school at PKU, he had translated Machiavelli’s “The Prince.” The book had already been translated before, but his version, titled in Chinese “The Way of the Ruler,” introduced it to a popular audience. In the summer of 1998 when he was proofreading “The New Asian Way,” he encountered the work Victorian author Samuel Smiles, in particular the classic “Self Help.”
He borrowed Smiles’ book from the PKU library and found it “deeply moving and inspiring.” Li wrote in a 2005 essay: “Samuel Smiles’ works, through moving stories that compel tears, gives amply convincing witness to the fact that nobleness of character and spirit is the salvation of every individual, country, and people — and that this is our sole path to freedom and happiness.”
Through the 1990s, numerous ‘shadow’ publication houses cropped up in Beijing doing a lively business in the book trade. In China, only books with an official publication number are allowed to be printed, and these publication numbers were only allocated to government-registered, state-run presses. Private publishers would buy publication numbers from the state presses to publish books. Most of the proprietors were intellectuals who couldn’t stand the oppressive restrictions of the official system; some were idealists who hoped to awaken the public through books and the spread of new ways of thinking. Many of these businesses were composed of just a few people, and most of what they published were translations.
Li Baiguang decided to translate and publish Samuel Smiles’ works (the copyright on which had already expired), and he became a publisher.
In January of 1999, Li published the Smiles classic “Self-Help” through the little-known Beijing-based Yanshan Press (北京燕山出版社). In July, September, October, 1999, then in July and October in 2010, Li published a series of Smiles’ books under the Beijing Library Press, respectively “Character,” “Duty,” “Thrift,” “The Huguenots in France,” and “Life and Labour.” He marketed the series as the “Conscience Collection” (良知丛书). Li took on planning and editorial tasks for the series, while also performing some of the translation. He farmed out distribution and sales to contractors already established in the industry. Li’s obsession and dedication to the work is clear from the compressed timeline.
In November of 1999, The Commercial Press, a major Beijing publishing house, published Li Baiguang’s translation of American professor Robert Dahl’s “On Democracy,” a book of instruction on the history and fundamental tenets of democracy.
Among the works Li had first published was the 19th century French judge Louis Proal’s “Political Crime.” The Chinese version, based on the 1898 English-language translation, was published by Reform Press in April 1999. It immediately attracted the attention of the Ministry of State Security. As put by one of the translators and Li’s friend Wang Tiancheng (王天成), “The title of this book was just too outlandish for the authorities.” Indeed, the “political crimes” discussed in the book were not principally in reference to crimes against the government, such as treason and revolt, but instead crimes committed by governments and politicians, including assassinations, hatred, hypocrisy, political spoliation, electoral corruption, and so on.
State security agents came and confiscated everything off the desk of the typist. Li Baiguang went into hiding once more. “Political Crime” had its commercial life stunted.
The Conscience Collection, on the other hand, sold exceptionally well, in particular “Self-Help.” This put a little money in Li’s pocket.
Around strangers and new acquaintances, Li Baiguang was quiet and taciturn. But when he was with old friends, he wouldn’t quit talking. During gatherings at his apartment, once he got going on a topic, he rarely stopped, not caring whether his audience had lost interest or not. He also had a peculiar hand-gesture, well known to friends who tried to interrupt him: he pushed his palm down and said “Listen to me!” Those who know him, without exception, were left with a deep sense of his passion, energy, focus, and learning.
“He is a rather pure man,” one friend said.
After accumulating a small amount of capital with the Smiles venture, Li was in a position to buy up copyrights to translate and publish contemporary foreign books. This was not always successful, as his sales of American author and speaker John C. Maxwell’s series on leadership demonstrated. To make matters worse, not long after this one of Li’s distributors absconded with some of his money. Between 2002 and 2003, Li got out of the publishing business.
‘Stomp You to Death’
In around the year 2000, while he was still in the book business, the Ministry of State Security apparently decided that he wasn’t such a serious threat to national security after all, and assigned him to the Beijing Public Security Bureau for supervision.
On March 13, 2001, MSS agents in Beijing and Tianjin secretly arrested eight young people, six of whom were recent graduates, and two current graduate students, at universities in Beijing. They met each other through intercollegiate student clubs. In August of 2001, in the rented flat of a friend, the group signed their names, impressed their fingerprints, stacked their hands together and vowed to form an “organization.” The name they gave themselves was the “New Youth Study Group” (新青年学会), a nod to the “New Youth” journal established by one of the founders of the Chinese Communist Party Chen Duxiu (陈独秀). Indeed, four of the young men were themselves CCP members; their guiding principles were “freedom, democracy, justice, equality.” Over the next few months they gathered now and then on campus, in a dorm, or outside, often speaking for hours at a stretch about official corruption, layoffs, or the burdens of farmers, among other emerging social problems in China. They also invited liberal scholars to come and give lectures. They were rarely unanimous in their ideas, but all agreed that Chinese society was becoming increasingly unequal by the day, and that the government was suppressing healthy discourse. They were united in the belief that China had to undergo democratic reforms.
The case of the “New Youth Study Group” was the most significant political incident to emerge in 21st century China. One of the two of the undergrads, it turned out, had long been an MSS asset; the other, the only female in the group, leveled accusations against four other members after numerous interrogation sessions. Statements given to the police by these two were used by prosecutors as the basis of charges of “subversion of state power” against the other four, who were sentenced to between 8 and 10 years of imprisonment.
On the evening of March 21, 2001, police came knocking on Li Baiguang’s door. He was taken to the Haidian district police station and interrogated; police wanted to know about his relationship with Yang Zili (杨子立). Yang, 28, was the oldest member of the New Youth Study Group; two years prior he had finished graduate studies at the Department of Mechanics at PKU, and was working as a software engineer. He and Li knew one another at PKU between 1995 to 1997, and Li introduced Yang, among other students, to thinkers like Hayek, Orwell, Mill, Montesquieu, and von Mises. Li also delivered lectures to Yang Zili and his friends on constitutional law, for which Li and Yang were summoned and questioned by state security.
Since returning Beijing in 1998, Li Baiguang had lived close to Yang and a few like-minded friends in Beijing. They would gather and converse, and Li sometimes delivered lectures to the “New Youth Study Group.”
The interrogation went for three hours that night. When police let Li go, they cautioned him: “We’re not through with you. We’ll see you again.” They told him to stay in town.
The police came again on March 24, three nights later. This time Li was taken to a secret interrogation facility at the foot of the mountains in Xiangshan, western Beijing. For the next seven days, as he recounted in a 2010 interview, he was put to extremely detailed questioning: they wanted to know where he grew up and what his family was like, his time studying in Beijing, his involvement in the Democracy Party of China in 1998, what he’s been doing in Beijing since, and other questions.
The secret interrogation likely touched on other things he was involved in — for instance, his submissions to VIP Reference (《大参考》), one of the largest pro-democracy email newsletters dispatched daily from the United States, which focused on news and analyses censored by the authorities. The newsletter’s influence was enormous from about 2000 to 2004, when it was said to have around one million recipients in China. Zhao Yan (赵岩), who worked with Li Baiguang over those years, told me that part of he and Li’s ‘underground work’ was submitting articles about rights defense incidents and internal Party struggles to VIP Reference. The only reason Li wasn’t caught by the MSS, Zhao Yan said, was because he wiped his computer daily. Li Hongkuan (李洪宽), the founder and operator of VIP Reference, said in a February 28 YouTube video: “In the process of founding VIP Reference…and over these years, Li Baiguang and I had always stayed in close touch.”
