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Explaining China’s ‘People’s Congress’ Through the Tales of Three: A Hand-raising Automaton, An Independent Candidate, and An Electoral Activist

Teng Biao, March 12, 2019

Independent candidates and electoral activists: clockwise from top left: Yao Lifa, Tang Jingling (severing a 5-year sentence since June 2014), Xu Zhiyong (released in July 2017 after serveing a 4-year sentence), and Liu Ping (serving a 6.5-year sentence since April 2013).

As the Communist Party held this year’s “Two Sessions” (两会), Beijing activist Hu Jia (胡佳) was kept under control by being forcibly moved across the country to Guangdong. Human rights lawyer Tang Jitian (唐吉田) and Xu Zhiyong (许志永), of the New Citizens Movement, received midnight visits in Zhengzhou and were interrogated without explanation. The number of human rights defenders who are under house arrest or have been disappeared is in the thousands. The security departments at all levels are operating at full capacity on a nationwide scale with the capital at the center, consuming a great deal of manpower and financial resources as they use high-tech means to monitor every corner of society.

In its editorial Bring an Immediate End to the Human Rights Disaster of the Two Sessions (《立刻停止制造“两会”人权灾难》), Minsheng Watch (民生观察) wrote that “each March, the National People’s Congress (NPC) and the Chinese People’s Political Consultative Conference (CPPCC) hold their so-called Two Sessions. On paper, the Sessions should represent public opinion, and use the insights gather from it to form national policies and regulations. In fact, the Two Sessions have become a tool for obstructing, suppressing, and banning popular will; they have become associated with the abduction, detention, house arrest, surveillance, harassment, and disappearance, of dissidents and human rights activists. The Two Sessions have become a total human rights disaster for the Chinese people.”

Which national parliament meeting needs the protection of over a million personnel from the military, police, public security, national security and civilian security personnel? Who holds a meeting with such trepidation, as if walking on thin ice, mobilizing so many public resources? This lays bare the truth that the NPC is a tool to isolate and oppose the people. Behind this, it reflects the two-track political calculus of the Chinese authorities: to flex its muscles in front of the people by making a show of force and privilege, and to try to cover up the Communist Party’s greatest anxieties.

In fact, even if the petitioners are able to stuff the petition materials into the hands of the people’s representatives, few of the representatives would so much as take a look. These NPC deputies are not elected by the people. According to China’s electoral system, these people were elected by “indirect elections”: at no juncture throughout all levels of the “people’s representatives,” from county to city, from city to province, and from province to the National People’s Congress, does the “indirect” have anything to do with the people who are supposedly being represented. It is, plain and simple, a power game. In the twenty-first century, Chinese citizens are unable to directly select their national leaders and legislators, and unable to directly elect provincial and municipal leaders and deputies to the People’s Congresses on these levels. They can’t even directly elect the heads of county and township.

While in theory county- and township-level People’s Congress representatives are directly elected, those elections are completely controlled by the Chinese Communist Party. Without multi-party competition, freedom of association, and freedom of the press, the election is doomed to be a farce. The majority of NPC deputies are from the Party, the government, the judiciary, and the military. They are legislator, executor, and judge all at once. There is no division of the three branches of power; the unity of party and state amounts to political incest.

On top of this are a small number of models workers, writers, academicians, celebrities, ethnic minorities, and the like, who are arranged to participate for the sake of political decoration. They have no task apart from stay in luxury hotels, give enthusiastic applause, and spew flattery.

The most amazing NPC deputy is an 89-year-old grandma named Shen Jilan (申纪兰). Starting when she was a girl of 18, she has been elected 13 times as an NPC deputy — the only person to hold this distinction. “She supported the Great Leap Forward, the People’s Commune, and the Cultural Revolution. She was in favor of struggling against Liu Shaoqi, and she agreed to fight Deng Xiaoping. Later, she agreed to denounce the Great Leap Forward and the People’s Commune, she agreed to the denunciation of the reforms, and she agreed to rehabilitating Liu and Deng.” She raised her hand in favor of all these contradictory positions, without fail, for decades.