Secret police in the state security apparatus knew very well that Li Baiguang harbored a deep abhorrence toward the Chinese system of dictatorship, which he felt was unchanged for 5,000 years; they knew he castigated the Chinese, as a people, who have lost the sense of right and wrong and instead enjoyed the regressive tendencies and culture of mutual deception. These were the thoughts he often revealed to friends — but the fact that the secret police knew it all so clearly shocked him deeply. For a while after he was released, he wouldn’t dare to speak his mind as freely as he used to among friends.
After those seven days of interrogation in the secret MSS facility at Xiangshan, close friends of Li’s described him as being “panicked” and “shaken to the core.”
“They said they’re going to ‘stomp me to death,’” Li said in a phone call to his friend Wang Tiancheng. He told another friend that he was stomped on while in custody.
In the next two years he was visited continually and harassed by the neighborhood committee and local police. Police demanded that he listen to their orders and make himself available on demand. If he didn’t listen, they said, “we can run you out of town anytime we like. You don’t have a Beijing household registration. You’re just a temporary.”
Sacking Officials in Two Provinces and Five Places
Li Baiguang was introduced to Zhao Yan by Yu Meisun (俞梅荪) in 1997. Yu, an active liberal intellectual in Beijing, researched economic regulations at the State Council in the 1980s when Hu Yaobang and Zhao Ziyang were general secretary and premier. Zhao Yan is an independent, and maverick, freelance writer. In November 1998, a few months after the passage of the Organic Law of Villagers Committees, Zhao helped villagers in Harbin successfully dismiss corrupt officials through a vote. This was the first instance in which the new law was used to remove a village official; it attracted widespread attention from grassroots democracy activists at home and caused China observers to harbor illusions of a path to democracy.
Li was full of interest in Zhao’s work, and the two often chatted over tea. One day in late 2002, Zhao Yan said to Li: “Stop hanging about the house all day — what’s the point of digging into theory? Come out with me and take a look at the real world.” Zhao was a few years older than Li; at the time he had become the news director of the rural section of the “China Reform” (《中国改革》) magazine. The role meant that he was frequently approached by peasants from around the country complaining of local injustice. Zhao would head to the scene, conduct an investigation, then expose the the abuses in the magazine.
One of the first cases Li got involved in after teaming up with Zhao Yan was that of farmers in Fu’an (福安), Fujian Province, who’d had their land expropriated. The origins of the case stretched back 28 years, when a township government requisitioned land to build a reservoir; for 28 years, the farmers had not been compensated. They had petitioned for 20 years to no effect. Zhao and Li traveled to Fu’an, visited rural households, spoke with representatives of the aggrieved, and considered the options. The farmers said that trying to go the government route was a dead end, because the court refused to register their case. As Li said in a 2010 interview: “I was discussing it with Zhao Yan… through studying the law, I found there was a legal channel we could use. The reason these problems had been around so long was basically because the municipal Party Secretary, the mayor, the county Party Secretary, and the county governor had all simply been derelict in their duties. The ordinary folks pay the taxes for their government, so the government’s got a responsibility and a duty to resolve their problems. We could help the farmers initiate proceedings to strip these officials of their qualifications as people’s representatives in order to spur them into action and deal with this issue. Although these officials, whether mayors or Party secretaries, weren’t elected, according to the law their power comes from the people, so the people have a lawful right to dismiss them.” So Li and Zhao decided to help the villages by submitting a proposal to the local People’s Congress to dismiss the relevant officials. Li Baiguang acted as legal representative for the villagers.
The recall motion enumerated instances of government malfeasance, including the theft of farmland, embezzlement of land compensation and public infrastructure construction funds, misappropriation of relief funds for the poor, river pollution, and the receipt of bribes. It implicated numerous townships and villages in the Fu’an municipality. One day in early April 2003, Zhao Yan and Li Baiguang assembled the village and township representatives, handed them pre-designed and typed forms, and looked on as they went door-to-door collecting signatures. The deputies wended their way through the mountains, working through the night, because they knew that they’d be blocked if the government found out. At noon the next day, the deputies brought in cardboard boxes and large bags with the signatures and wax thumb-prints of over 10,000 villagers. On April 8, Zhao and Li, as well as peasant deputy Miao Mengkang (缪孟康), submitted to the Fujian provincial People’s Congress Standing Committee and the Ningde municipal People’s Congress Standing Committee (one step up the chain of command from Fu’an) the motion for the recall of the mayor of Fu‘an as well as the ledger of 10,000 signatures in support of it.
This was the first instance in China where citizens had petitioned for the dismissal of a mayor. Li Baiguang, using the nom de guerre ‘Liu Baijiang’ (刘柏江), penned an article in the July issue of Modern Civilisation Pictorial (《现代文明画报》) with the headline “Can Citizens Dismiss a Mayor? A record of the first time in the New China that citizens demanded the dismissal of a city mayor.” What happened next was a textbook case of political governance with Chinese characteristics, which is true then and true today: first, the government mobilized police to prevent more people from signing the motion; second, they made threats to those who signed; third, they went to the offices of China Reform and pulled strings to stop further reporting and smeared Zhao Yan and Li Baiguang; fourth, they threatened and scared away journalists from other media; fifth, they told villagers that the dismissal proceedings had no legal basis, and thus were useless; sixth, they began exacting revenge against village deputies, including arrests; seventh, the provincial investigation team set up to look into the case came up with no results; eighth, they portrayed the incident as antagonistic toward the Party and the government; ninth, the mayor that villagers had petitioned to be dismissed, Lan Ruchun (蓝如春), was not only not dismissed, but promoted to deputy mayor of Ningde.
In January of 2004, Zhao and Li, working with local village deputies, again submitted a recall motion against Lan Ruchun. This time, under enormous public pressure, Lan was forced to resign, and the Fu’an municipal government gave villagers compensation of 1.5 million yuan ($237,000) for the expropriated land. This sum was less than a tenth of that owed.
In another case in Fujian Province, the government and investors had in the 1990s set out to develop a “Southeast Motor City” on the outskirts of Fuzhou (福州), the capital city. In doing so, they requisitioned a large amount of rural land — but after the fact, the peasants received neither the promised jobs in the factories in “Motor City,” nor any share of the benefits that accrued to the government from the development. Their share of the compensation was siphoned off by layer after layer of government, leaving them with next to nothing. In April 2004, Zhao and Li set about helping 20,000 villagers within Fuzhou municipality prepare a recall motion against the mayor of Fuzhou. Li Baiguang again was their legal representative.
In the same year in Tangshan (唐山) and Qinhuangdao (秦皇岛), Hebei Province, Li Baiguang, working with Yu Meisun and Zhao Yan, represented tens of thousands of villagers in recall proceedings against corrupt officials.
In a 2004 essay about the recall motions he represented in five cities and two provinces, Li wrote with passion about how so many villagers “took the path of using the constitution as a weapon to defend their rights because under the current legal structures of China today, every other method they tried ended in failure: for years they went to local and central government offices to petition, constantly, to no effect; they lodged complaints in court, but the court refused to accept their case… the cold, selfish, greedy and colluding local government bureaucrat-mafias strangled the villagers out of even their most basic rights to subsistence.” Using the constitution to dismiss officials became their final remedy.
“This is a massive exercise in constitutional implementation,” Li told China Youth Daily in 2004. “Its value is not in whether it succeeds, but that through the process of studying and utilizing the constitution and the law, the seed of rule-of-law consciousness will begin to bud in the minds of Chinese villagers.” He added: “Understanding the proper relationship between the government and the people is their greatest gain.”