Shen Jilan explained: “The representatives’ job is to listen to the Party, so I have never voted against it.” When a reporter asked her whether she would communicate with the voters during the election process, she said, “We are democratically elected, it’s inappropriate to have discussions with [voters.” This “hand-raising automaton” is a living, breathing specimen of Party spirit (党性). She claims to represent the peasantry, but she is actually a retired cadre at the prefecture level. Many of her family members are local officials. As an outstanding representative of the NPC, Shen Jilan presents, in concentrated form, the falsehood, absurdity, and ugliness of the legislature under the CCP.

In the election of deputies to the county-level People’s Congresses, the Communist Party guarantees the finalists of the audience through various nuanced means, by hook or crook. Candidates recognized by the Party can easily be elected without any need to promote and campaign. However, since the law does not prohibit citizens from independently participating in county-level people’s congress deputies, some brave citizens have tried to explore this approach, and in the case of a slightly liberal environment, some individuals can still be elected successfully. In the election of the (Beijing) Haidian District People’s Representatives in 1980, Fang Zhiyuan (房志远), Wang Juntao (王军涛), Hu Ping (胡平), and Zhang Wei (张炜) of the Peking University constituency successively posted election campaign declarations, organized voters’ meetings, debates, held opinion polls, and published “Electoral Shortwaves” and other neutral publications. In the end, Hu Ping was elected.

Since 1987, Yao Lifa (姚立法) of Hubei Province has written himself in as a candidate in the elections for the People’s Congress of Qianjiang City four times (湖北潜江). He was finally elected in 1998 and was the first People’s Representative to be elected in China after 1988. In 2003 and 2008, Xu Zhiyong (许志永), a lecturer at Peking University of Posts and Telecommunications, was twice elected as a representative of the Haidian District People’s Congress as an independent candidate. One of the aims of the Open Constitution Initiative (公盟) initiated by Xu Zhiyong and myself is to encourage and help citizens from all over the country to run as independent candidates at the grass roots in elections for local People’s Congresses. This has become an important part of the rights protection movement since 2003. The independent candidacy reached a zenith in the election at the end of 2011. Many laid-off workers, students, professors, journalists, lawyers and IT professionals, including well-known online writers such as Li Chengpeng (李承鹏) and Xia Shang (夏商), ran as independent candidates. In encouraging participation in the electoral process through online agitation and offline activism, they built up quite an impressive force.

However, many independent candidates have been harassed, threatened, monitored, and even brutally beaten during the electoral process. Dissident Zhao Changqing (赵常青) became a deputy candidate for the People’s Congress in Nanzheng County, Shaanxi Province in 1997 (陕西南郑县). However, he was sentenced to three years in prison for the crime of “crime of endangering national security” after he exposed illegal acts during the election. In Wuhan in 2006, democracy activist Sun Bu’er (孙不二) was followed, beaten, and forced to withdraw his candidacy during the election. He was later arrested and sentenced to six years in prison. The very few independent representatives who were successfully elected were quickly squeezed out after the authorities realized they were disobedient, or were easily taken out in the next election.

At this juncture, I can’t help but mention my good friend, human rights lawyer Tang Jingling (唐荆陵) who is still serving his prison sentence Guangzhou. In 2006, he launched the “Ballot Redemption Campaign” (赎回选票运动),  a nonviolent non-cooperation movement that fought back against rigged elections and raised civic awareness. By publicly stating that they refused to vote, they made clear that they would not take part in or comply with the pseudo-elections that did not represent the people, and in this way hoped to awaken the voters’ awareness of their rights.

Hundreds of people responded to the campaign and publicly voiced their refusal to participate in the election. I am also one of them. I also wrote to support and promote this movement, analyzing its similarities and differences with civil disobedience. In 2014, Tang Jingling was arrested and later sentenced to five years in prison for “inciting subversion of state power” because of the “Ballot Redemption Campaign” and other pro-democracy and human rights activities. The independent participation of citizens in elections and the visible non-cooperation in the elections are different ways of revealing the fraudulent nature of Chinese elections in different directions.

Shen Jilan spent her life as a tool and accomplice to dictatorship, while it is those like Yao Lifa and the imprisoned Tang Jingling who truly represent the Chinese people’s bitter and courageous struggle for democracy.