In a 2010 interview, Li said: “Back then we did it with such energy — standing up to these officials with the law, appealing to dismiss them every chance we could, taking them to court, and for the first time putting the fear into these insufferably arrogant men, it was really a delight.”
On another occasion though, he noted the failure of these motions and court cases to dismiss officials, a supposed constitutional right: “Rights without procedural guarantee are not real rights.” Indeed, no Chinese law provides such procedures.
Zhao Yan is the epitome of a certain Northeastern type; he has a robust physique, a gutsy attitude, and a forceful style of speech. Li Baiguang, meanwhile, is short, quiet, and restrained — but he executes with rigor and firmness. Between 2003 and 2004, the two of them traveled to seven or eight provinces, Zhao Yan as the investigative reporter, Li Baiguang as legal representative, getting themselves involved in countless land theft and compensation cases and cases of village governance and corruption. Wherever they went they handed out volumes of legal statutes they’d brought from Beijing, including the PRC Constitution, the Organic Law of the Villagers’ Committees , the Law on Land Administration (《土地管理法》), the Law on Deputies to the National People’s Congress and Deputies to the People’s Congresses (《人大代表法》), the State Compensation Law (《国际赔偿法》), the Administrative Procedure Law (《行政诉讼法》), and others, all to assist those whose rights had been infringed to file an administrative review or a complaint.
The villagers were often skeptical of such efforts. “We might use the law to solve problems, but government workers and police don’t, so what are we supposed to do?” they asked Li. His response: “Then you must insist on using the law! Even though in the process you may pay a price in blood and sweat, and perhaps even lose your personal freedom for a while, you have to keep going.” He firmly believed that persistence would lead to change. He told them a few stories that exemplified the power of using the law, including cases he was personally involved in. In one instance, the family farm of his client, Ms. Liu Jie (刘杰) in Heilongjiang, was expropriated, and she persisted in using legal rights defense (Li Baiguang also wrote an open letter to state premier Wen Jiabao, inviting him to appear him court to meet charges); another story he told was of Yao Lifa (姚立法) in Hubei successfully becoming a People’s Deputy; and another of blind Shandong lawyer Chen Guangcheng (陈光诚) fighting for the rights of the disabled.
“The infringement of one’s rights is in fact a perfect opportunity for the awakening of civil rights consciousness,” Li said. “Before their rights are violated, they don’t grasp the natural conflict between power and rights. When rights are harmed, the fierce battle between power and rights begins. What we citizens can do is use the power of the law to repel those with unfettered power. The process is arduous, but there is simply no alternative.”
During his doctoral studies, Li Baiguang wrote a pamphlet titled “A Common Sense Reader for Chinese Citizens” (《中国公民常识读本》), using a question-and-answer format to address basic questions about human rights, government, autocracy, democracy, the constitution, economy, public opinion, education and faith, and military affairs, among other issues related to democratic constitutionalism. After the real world experiences of 2003 and 2004 however, he wanted to instead use actual cases to illustrate the basic principles associated with power and rights, burn them onto CD-ROM, and distribute them in every village. He saw the work as basic civics education for the Chinese people.
 Two weeks after the 1989 massacre, President Bush Sr. dispatched the National Security Advisor Brent Scowcroft to Beijing to reassure Deng Xiaoping that the anger at, and criticism, of the Chinese government were merely temporary, would soon pass, and would not impact U.S.-China relations. Details of the visit and the reassurances made can be found in the memoirs of Brent Scowcroft, Secretary of State James Baker, and Chinese Foreign Minister Qian Qichen.
Yaxue Cao edits this website. Follow her on Twitter @YaxueCao
The story of Li Baiguang, including his transition to a lawyer, his new approach to rights defense, his meeting with President Bush, and his defense of house churches around the country, will conclude tomorrow…
Read it in Chinese 《蚂蚁的力量：纪念李柏光律师》
By Chang Ping, July 18, 2017
On July 7, the German professor Markus W Büchler, Chairman of the Department of Surgery, University of Heidelberg, traveled to Shenyang to take part in diagnosing the condition of Liu Xiaobo. Media reports noted that it was the first time in almost a decade that Liu, a Nobel Peace Prize laureate, had seen a foreigner. When I read this line I felt full of grief. The visit of a doctor isn’t anything like that of a friend calling in. Liu Xiaobo was imprisoned for his speech and thought, and apart from the small number of family members who’ve long been under house arrest, no one has been able to see him for all these years. Until he got late-stage liver cancer, when his days on earth were numbered, the only people he was able to see — apart from the doctors, nurses, and a few family members — were the police who had been ordered to keep him under close guard. On July 13, he left the world completely cut off from it.
A group of 154 Nobel Prize laureates signed a joint statement hoping that the Chinese authorities would let Liu Xiaobo and Liu Xia freely see their family, and that Liu be allowed to receive treatment anywhere he wished. UN human rights officials, politicians from around the world, human rights organizations and numerous Chinese citizens have said the same thing. The Chinese government pretends they don’t hear it — like a black hole that swallows everything that enters.
While silencing dissidents and shutting up their supporters, the Chinese government has also started projecting its voice on the international scene. Xi Jinping has been more assertive and bolder than any previous leader in boasting in international fora; Chinese state media has even suggested that he’s going to point toward the future direction of mankind. Buying up media, suppressing foreign journalists, and changing global public opinion have become the Chinese government’s undisguised combat strategies. Angela Merkel is content to chat with Xi Jinping for a long while about pandas at the zoo, but when it comes to a dying Liu Xiaobo, she won’t say a word in public. It’s clearly not that she doesn’t understand, or doesn’t care for Liu Xiaobo, but that she’s being stifled by the Chinese government.
Publicly humiliate the Communist Party, or let the Party publicly humiliate you?
Last week, the Congressional-Executive Commission on China (CECC) held a hearing on human rights conditions in China, which included the remarks of Terence Halliday, co-director of the Center on Law & Globalization at the American Bar Foundation. Halliday said that “At this moment from our longstanding research I have no doubt that when the world speaks out loud and publicly, China listens. China has a very thin skin” (video, 1’33”). Some may see this as publicly shaming to China — but in fact, it’s the Communist Party that has been shaming human rights and democracy. The most Western nations can do is stop or lessen this dishonor.
Would publicly criticizing China have any use? Some would defend Merkel’s failure to publicly mention Liu Xiaobo — that she is making a compromise and getting things done in a low-key manner. Whether it’s getting the Nobel Peace Prize laureate on the brink of death released, or changing China’s authoritarian political system, many people think that “private dialogue” is the most effective path. They even suppose that public pressure will have the opposite of the result intended. Over the past twenty years, the European Union has been holding dialogues on human rights with China quietly, and it is termed “quiet diplomacy.”
But in fact, those who are provided succor are those who have been reported on in the media the most — those who make dictators truly feel the pressure of international public opinion. There are countless unknown victims who have received no lenience since they are so “low key.” In fact, they’re often subject to the most cruel and brutal treatment.
This is not limited to only individual cases. The German scholar Katrin Kinzelbach’s 2014 book “The EU’s Human Rights Dialogue with China: Quiet Diplomacy and its Limits,” traced the development of the EU’s rights dialogue with China from its founding in 1995 until 2010, relying on internal memoranda, a vast array of documents, and extensive interviews with officials from over 20 member states. She spoke with former chairpersons of the dialogue committees and traced the institutional changes in the process. The conclusion of her research was that “quiet diplomacy” exerts almost no positive impact at all on human rights in China. Not only did the dialogue fail to achieve the hoped-for outcome, but it led to the Chinese government holding human rights in more contempt, turning the dialogue into a perfunctory affair and an occasion for them to rebut all questions, criticisms, and suggestions.