Teng Biao is a Chinese human rights lawyer who now lives in New Jersey.


Related:

For Over 36 Years, Grassroots Elections in China Have Made No Progress – An Interview With Hu Ping, November 1, 2016.

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At China Change, a few dedicated staff bring you information about human rights, rule of law, and civil society in China. We want to help you understand aspects of China’s political landscape that are the most censored and least understood. We are a 501(c)(3) organization, and your contribution is tax-deductible. For offline donation, or donor receipt policy, check our “Become a Benefactor” page. Thank you.

Four Years on: The Whereabouts of the ‘Feminist Five’ and the Sustainability of Feminist Activism in China

Lü Pin, March 11, 2019

“As far as human rights activism is concerned, the outside world tends to focus on short-term incidents, such as when activism comes into direct confrontation with the state. But the outside world cannot keep long-term and sustained attention, which leads to many long-term, internal difficulties being left undiscussed.”

Lü Pin, right, and Leta Hong Fincher, author of Betraying Big Brother: The Feminist Awakening in China, at Berkeley for a discussion about Chinese feminist activism in February. Photo: Twitter

On March 6 and 7, 2015, police arrested and criminally detained five young feminist activists because they were planning an action on International Women’s Day to oppose sexual harassment on public transportation. The action never took place.  Thirty seven days later, after strong domestic and international appeals, they were released on “bail pending further investigation.” The Feminist Five case was the first public suppression of a women’s rights initiative in the history of China under the Communist Party. It was an important event that marked a turning point in the relationship between the contemporary Chinese feminist movement and the state. It also made many people understand for the first time the responsibility the young Chinese feminist activists had undertaken in an effort to transform China into a country of gender equality. The government’s goal in this case was not only to attack the Feminist Five themselves, but also to target the community of increasingly active young Chinese feminist activists at the time. Due to the case, however, they deservedly became the most famous representatives of young feminist activists in China.

How are the Feminist Five doing now? I have been asked this question many times during the past four years. Our friends, partners, and inner circle supporters know that the Feminist Five have never left the scene and have continued to write about their resistance and struggles. But because of information barriers, and maybe also partially due to their own modesty, many people do not know about their current situation, and maybe even have some misunderstandings. This was my original intention in writing this article; but apart from providing an update, I would also like to further discuss the issue of the survival and development of feminist activists amid the increasing difficulty to stage public activities in China today.

The most common misunderstanding about the Feminist Five is this:  “most of them have left China.” In fact, they now all live in Greater China–– Beijing, Guangzhou, and Hong Kong. Although during the past four years they have frequently moved and traveled, most of them have never really left the Chinese-speaking area. Among the five women, Li Tingting (李婷婷, nicknamed Maizi) is the only one who has lived abroad for a period of time, and she has been the most active voice internationally after the Feminist Five case ended. Maizi has delivered many public speeches in North America and Europe, and is often interviewed by international media. After the NGO where she used to work, Beijing Yirenping, was forced to cease its activities, Maizi turned to LGBT rights and founded the “Rainbow Legal Hotline,” an organization that provides legal assistance to members of the LGBT community.  In the second half of 2017, Maizi went to England to study in the Human Rights Master’s Program at the University of Sussex. After completing her studies at the end of 2018, Maizi returned to her hometown, Beijing. In an article posted on February 16 on her WeChat public account, “Li Maizi Who Occupied Men’s Bathrooms,” Maizi wrote:

“The reason why I decided, without hesitation, to return to China is simple: there is no escape. We live in a time when every day we can be disgusted by Trump. What’s so disheartening is that people are getting used to this awful world. Staying angry and awake, I realized that the longer I stayed in England, the more I felt like I needed to return to China.”

“As a feminist activist, a gay rights activist, other than returning to my own country, what better choice is there?”

“When history happens, I must be present. With this conviction, I came back to China. ”

This is Maizi’s understanding of her responsibility: a responsible feminist activist’s first choice is always dedicating herself to the liberation of her own country, and striving to maintain a connection with what’s happening on the ground.

Wei Tingting (韦婷婷, nicknamed WAITING) was the project director of a Beijing LGBT organization at the time of the Feminist Five case. In 2016, she went south to Guangzhou and started her own business as a freelance activist, focusing on anti-sexual harassment. In 2018, Wei Tingting’s organization “Guangzhou Gender and Sexuality Education Centre” (GSEC) was very active in the anti-sexual harassment #MeToo campaign. GSEC used a variety of tactics, such as communication, research, individual case intervention, proposals, training, and a flexible and rapid response mechanism, which made this small, innovative organization assume an important role in organizing #MeToo work. However, on December 6, 2018, the GSEC was compelled to publicly announce that it was forced to cease operations due to “complicated factors such as force majeure.” This was one of the major setbacks in the organization of the #MeToo movement in 2018. However, Wei Tingting did not give up her activities in the anti-sexual harassment arena. Almost immediately, she launched a new activity: she formed a small, psychological help group for victims of sexual violence, which was also her effort to move in the direction of her professional training in psychological counseling.

Zheng Churan (郑楚然, nicknamed Datu or “Big Rabbit”) grew up in Guangzhou, went to college in Guangzhou, and has basically never left the city. After the Feminist Five case in 2015, she was forced to leave “Weizhiming,” an organization she helped to launch that advocated for young women’s rights, and become a freelancer. She tried many different kinds of ventures: starting a company, organizing themed parties, recording “Dong Xiaoxiao” videos (栋笃笑, a Cantonese standup comedy), and organizing debate competitions.  In November 2016, the BBC described her as a female entrepreneur and included her on the list of Global “100 Women” for that year. However, Zheng Churan’s most successful attempt was writing. She writes in her public account on Weibo and also on NGO platforms, and has quickly become an influential columnist specializing in feminist commentary. She has a loyal following that likes her spicy and sharp style.

Zheng Churan is also part of a feminist-themed online store featuring original products, and continues to develop her ability in creative planning, training, and team building. Zheng Churan is an active participant in, and organizer of the #MeToo movement in China. She also witnessed the women workers’ anti-sexual harassment statement at Foxconn in Shenzhen in January 2018. The women workers wrote in an open letter: “We know that an unequal gender environment will not be eliminated in one day…. But this is only a beginning. There will never be any change unless there is action.” This is a remarkable achievement in the combination of feminist and labor issues in recent years.

In 2015, Wang Man (王曼) was the coordinator of a Beijing-based NGO that focused on anti-poverty issues. At the same time, she regarded the participation, observation and research of feminist actions as part of her job. After the Feminist Five case, Wang Man’s work and personal life were shattered–– the details of which she’s never disclosed to the wider public. After she was forced to cease her original work, she took some time to rest and recover, and then decided to reengage her interest in academics without leaving behind her public interest work. At present, Wang Man is in Hong Kong balancing research and social service work, and has chosen to keep a low public profile.

Wu Rongrong (武嵘嵘) has been involved in volunteer activities ever since she was a university student. In 2011, Wu Rongrong left her well-paying job at Alibaba, and returned to nonprofit world, assuming responsibility for the young feminists project at the NGO, Yirenping Center. In 2014, the project became an independently registered advocacy entity in Hangzhou with the name “Weizhiming.” Unlike her colleagues Li Maizi and Zheng Churan, Wu Rongrong was strong at leadership-style network communications, rather than demonstrating in front of the public and media.

In 2015, Wu Rongrong was the only one among the Feminist Five who was married and had a child.  Because of her many responsibilities, Wu suffered a greater degree of anxiety and pain in the detention center.  After she was released on “bail pending further investigation,” Wu was forced to disband Weizhiming, and she continued to be monitored and harassed by the police. She had to fight hard for her fundamental rights to live peacefully, travel, and obtain further education.   

When she had no choice but to temporarily withdraw from feminist work, Wu Rongrong invested in her own studies and developed expertise in public interest-related psychological counseling. In September 2017, after a long struggle, she finally successfully renewed her passport, obtained necessary approvals, and flew to Hong Kong at the last minute to enroll in the University of Hong Kong, Faculty of Law.  She was thus able to secure a valuable period of time to adjust and pursue further studies. Fortunately, it’s convenient to travel back and forth between Hong Kong and the mainland, so she and Wang Man have never drifted apart from their feminist colleagues, and the fellowship they shared.  