China points the world in a dark direction
Two weeks ago Amnesty International, Human Rights Watch, Initiatives for China, International Campaign for Tibet, Human Rights in China, International Society for Human Rights, and Unrepresented Nations and Peoples Organization (UNPO) made a joint statement calling on the European Union to suspend human rights dialogues with China. Their reasoning was that this sort of quiet diplomacy, on a particularly low-level this year, hasn’t improved the circumstances of China’s human rights in China, but instead has become a shield for the EU to avoid a thorny issue.
In her book, Kinzelbach writes that the “quiet diplomacy” strategy of human rights dialogues has shown itself to be weak and ineffectual, and that the only effective policy that Europe had on the issue was the prohibition of weapons sales to China after the June 4 massacre. If it wants to change human rights in China, the EU needs to summon up the courage, truly persevere, and support the immense significance of the human rights cause.
When politicians are laughing together about how cute the pandas are, and silent and unmoved while China’s most prominent dissident is dying in isolation, perhaps what China’s official propaganda mouthpieces have said is entirely accurate: In fact, Xi Jinping is pointing to a new direction for mankind, that is, abandoning the painful development of a political culture that safeguards human rights, democracy and liberty, and instead focusing on success in advanced economics and high technology, establishing an even more barbaric, darker, and despicable society that operates according to the law of the jungle.
Chang Ping is a Chinese media veteran and current events commentator now living in political exile in Germany.
The Path Forward in the Wake of Liu Xiaobo’s Passing, Yaxue Cao, July 16, 2017.
Liu Xiaobo: The Founder of China’s Political Opposition Movements, Wu Qiang, June 30, 2017.
Also by Chang Ping:
One Belt, One Road, Total Corruption, May 18, 2017.
China’s ‘Freedom’ Cage, by Chang Ping, 2015.
We’d Be Satisfied With Any Government!, October, 2015.
A China Change interview with Chang Ping:
China Change, March 25, 2017
When one of the two defense lawyers for Pastor Yang Hua (仰华) of the Living Stone house church in Guiyang traveled to the Nanming District Detention Center (贵阳市南明区看守所) to meet their client on March 20, he was surprised to see Yang almost carried into the meeting room by three sturdy cellmates. Yang Hua’s face showed he was full of pain, seemingly on the verge of paralysis. The lawyer discovered that, three days previously, Yang’s legs suddenly became inflamed and ulcerated, and the festering was spreading fast, with the burning pain keeping him up at night. The physician on duty at the detention center treated it as nothing more than a superficial skin infection and administered painkillers. Yang’s condition has been rapidly deteriorating since.
On March 24, the lawyer again met with Yang Hua and found that earlier in the day he had been given a physical examination at the Guizhou Provincial People’s Hospital. Yang Hua also explained the following about his condition. In his words:
“On March 17, 2017, ulcers began to appear on my legs. I reported it to the detention center, but the staff said they had seen this many times before, and that it was nothing more than ‘impetigo’ [an infectious, superficial bacterial skin infection]. On March 18 the resident doctor gave me some medication. By March 19, after the festering had spread, I again requested that the detention center provide proper treatment, such as injections or an IV. On March 20 and 21, the physician on duty put me on an IV drip. The burning pain was so much at this point, however, that I couldn’t sleep for several nights. From around 3:30 to 4:00 a.m. on the 22nd, the agony was truly unbearable. I rang the alarm to report to the cadres on duty. Officer Luo, on watch that night, was furious at being disturbed and screamed some truly awful obscenities at me. No one else in the cell was able to sleep, so in the end the physician on duty gave me two painkillers. I haven’t been able to walk or go to the toilet by myself during this period.
“On the morning of March 22, the detention center brought me to the department of dermatology at the Guiyang Sixth Municipal Hospital for a physical inspection. The doctor diagnosed me with a form of allergic vasculitis [an inflammation of the blood vessels], and said that if no treatment could be found one outcome might be high-level amputation [i.e. above the knee]. He recommended high doses of penicillin for a fortnight. The detention center clinic, however, does not have penicillin.
“At 2:30 p.m. on March 22, the detention center gave me a blood test for HIV/AIDS. On March 23, I was again brought to a hospital designated by the authorities, this time the No. 368 People’s Armed Police Hospital, for a physical inspection. Five physicians were involved but couldn’t come to a final diagnosis. They did, however, recommend that I be taken to a regular hospital for treatment. They also indicated that the cost of treatment might be extremely high.
“That day I submitted a written request for hospital treatment, asking the detention center authorities to quickly arrange it. On the morning of March 24 I was brought to the Guizhou Provincial People’s Hospital to have a blood and urine test. Though they had the results that morning, the guards refused to inform me of them except to say that the HIV/AIDS test had come back negative.”
Yang Hua’s lawyers wrote to the Guiyang Procuratorate asking for a review of the continued necessity of detaining their client. Two prosecutors told one of the lawyers that Yang Hua’s case is highly “sensitive,” and they could only make a decision in consultation with the judge handling the case, as well as the Politico-legal Commission.
The lawyers believe that Yang Hua’s condition is urgent and serious and that he needs to be admitted to a hospital qualified to deliver appropriate treatment as soon as possible. Failing that, the relevant departments will have to assume responsibility for delaying treatment and thus exacerbating Yang Hua’s condition.
On March 24, Yang Hua’s wife Wang Hongwu (王洪雾) accompanied a lawyer for a visit, and happened to arrive just as Yang Hua was coming back from a test at the provincial hospital. It was the first time that husband and wife had seen each other one year and three months, after Yang Hua was detained in December, 2015. They were only able to exchange a few words before the police officers intervened. After Yang Hua and his lawyer met, the police asked the Pastor’s wife to accompany them to the No. 368 People’s Armed Police Hospital.
Yang Hua’s wife, in a letter to fellow parishioners calling for prayers on Yang Hua’s behalf, summarized what the chief physician told her: “The provincial hospital diagnosed it as ‘anaphylactoid purpura’ [a kind of blood vessel inflammation]. I saw that both of Yang Hua’s legs were covered in rashes and spots of necrosis. Around the shins on both legs, in particular, there’s a large area of necrosis and seeping wounds. The feet are swollen up to the ankles. The doctor said they’d use large doses of hormones and anti-inflammatory drugs to treat it. Because the illness came on so ferociously and rapidly — around a week — the hospital gave me a notice of severe illness and told me that Yang Hua might develop a range of other symptoms, including septicemia, hemorrhaging of the digestive tract, kidney damage, and more.”
Pastor Yang Hua (birth name Li Guozhi 李国志), who just turned 41 years old, was arrested on December 9, 2015, and was tried on December 26, 2016 on charges of “deliberately divulging state secrets” (故意泄露国家机密罪). The so-called “state secrets” in question referred to a circular about the establishment of the “Municipal Command Center for Dealing With the Living Stone Church According to the Law” (贵阳市依法处置贵阳活石教会指挥部). The notice said: “Dealing with the Living Stone church according to the law is a high-priority political task. Work unit leaders must personally grasp the issue, join the city’s overall deployments, and earnestly mobilize to carry the work out to completion.” Yang Hua was sentenced to 2.5 years imprisonment in January this year.
The Living Stone church of Guiyang is an emerging urban house church that grew rapidly beginning in 2008. It has been subject to constant suppression and surveillance by the authorities. Zhang Xiuhong (张秀红), the chairman of the Board of Deacons and church accountant, was arrested in July 2015 and, after being detained for an extended period without trial, was sentenced to five years imprisonment in February 2017. The charges against her, of supposedly “illegal business operations,” were completely absent any criminal conduct.