The Sustainability of Feminist Activism

Another misunderstanding about the Feminist Five is that they have obtained a great deal of financial resources due to international attention. This is not the case. During the period of rescue and follow-up relief in 2015, the international human rights community did in fact give them some direct and indirect assistance to compensate them for the loss suffered by the raids and seizure of their property, and to ease the difficulties they experienced after they were released and unable to resume normal work. Furthermore, the international human rights community provided support for their follow up rights defense and recovery.

But this is not to say that the costs associated with forced eviction, loss of work, and the mental distress associated with such targeted persecution can be compensated at a single point in time. When the period of assistance following their case came to a close, the Feminist Five’s studies, livelihood, and career were all up to themselves to fight for. I never heard of them receiving any windfalls. It’s very difficult for them to turn their “fame” into resources. For example, in September 2016, Li Maizi livestreamed her bungee jumping on the Internet to fundraise for the Rainbow Legal Hotline. Once Zheng Churan published an article while she was sick, and was very happy to receive 800 yuan for it, which she then used to see a doctor. As for the interviews with many international media outlets later on, from the perspective of the Feminist Five and their partners, it was a kind of contribution in the public interest; they did not receive any personal benefit from them.

In fact, many human rights activists are in similar situation: attention from the outside world did not lead to much improvement in their personal circumstances. There are a few reasons for this: first, public opinion and funding are two different things, especially after the urgent need stage has passed. Foundations that provide long-term funding for human rights have their own relatively fixed agendas and will not invest based on trending public opinion. Second, after China’s “Overseas NGO Management Law” took effect in 2017, international foundations that are legally registered in China would no longer cooperate with independent rights organizations that lacked proper NGO qualifications. Moreover, it is now illegal to accept funding from foundations that have not established offices in China. Given that public fundraising is basically impossible within China, this essentially cuts off the channels of survival for these organizations and activists. Third, after 2015, Chinese officials intensified their efforts to vilify international public opinion. International fame has not helped the survival of activists in the mainland, but rather, its effect has been negative: it signifies “collaboration with Western hostile forces” and so on.

This is the reason why the Feminist Five either have to temporarily put their activism on the back burner, or think up all sorts of means of supplementing their livelihood. In 2015, all five of them were full-time employees of NGOs; today, none of them can find a paid full-time job in the field of feminist activism. Despite their enthusiasm and ability, the reality of their circumstances has driven them to make practical sacrifices. Five years after graduating from college, Maizi wrote: “I need a job that makes money… … the activism that I once dedicated all my efforts to is only my part-time job now.”

This, of course, is not to blame the international community for falling short in assisting the cause of Chinese feminism, nor does it imply that the Feminist Five depend on others for financial support. Each of them is highly educated, and it’s not difficult for them to join the urban middle class through their individual efforts. But different from ordinary citizens, they want their work to be socially meaningful. Many people in China are not aware that working for rights and justice — something of dire importance for a country like China — is also a job that deserves pay. The advancement of social progress requires expertise and committed professional activists. If the promotion and organization of women’s rights continues on an uncompensated basis, there is no way for more people to join the cause, which is exactly what the reactionaries want. Moreover, as mentioned above, the resources of feminist activism are being cut off from multiple angles, and activism is being increasingly targeted by the Chinese legal system. This has fragmented the organizational core, and rights defenders — such as those stepping out as part of the #MeToo movement — are not getting the service necessary for their work.  

Amidst the challenges, the Feminist Five have not scaled back their activism. On the contrary, I think the most remarkable thing in the last four years is that despite not receiving due compensation for the sacrifices they made, they did not complain. Instead, they have been forward-thinking from the very beginning, being creative and exploratory as they seek ways to continue their work. Whether as individual activists, as freelancers, or even entrepreneurs, they have found ways to pair their personal development with their social ideals. As Maizi wrote: “I work hard every day to improve myself, meet challenges, solve problems, and achieve goals. At other times, I try my best to participate in the #MeToo movement and play my role. The work produced by one woman is still work; a single spark can start a prairie fire.” If we sighed with admiration at the creativity and courage they displayed in 2015, then four years later, I see that they have now become even more mature and tenacious as they carry out their duties in a harsh environment.