At the same time Yang Hua was arrested, the authorities announced that the Living Stone church was banned. The 600 square meter office space, on the 24th floor of a new office building in downtown Guiyang, that it used as its place of congregation was sealed and guarded by security personnel hired by the local authorities.
The authorities persist in their claim that the suppression of the church is nothing more than a criminal matter and is thus not a case of religious persecution. But as the Procuratorate revealed to the lawyers, the Living Stone case is “sensitive,” and they would need to consult the Communist Party’s Politico-legal Commission about how they handled it.
The Shepherds of Living Stone Church, Yaxue Cao, December 25, 2017
Living Stone: A Portrait of a House Church in China, Yaxue Cao, December 21, 2015
Yaxue Cao, December 25, 2016
On December 9, 2015, after dropping their two sons off at school, Pastor Yang Hua (仰华) and his wife Wang Hongwu (王洪雾) of the Living Stone house church (活石教会) in Guiyang, made their way to the 24th story of Guiyang International Center, which hosts the main hall of their congregation. At the same time every Wednesday, at three different church locations, Living Stone congregants hold a prayer service. A few days prior, government Neighborhood Committees and police stations dispatched personnel to go door-by-door to the homes of hundreds of Living Stone church members, warning them against attending the Wednesday service. “We’ll arrest whoever goes,” they were told. Needless to say, the authorities had the home addresses, workplaces, telephone numbers, and other personal information of every churchgoer. The few who were determined to attend that morning were intercepted by government agents, who deliberately collided with their car and then dragged them off to the local police station to settle the “accident.”
The prayer service was set to start at 9:30 a.m., but at 9:00 well over 100 “integrated law enforcement” agents swept in. There were personnel from the Bureau of Civil Affairs and the Bureau of Religious Administration, public security bureau agents, and a squad of SWAT police in full armed regalia. They demanded that Pastor Yang open all the doors. After he refused, they called over their locksmith. When the “law enforcement personnel” attempted to enter the office and the sound control room next to it, to take the computer hard drives, Pastor Yang stood blocking the doorway. He demanded that the technical personnel present their work identification cards. When they said they didn’t have any, he announced that they wouldn’t be allowed in. At that point, one of the commanders of the operation yelled out “SWAT police, come over here!” A few burly members of the SWAT team ran over, lifted Yang Hua off his feet, and carried him away to a corner next to the elevator, pinning him there.
Pastor Su Tianfu (苏天富), who had just finished his errands in the morning and arrived at the church, attempted, abortively, to reason with the agents. They began confiscating the church’s computers, equipment, and anything else they thought useful. They said they would provide a list of the items confiscated, but over a year later no such list has been forthcoming. They also confiscated the cellphones of Yang Hua, Hongwu, Pastor Su, and a number of couples who arrived for the service, deleting all photographs on them.
When the raid was over they posted two notices sealing the church doors, one saying that the church was an illegal civil organization, the other that it had set up a center of religious activity without authorization. Yang Hua and Hongwu were taken to the police station. Living Stone’s two branch locations were dealt with in a similar manner.
On December 14 Pastor Su was taken into custody at his home by police. Two days later when he was released, they warned him that he would be charged with “divulging state secrets” later. A year on, he is still technically “on bail pending further trial,” which means that his freedom of movement is restricted.
A few days after Yang Hua was arrested the authorities raided his home and took away his computer and everything else that they thought would be useful for their investigation.
On December 26, 2016, Yang Hua will be on trial for “deliberately divulging state secrets” (故意泄露国家机密罪). The Chinese government seems to deliberately time cases of political persecution around the Thanksgiving and Christmas vacations, as a means of avoiding international attention.
The “state secrets” in question is a document issued by an ad hoc office set up to eliminate the Living Stone Church, which goes by the title of the “Guiyang Municipal Command Center for Legally Dealing With the Living Stone Church” (贵阳市依法处置贵阳活石教会指挥部). Dated December 3, 2015, the document bore the official seal of the Office of the Guiyang Municipal Stability Maintenance Work Leading Small Group (贵阳市维护稳定工作领导小组办公室). It said that “Dealing with the Living Stone church according to the law is a political task that must be given a high level of priority. Leaders of work units must be personally on task, fall in line with the entire city’s overall deployments, and earnestly mobilize to complete all the work.” Attached to it was a list of names of every Living Stone member, which was forwarded to each of their workplaces, demanding that those employees be investigated and placed under “stability control” (稳控).
The letter came to the attention of a young woman named Wang Yao (王瑶), who worked in the office of the Party Committee of the Maternal and Child Healthcare Hospital of Guiyang City. She knew a friend, Yu Lei (余雷), who attended Living Stone bible study sessions. So she gave Yu photographs of the document. Now, Wang and Yu have been tried for “illegally acquiring state secrets” (非法获取国家机密罪) and “illegally disseminating state secrets” (非法传播国家机密) respectively. Their judgements have not yet been handed down.
Two Young Preachers from Poverty
The two descriptions I kept hearing about the two pastors of the Living Stone church were, firstly, that they were from the poorest parts of Guizhou (Guizhou itself is one of the poorest provinces in China), and secondly that they were both very young. Pastor Su Tianfu was born in 1975, while Pastor Yang Hua was born in 1976; they come from the neighbouring counties of Qianxi (黔西) and Nayong (纳雍) respectively.
Zhang Tan (张坦), a member of the Living Stone church and an independent scholar of Christianity in China, explained that Guizhou was one of the 12 centers of missionary activity established by the China Inland Mission, the protestant organization founded by 19th century English missionary Hudson Taylor (戴德生). Yang Hua and Su Tianfu grew up in an area in which the China Inland Mission had once preached the Gospel, until early 1950s when missionaries were expelled by the Communist Party. Most Christians at that point were forcibly integrated into the Party-controlled “Three-Self” church movement. After the Cultural Revolution, Zhang Tan says, Christians in Guizhou began to embrace their faith ardently. In the poverty-stricken far-off reaches of mountainous Guizhou, he added, neither the Three-Self church nor house churches had much purchase.
Yang Hua was born Li Guozhi (李国志), the fourth sibling in a third-generation Christian family. When he was young, though, he not only refused to believe, but found the idea embarrassing. His father was an elder in a house church. He spent most of his time dealing with church affairs and relatively less on looking after his family. He also struck his kids at the slightest provocation. Nevertheless, after suffering a sudden accident in the family, and personally experiencing the transformative effect of prayer, Yang Hua became a Christian.
At around that time there were Christian workers offering in his hometown Bible study sessions, which he joined. Before long he felt the desire to spread the Gospel himself. At age 13 in 1989 (he probably had little idea what was taking place in Beijing that year), he cut short his studies and became a roaming preacher. First he followed a group in his hometown, then went onto Yunnan, Guangxi, Henan, Zhejiang, and other provinces to preach. Christians in Zhejiang wanted him to put down roots there, but he felt the urge to return to Guizhou.
In 1997 Yang Hua, then 21, moved from Zhejiang back to Guiyang.
Su Tianfu grew up in abject poverty. In 2011, in an interview with the Christian author Yu Jie (余杰), he mentioned that the only clothes he wore when growing up were hand-me-downs from relatives. In winter, he said, there was often hardly any food at home, so he only ate once a day. His father was a drunk who beat him. When he was unable to pay the miscellaneous expenses for junior high school, one of the teachers pitied him and only made him pay half up front. The rest he earned over summer, collecting trash, hauling sandbags at a construction site, and laboring as a road builder. When he finished middle-school he applied for junior teachers’ college (师专) because it was free. In his own words, he was a cynical and hopeless youth who was convinced that life had no meaning.