Their work deserves more understanding from the outside world. As far as human rights activism is concerned, the outside world tends to focus on short-term incidents, such as when activism comes into direct confrontation with the state. But the outside world cannot keep long-term and sustained attention, which leads to many long-term, internal difficulties being left undiscussed. In fact, the crisis was only the beginning of a continuous process of repression. In the past four years, the Chinese government and its agents have learned their lesson from the sloppy handling of the Feminist Five case, and have since been quietly taking gradual steps to cut off the resources of feminist activism. They do this by smearing feminists’ reputations and sequestering them from the broader social network, and so on.

The most typical example in this vein occurred in March 2018. The first feminist public forum on Chinese social media, “Feminist Voices” (女权之声) was completely shut down and this was followed up by a wave of online stigma against feminism. Zheng Churan was also dragged into the maelstrom of malicious accusations, such as that the feminists were advocating “Tibet independence,” “Hong Kong independence,” “organized prostitution,” “collaboration with hostile Western forces,” and the like. While these defamatory labels were heaped on and repeated a million fold, the editorial rebuttal of the “Feminist Voices” could not be posted (due to censorship). There is clearly an extremely biased system at work in this war of words: it seems as soon as “feminism” is flagged as being sensitive, the entirety of China’s social media will mobilize automatically to exclude the term “feminism,” without the need for an explicit order from the propaganda department, and replace it with the vaguer “equality for women.” This not only means a loss of legitimacy for the many years of feminist struggle, but it has also quietly marginalized the feminist movement by painting it as an untouchable subject.

People have to realize that support for progressive social movements cannot idle at the current level of showing “concern,” but that it must manifest in the form of providing actual resources to sustain them. Chinese feminism has a very large community of support, that is, young generations who cannot help but feel anger at violence and discrimination in the family, in education, and in the workplace. Meanwhile, the feminist activists have ample skills and insight to play a hard-core organizational role. Therefore, the problem of resources has become the key to the sustainability of the feminist movement, but to this day few have grasped this principle. If people come to realize that the feminist movement is not just a wing of Chinese social progress, but also linked to whether or not the country can transform to a more democratic and equal structure, and if they realize that the feminist movement is virtually China’s last — but still vastly potent — force of resistance, they will come to understand how important it is to support this movement.

Lü Pin(吕频)is a Chinese feminist activist focusing on strategic advocacy to combat gender-based discrimination and violence. She started her work on women’s rights in the late 1990s. In 2009, she founded Feminist Voices, China’s largest new media platform on women’s issues. Since 2012, she has devoted herself to supporting the activism of young feminists across China. She now resides in Albany, New York, where she continues to follow the feminist movement in China closely.  


Related:

A Cafe Chat With Li Tingting, Yaxue Cao, July 26, 2016.

Wu Rongrong: How I Became a Women’s Rights Advocate, April 27, 2015.

Detention of Five Chinese Feminist Activists at the Juncture of Beijing+20 – An Interview with Gender Scholar Wang Zheng, April 11, 2015.

Support Our Work

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At China Change, a few dedicated staff bring you information about human rights, rule of law, and civil society in China. We want to help you understand aspects of China’s political landscape that are the most censored and least understood. We are a 501(c)(3) organization, and your contribution is tax-deductible. For offline donation, or donor receipt policy, check our “Become a Benefactor” page. Thank you.

Condemning the Enforced Disappearance of Lawyer Lu Tingge

Members of the Chinese Human Rights Lawyers Group, March 8, 2019

Lu Tingge (卢廷阁) is a lawyer based in Shijiazhuang (石家庄), the capital of Hebei province. He is one of the newer faces in the community of human rights lawyers in China. In February he put forward a proposal to limit the legislative authorities of the Standing Committee of the National People’s Congress, and more than a thousand Chinese citizens signed to support the proposal. He has been missing since March 2. — The Editors  

We have learned from multiple sources that, on March 2, the Shijiazhuang-based lawyer Lu Tingge was taken away by officials of Shijiazhuang municipal Justice Bureau and his neighborhood police officers, and that his family and colleagues have not been able to get in touch with him for seven days as of today.

Lawyer Lu called his wife once on the evening of March 2, not using his own cell phone, but that of Xing Qiang (邢强), an official of the Bureau. Since then his family has not been able to get in touch with him.

We as lawyers believe this is a serious violation of a citizen’s basic human rights such as freedom of movement and freedom of communication. It is a typical act of enforced disappearance. Those who are involved in disappearing lawyer Lu Tingge have committed the crime of extralegal detention defined by Article 238 of the Criminal Law of the People’s Republic of China.

We have reasons to believe that the enforced disappearance of lawyer Lu is probably related to his proposal for amending the Constitution and his gathering signatures of support because several lawyers who signed have been summoned for talks by officials of their local Justice Bureaus.

Lawyer Lu’s disappearance reminds us of a number of human rights defenders whose freedom has been partially restricted for their expressions. We believe that:

First, it is immoral to secretly categorize and identify citizens for their expressions and political orientations; it is immoral to conduct secret and prolonged investigations of lawful citizens who are merely exercising their constitutional rights.

Second, it is illegal to forcibly evict or limit the movement of certain citizens based on such secret categorization and identification when the National People’s Congress (NPC), the Chinese People’s Political Consultative Conference (CPPCC), or the Chinese Communist Party’s national conference convenes, or on dates deemed particularly sensitive. It is a blatant contravention of constitutional rights and in opposition to the government’s claim of governing the country according to the law.

Third, the central requirement of governing the country according to the law is to respect and protect basic human rights and to allow citizens to be free of fear. Enforced disappearances by the government will create permeating fear. Such inappropriate exercise and transgression of power sets a precedent and can easily be multiplied, creating threats to all citizens. The enforced disappearance of lawyer Lu Tingge will inevitably and adversely affect ordinary people.  

Fourth, according to article 16 and article 23 of the United Nations’ “Basic Principles on the Role of Lawyers,” “governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference,” that “lawyers like other citizens are entitled to freedom of expression, belief, association and assembly,” and that “they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights…” 

We call on Shijiazhuang Justice Bureau and neighborhood police to immediately restore lawyer Lu Tingge’s physical freedom and freedom of communication.

We call on the Hebei provincial government’s disciplinary and supervisory entities to investigate the civil servants who have been involved in committing the crime of illegal detention in this case and to eliminate the ill effects it has created.

Members of the Chinese Human Rights Lawyers Group (中国人权律师团)

March 8, 2019

谴责石家庄市司法局和公安局对卢廷阁律师的强迫失踪

从数个消息来源获知,自2019年3月2日卢廷阁律师被石家庄市司法局和辖区派出所警察联合带走后,就与外界失联。至今已经是第7天了。

虽然3月2日晚卢律师给妻子打过一次电话,但用的却是司法局邢强处长的电话。此后其家人再无法再联系上他。

作为法律人,我们一致认为这是对公民人身自由,通讯自由这些基本人权的严重侵害,是一种典型的强迫失踪行为,相关涉案人员已经构成《刑法》第238条的非法拘禁罪。

我们有理由相信,对卢律师的强迫失踪可能与他提议修改宪法的联署文本有关,因为多个联署律师均已被所在地的司法局约谈。

由卢律师个案联想到以前多位人权捍卫者因言论表达而被区别对待甚至被限制部分自由的情形,我们一致认为:

第一,基于人的言论和政治倾向而对公民进行秘密分类和甄别是不道德的,对践行宪法权利的合法公民进行长期的秘密侦查是不道德的。

第二,在全国人大、政协或者中国共产党的全国会议召开及某些特定日子,基于对公民的秘密分类和甄别,对特定公民进行强制驱逐和限制自由迁移是违法的,是对《宪法》权利的践踏,与政府主张的依法治国精神相违背。