But he began to join a Bible study class at the teachers’ college. There was no pastor and no preacher; sometimes a fine arts teacher at the school, who was a Christian, would lead them in Bible study, or play hymns on tape that everyone would sing to. “Though I didn’t understand a great deal about the truth of it, I participated in the meetings regularly, and I felt in my soul a great sense of contentment,” Su said. “I felt joy.”
On Christmas 1993 Su Tianfu was baptized as a Christian — the first in his family. In 1997 at the age of 22 he quit his job teaching elementary school and went to Guiyang.
1997-2000: Each Their Own Ministry
The two young men first met while serving the “Dandelion” Christian Fellowship at Guizhou University of Technology. It was established in 1980 by two foreign missionaries who were teaching there.
In June of 1997, Su Tianfu went to Guangzhou to be further trained in pastoral care. In Guangdong he began to regularly participate in church meetings led by the renowned pastor Lin Xiangao (林献羔) of the Damazhan house church. He studied Cantonese and traveled with other disciples to found churches and spread the Gospel around Guangdong. In 2000 he married Ouyang Manping (欧阳满平), a young lady he’d gotten to know in their Bible training classes.
Back in Guiyang, Yang Hua joined a house church group of a few dozen members. It was there that he got to know Wang Hongwu, at the time a nurse at the charity clinic run by the church. When he revealed that he took an interest in her, however, he was curtly rebuffed. As Hongwu put it: “He didn’t fit my criteria. All the things a girl wanted, he didn’t have: a diploma, money, good looks — he didn’t measure up in any area.”
Yang Hua was deeply hurt, and for a while fell into terrible health. He had nosebleeds and high fever, and came to the clinic for treatment. This went on for a while until he decided he had to pull himself out of it. At a workers’ meeting one day, Yang Hua told a Ms. Li that “Next week I’m going out to the Yachi River” (鸭池河). He’d been planning and hoping to establish a church there for a long time, but had put it off because of the emotional turmoil of being rejected. Hongwu overheard the conversation. “My heart thumped,” she said. “It was like a shut door being suddenly flung open.”
Yachi River at the time was the headquarters to the Ninth Engineering Bureau of the Sinohydro (中国水利水电第九工程局有限公司), inhabited by thousands of construction workers and their families. Over the next two years, Yang Hua went door to door spreading the Gospel. There had been only one or two believers when he started, and number quickly mushroomed to over a hundred over the next two years. In 2000 he went back to Guiyang, and in 2001 he and Hongwu married.
Preaching and Training in Guizhou from 2000 to 2008
“Even though I’d lived in Guangzhou for quite a few years, had learnt Cantonese, and was gradually getting used to life there, there was always a voice in my heart telling me: ‘You have to return to your home province and begin a new phase of your Ministry.’ Though Guizhou was poor and behind-the-times, it was a much bigger canvas,” Su Tianfu said.
On the day that Su and his wife arrived in Guiyang, Yang Hua and another friend met them at the train station. Their journey together had begun.
In his interview with Yu Jie, Pastor Su explained what happened over those years. First, the two young men each led their own small-scale house church assemblies. They also returned to serve a mission in their hometowns in the Bijie (毕节) and Liupanshui (六盘水) prefectures, southwest Guizhou, populated by the Miao and Yi ethnic groups. As a way of alleviating the reliance on preachers coming out to the countryside, from 2003 to 2008 they held training sessions in Guiyang every year for ethnic Christian workers, and each session lasted three months, training 20 students each time.
Beginning in 2003 they arranged for Christian workers to travel around Guizhou, focusing on regions without churches, to conduct short- and long-term missionary work. They’ve relied on the donations of congregants for their livelihoods, though their wives have also worked to help support the family.
Their activities have alwasys been a matter of close attention for the authorities. In 2003 they got a tip off that the secret police were investigating them, and were likely going to make arrests. They prepared travel bags and were ready to flee at short notice, but in the end they didn’t flee. In the years followed, similar threats stalked them, until police interrogations and menace became a part of life.
A City on the Hill
By 2008 Yang Hua and Su Tianfu were being harassed and attacked wherever they went in Guizhou. They were increasingly running short of resources, until they were unable to pay the rent on their training venue.
It bothered them that the house churches they led in Guiyang had been underground. “Even though it was just a small meeting of a dozen or so people, we had to act like the underground [revolutionary-era] Communist Party you see on television dramas — using codewords, acting secretively as though we were doing something terrible,” Su said.
But at that point, as Su judged it in the 2011 interview, Guiyang had only one Three-Self church for a population of five or six million, plus a seminary and another small church on the outskirts of town. “On the one hand, a lot of people had never ever heard the Gospel, but on the other, the existing Christians had nowhere to meet.”
Through prayer and careful consideration together, their small church groups started to think clearly on what they wanted to achieve: they wanted their fellowship to grow and thrive in the open, and they wanted to make an impact on the city of Guiyang.
“Given that Christians are the light of the world, the church is the city on the hill. So it can’t be hidden. It’s got to be public,” Su Tianfu said.
The new church they opened would be the “Living Stone” church, a name that Yang Hua picked. It was drawn from Peter 2:4-5: “To whom coming, as unto a living stone, disallowed indeed of men, but chosen of God, and precious, Ye also, as lively stones, are built up a spiritual house, a holy priesthood, to offer up spiritual sacrifices, acceptable to God by Jesus Christ.”
After spring in 2008 they began drawing up plans to rent an office space for worship. In Easter they held a dedication ceremony for a new church with about 50 members. Apart from regular services, the church held Christmas celebrations, hosted weddings, and organized excursions, all of which attracted more members.
Beginning in 2009 the Living Stone church each year baptized between a few dozen and over 100 new believers. Their Christmas celebrations attracted over 1,000, either participants or onlookers. The government was apprised of every large-scale activity in advance. When the authorities tried to interfere, the churchmen, often led by Pastor Yang Hua, argued their case strongly and never gave ground. In 2011, in a river on the southern outskirts of Guiyang, they held a baptism ceremony for 120 new Christians. With friends and family included there were probably between 300 to 400 people there. The government then mobilized at least twice as many security personnel to watch them.
As part of the church’s pastoral program with congregants, they encouraged all believers to also participate in small-scale house church meetings. Last year when the church was formally banned by the Guiyang authorities, there were over 20 of these small house church congregations, each with between one and a few dozen members. The effect of the small groups was to give believers a sense of family, return, and belonging, where spreading the Gospel, caring for one another, and caring for society became part of their way of life.
Most of the congregants were between 20 and 40, from all walks of life: businessmen, teachers, doctors, professionals, public servants, homemakers, students, and more.
For years they facilitated adoption of abandoned infants, fostered children with developmental disabilities, taught survival skills to children in orphanages, and performed other welfare services — all of which they were praised for in the local press. Separately, a number of church members founded or participated in charitable social programs of their own, helping disabled people, orphans, the elderly, and others. The church became an interconnecting structure, linking the community with the wider society.
Church management was handled by a 12-member board of directors elected by the congregation, which held meetings to discuss and make decisions on church affairs both large and small. When there were items of serious disagreement, they put the matter aside rather than have the majority overrule a minority. The goal was to eventually reach a consensus.
As the number of congregants continued to grow, the church bought three residential units on the 24th floor of the Guiyang International Center with a total 600 square meters. After they bought the units, the church began coming under more intense pressure from the authorities. Before they began using them, the government posted notices inside and outside the building stating that the newly established church was “an unapproved non-religious site established without permission,” and that pastors Su Tianfu and Yang Hua were unapproved, unregistered ministers.
On November 8, 2015, Living Stone congregants, under the menacing gaze of hundreds of riot police, SWAT police, regular police, and officials from a multitude of government agencies, held a ceremony dedicating their new church. When government agents later attempted to force them to join the regime-controlled “Three-Self” church movement, they were firmly rejected. The result was a campaign of harassment, threats, and efforts at blocking believers from attending.
Defending the Rights of Small Churches
Pastor Yang Hua and Pastor Su divided their duties roughly in half: Su handled internal affairs, and Yang took care of liaison and external activities. As one congregant told me in an interview: “We’ve been helping small rural churches around Guizhou for years. When these churches are raided and broken up and their members arrested, no one else even knows.” The small churches seek out Yang Hua, who finds lawyers to defend them. Quite a few cases have been defended successfully.
Hongwu, Pastor Yang’s wife, said that on every occasion that brothers and sisters of the faith have been attacked by the government, Yang Hua stands up for them.
In May 2014 the authorities made a series of arrests of churchgoers in Liupanshui (六盘水), at a church that had grown rapidly and had held regular services for over 20 years. Now it was called an “evil religion” and its members detained. Yang Hua engaged lawyers in Beijing and Shanghai who traveled with him to Liupanshui, where they were followed by government vehicles. Chen Jiangang (陈建刚), one of the lawyers, described the torture that believers were subject to while in custody: they were beaten hard with long wooden staffs, forced to stand for prolonged periods, starved, deprived of sleep, and had lit cigarettes stuffed into their mouths.
In 2015 there was a similar incident in Daguan, Qianxi county (黔西大关), where a number of locals, who had returned from years in Hangzhou as migrant workers, were arrested after setting up a thriving church. Yang Hua and two lawyers from out of town arrived to help. They were followed by government-hired thugs everywhere they went. The men rammed their vehicle into Yang Hua’s, and pulled out long machetes threatening to hack him and the lawyers to death.
More than one person has described Yang Hua as diminutive in size and “frail” in appearance: he’s just under 1.6m (5’3″), is somewhat hunched due to back inflammation (ankylosing spondylitis) and often in pain. But when the rubber hits the road and fellow Christians are being assailed and threatened, he’s on the front lines defending their rights, not in the least afraid. He carries of aura of invincibility. “Pastor Yang Hua’s courage and sense of responsibility is extraordinary,” a church member who was on some of these trips with Yang Hua told me.
Zhang Tan once wrote an article about how Yang Hua dealt with a traffic case. “No matter the size of the case, Yang Hua fights it from the lowest level court to the highest. Even if he’s losing every step of the way, he doesn’t give up.” The process, Zhang told me, has revealed the savagery of the government power, but it’s also shown Yang Hua’s tenacity.
In today’s China, this sort of resistance doesn’t have much practical value. In the Daguan case, the five churchmen arrested were all imprisoned on China’s “evil religion” laws, and the Living Stone church has now also been crushed. Indeed, some church members complained that the fate of Living Stone was precisely because Pastor Yang Hua got involved in too many affairs of other churches.
As far as the Chinese Communist Party is concerned, Christianity and its dissemination is in and of itself a question of ideological competition. For decades the Party has used the “Three-Self” church system to integrate and assimilate Christianity under the banner of “patriotism,” exerting strict doctrinal and administrative control over these “competing” faiths. The escalated repression in Zhejiang, Henan and other provinces over the last three years are another example of the Party and Xi Jinping’s determination to dig out this supposed threat by the root. The shutdown of the Living Stone church and the arrest of Pastor Yang Hua is simply one development in the overall political schema in China. It has little to do with the “leak” of a ridiculous government document.
Zhang said that Christianity in China has reached a point in time, and that Guiyang’s Living Stone church is a perfect product of this point in time.
The Judgment of the Party vs. the Judgement of God
Since his detention, Pastor Yang Hua’s wife and children have been prevented from seeing him because his case “involves state secrets.” The two lawyers she engaged met Yang Hua for the first time in March and again in May. Yang Hua revealed how his interrogators used torture to try to extract a confession. They fixed him to an iron chair, stomped his feet with their shoes, and threatened his life and that of his wife and children. They also told him: “We know we can’t change your faith, but we control everything. If we want, we can paint you as a greedy pastor and destroy your reputation.”
The lawyers said that despite the threats, Pastor Yang Hua didn’t give in. Nor did the church’s accountant, Zhang Xiuhong (张秀红), who was detained in July 2015 — she is still being held, though according to Chinese criminal procedure should have long ago either been tried or released.
In September, lawyers reported that Yang Hua was suffering from liver pain, and had scabies all over his body.
The authorities claim that the case has nothing to do with religion. But they’ve denied Yang Hua, and the three other detainees, the right to read the Bible while in custody. For months Yang Hua’s wife hand-copied Bible passages and mailed them to him, but in October that final connection too was severed too.
For the pending trial, police warned lawyers not to plead not-guilty (indeed, the judicial system in China is government-directed theater, and everyone is expected to follow the script). But in their Legal Opinion submitted to the court in November, the two lawyers questioned the legality and authority of the ad hoc agency set up to suppress the church, the “Guiyang Municipal Command Center for Legally Dealing With the Living Stone Church.” They also questioned the validity of the regulation cited by the prosecution: “Regulations on State Secrets, Their Classification, and Scope in Religious Work.” It’s a document whose existence has never been announced to the public, and whose issuer, legal remit, and period of effect remain unknown. Yet it forms the basis of the charges against Pastor Yang Hua.
Hongwu said that though she has received no announcement of the trial, the only reason she won’t be there is if she’s put under house arrest. Pastor Su, according to a source, has been taken out of Guiyang on an involuntary trip.
As for the fate of the Living Stone church and the trial of Pastor Yang, Zhang Tan shared his thoughts: China’s “governing the country according to the law” (依法治国) is about using harsh legal instruments to control the people, in the model of the Qin Dynasty. It’s about maintaining and exercising the power of rulers, and has nothing to do with protecting the rights of the people. This, he said, is really the “Chinese characteristics.” “Secrets” are everywhere in today’s China, he said. “For example, they want to demolish my home, so they have a ‘secret’ document for demolishing my home. If I get ahold of this document, it is me who violated the law, not they, who want to destroy my property. Only a dictatorship has secrets everywhere, and it’s only under a dictatorship that one finds such absurdities at every turn.”
Zhang Tan argues that throughout Chinese history, there have been benevolent governments and ruthless governments. But take any issue and compare today’s communist rule with that of the Qin or Ming — widely seen as the harshest and most abusive dynasties — and the regime of today is worse. “The Chinese nation,” he said, “has come to an end.”
A sense of peace fills the letters Pastor Yang Hua has sent to his wife and children from his cell. He told Hongwu that his conditions have improved, and that he had no more need of money or other supplies. His imprisonment, he wrote, is a sabbatical that Jesus granted him after 23 years of toil. He said he’ll enjoy it, “like a child who’s had his full of milk, sleeping in his mother’s arms.”
Yaxue Cao edits this website. Follow her on Twitter @YaxueCao.
Living Stone: A Portrait of a House Church in China, December 21, 2015.
Making the Case for Nominating Ilham Tohti for the Sakharov Prize – My Remarks at the European Parliament
Yaxue Cao, May 31, 2016
On May 25, a conference titled “Does China Want Real Ethnic Harmony? Professor Ilham Tohti in Perspective” was held in the European Parliament in Brussels. It was sponsored by MEP Ilhan Kyuchyuk of the Alliance of Liberals and Democrats for Europe; MEP Barbara Lochbihler, with the Greens/European Free Alliance and the vice-chair of Subcommittee on Human Rights of the Committee on Foreign Affairs, gave the closing remarks. Both members displayed a sound grasp of the plight of Uighurs and Ilham Tohti’s case, and explained how the Sakharov Prize should be seen as a vehicle of change. I spoke along with five other panelists from academia and human rights groups in Europe and the US, and together we made the case for nominating Ilham Tohti for the Sakharov Prize for Freedom of Thought. My remarks focus on Ilham Tohti’s ideals and work. — Yaxue Cao
I’m not always acutely aware of identity as a Han Chinese, but this is one of those few occasions when I am. I am deeply honored to be here, speaking about Ilham Tohti. You will see why.
The Chinese government has a long standing ethnic policy since the beginning of the founding of the People’s Republic: it selects the brightest ethnic youth, whether Tibetans, Uighurs or from other ethnic groups, and brings them to study and attend colleges in Beijing or other cities in interior China. With better education, they eventually become the elites of their ethnic groups; many become party cadres, others become writers, and others university faculty or successful businessmen.
Ilham Tohti was one of the Uighur elite educated in interior China, as was his father before him. So were his two brothers. He was born in 1969 and grew up in a government compound where Han and Uighur party cadres and their families lived. He was selected to study in Beijing when he was 16. He studied economics and eventually became a professor at Minzu University in Beijing. He is an expert in Xinjiang studies and Central Asia studies, including geopolitics, culture, economic development, and religion. In recent years, he has focused his research on the Uighurs’ economic, religious and political rights, and the increasingly difficult relationship with Han Chinese who have migrated in large numbers to Xinjiang over the last six decades. He is interested in the technicality of governing a multi-ethnic society where groups co-exist peacefully, enjoying equal rights, while preserving their cultural identity. He studied cases of successes and failures in many countries, including in Europe. Not surprisingly, through his research, he saw that his ideals of peaceful ethnic coexistence and good governance would require values and institutions that are rejected by the Chinese government.
His research has inevitably led to criticism of Chinese government’s ethnic policies. In his writings, he analyzed problems in Xinjiang and made policy recommendations that, as far as we can see, have fallen on deaf ears.
Ilham Tohti evoked the ire of the government from the very beginning of his teaching career. In 1994 he was tracked down and threatened by domestic security police (political police, in essence) for the first time, for questioning in a paper he had written the truthfulness of some official data. Over the years he has been alternately barred from publishing and teaching, from traveling to Xinjiang, and from traveling overseas. He was videotaped when he taught, and the government sent minders to sit in his classes. He had been subjected to short detentions and house arrest. In January 15, 2014, he was arrested, and in September, 2014, sentenced to life in prison. Ilham was charged with separatism despite his well-known insistence on peaceful ethnic coexistence.
Long before the Chinese government embarked on the so-called One Road One Belt strategic development blueprint that seeks westward economic expansion along the old Silk Road through Xinjiang, Central Asia and onto Europe, Ilham Tohti believed that China can and should play a more active and effective role in Central Asia, and that Uighurs can take part in that process and contribute to it significantly, because of their cultural affinity with the people of Central Asia.
In his widely-read 2009 essay “Farewell, Ilham,” Ilham’s long-time friend, Chinese writer Huang Zhangjin wrote, “Ilham believes that, if China is a free and democratic country and Xinjiang is a region with true autonomy, the Uighurs will be very proud of being part of China, that China will have strong soft power in Central Asia, and that the Uighurs will become the natural force in expanding China’s influence in the culture and economy in Central Asia, because of their linguistic advantages.” According to Huang, Ilham had planned to propose this national development strategy to leaders. “The situation will be so different even if the Uighurs are treated with some equality,” Ilham Tohti told his Han friend.
But the reality is, ethnic tension between Uighurs and the government, and between Uighurs and Han Chinese, has been deteriorating steadily since the late 1990s. What’s worse, in addition to the intrinsic problems he pointed out, China has seized on the international campaign against terrorism and exploited it through disinformation and distortion for the brutal suppression of the cultural and religious identity of Uighurs. Uighurs have lived in unprecedented fear: they have been subjected to arbitrary detention; they are given long imprisonment for everyday scuffles, or any number of minor offenses; discrimination against them is written in policy announcement across China. Any violent events are quickly labeled terrorist attacks, while similar acts by Han Chinese are described in non-politicized terms.
It was against this backdrop that Ilham Tohti, the Uighurs’ foremost public intellectual, emerged, answering a call of duty.
Now, let’s pause to consider again: 1) Ilham is an elite Uighur with advanced education and research expertise about his homeland and his people; 2) He speaks fluent Chinese and teaches and lives in Beijing, China’s political and economic center; 3) He knows like the back of his hand the views of Han Chinese and the Chinese government’s approach to his people; and 4) As an intellectual, regardless of his ethnicity and religion, he is firmly in the camp of the liberal intelligentsia in China who embrace freedom, democracy, and the rule of law. How many Uighurs inside China are like Ilham Tohti? Very few. So he felt he had a responsibility to his people, and for peace and understanding between Uighurs and Chinese.
Ilham wrote in his autobiographical essay “My Ideals and the Career Path I have Chosen” in 2011, “I know very well that there are not many people from my ethnic group like me who have enjoyed quality education and have had opportunities and experiences. Similarly, few people in China possess the same advantages as I do with regard to Xinjiang issues and Central Asian issues. The challenges facing Chinese society are so arduous that I can’t rightly dismiss my responsibility.” He understands perfectly that, to answer this call of duty, “not only knowledge and training, but above all, courage” will be required.
Part of his answer to this call of duty was to set up the website Uighur Biz in 2006. It was a Chinese-language website that posted news, commentaries, and discussions about what was happening in Xinjiang and to Uighurs and other ethnic groups that the mainstream Han Chinese seldom cared about and hardly knew. The idea was to facilitate access to information and mutual understanding. Ilham Tohti believes in the power of communication. He said that confronting differences is not dangerous, but silent suspicion and hatred are. The site was repeatedly hacked or ordered to shut down. At around the time of his arrest, it had ceased permanently.
Over the years, Ilham Tohti repeatedly emphasized that he is a scholar, not a political figure, and that he serves his people’s interest best as a scholar rather than a political symbol. Yet today he is the No. 1 political prisoner in China in that he is the only person since China’s opening up more than three decades ago who has been sentenced to life in prison for his ideas and expression. The Nobel Peace Prize laureate Liu Xiaobo was sentenced to 11 years in prison for drafting and spreading Charter 08, a blueprint for democratic transformation in China. Ilham Tohti’s recommendations to the Chinese government are sound, and they are also measured and realistic. He is punished so much more severely simply because he is a Uighur.
Recently, around the world, there has been much looking back at the Cultural Revolution among journalists, academics and China watchers, given that this year marks the 50th anniversary of the beginning of Mao Zedong’s notorious political campaign that laid China to ruins. Ilham Tohti’s father, like hundreds and millions of Chinese, died during the Cultural Revolution at the age of 28 when Ilham Tohti was two years old and his younger brother was eleven months. Fifty years later, Ilham Tohti is serving a life sentence for speaking out for his people.
In a nutshell, this is how much China has changed politically over the last fifty years and how bad ethnic tensions have become.
Yaxue Cao is the founder and editor of this website. Follow her on Twitter @yaxuecao.
My Ideals and the Career Path I Have Chosen, April 2014.
Ilham Tohti, a Documentary, 32 minutes.