第三,依法治国的核心要求是尊重和保障基本人权,让国民有免于恐惧的自由。而公权力的强迫失踪会塑造弥漫性的恐惧氛围,因为权力的行使具有强烈的示范作用,一旦权力边界被突破,极易被复制,对所有国民都是一种威胁。卢廷阁作为一名律师,他的被强迫失踪不可避免的会带给普通人更大的心理冲击。

第四,依据联合国《关于律师作用的基本原则》第16条和23条之规定,各国政府应该保证律师能履行其所有职责而不受恫吓和威胁,律师作为公民也享有言论、信仰、结社和集会的自由,他们应有权参加针对法律、司法以及促进和保障人权方面的公开讨论。

我们呼吁石家庄市司法局和辖区派出所人员即刻还卢律师人身自由和通讯自由。

我们呼吁河北省纪检监察部门立即对涉案的国家机关工作人员非法拘禁的犯罪行为展开调查,以消除事件带来的恶劣影响。

中国人权律师团

2019年3月8日

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A Brainwashing War: An Appeal for the Poet-preacher Wang Yi

Liao Yiwu, translated by Michael Martin Day, March 4, 2019

Wang Yi, front right; Liao Yiwu, front left. Photo: @liaoyiwu1

On December 9th, 2018, on the eve of International Human Rights Day, in my hometown of Chengdu, Sichuan, the most influential house church in China today, the Early Rain Covenant Church, was raided by the police and banned, and more than 100 believers were taken away. The chapel, seminary, and other church property funded by the congregants were seized and the property was immediately and illegally occupied, becoming the government office hall of the Double Eyes Well Community. The founders of the church, the husband-and-wife pair of Wang Yi (王怡) and Jiang Rong (蒋蓉), were both accused of “inciting subversion of state power”, arrested and have gone missing until this day, leaving their ten-year-old son, Wang Shuya (王书亚), to be looked after by Wang Yi’s parents. A few days ago, burning with worry, Wang Yi’s father sought out a lawyer for his son. Unexpectedly, just after the two parties had finished their interview, police officers who had been surveilling them rushed up and arrested the lawyer, interrogated him in the police station for six hours, confiscated all related legal documents, and announced that he had been stripped of his right to provide counsel.

Wang Yi and I have known each other for 20 years. We are both dissident poets and writers and have both been directors of the Independent Chinese Pen Association. Together, we also published four underground books that have been banned. As I had visa applications to leave the country rejected 16 times, Wang also acted as my human rights lawyer. In 2005, Jiang Rong and Wang Yi were baptized and returned to the Lord. A half year later, Wang Yi, Yu Jie (余杰), Li Boguang (李柏光) and other Chinese Christians were received by President Bush in the White House. In the aftermath of the Sichuan earthquake in 2008, Wang Yi and his wife founded the Early Rain Covenant Church in their home. Since then, they have been repeatedly harassed by the police and have been interrogated over 20 times. Later, Wang Yi became the chief pastor of the Early Rain Covenant Church and the most controversial “political pastor” among the more than 10 million congregants of China’s underground churches.

Every year on the anniversary of the June 4th Massacre, he has held a prayer meeting for the victims of the Tiananmen Massacre, for which he has been repeatedly censured. He has responded: “Many people ask us why we pray for June 4th as it is politics. I say I didn’t see politics, I saw people being killed, an injustice, people being oppressed and suffering. In a politicized society, just maintaining freedom of conscience is already considered political.”

On October 28, 2018, he preached: “This country is launching a war against the soul, although the ranking of this war is not the most advanced, it is the most important war. In Xinjiang, in Tibet, in Shanghai, in Beijing, in Chengdu, the rulers of this country are launching this war, but they have established for themselves an enemy that can never be detained, can never be destroyed, will never capitulate nor be conquered: the soul of man…so they are destined to lose this war and are doomed to fail…”

He went on to mention the spiritual life, stating that life without spirituality is consequently undignified. He stressed: “Just as the spiritual life is the essence of human life, just as Christian faith is so precious, the one thing we cannot bear to lose, and is even the one treasure we sinners possess [is our spiritual life]; just so, when this country comes to take this sole treasure away, we beseech the Lord to fill us with the Holy Spirit, Amen. We beseech the Lord to let us not only do this, but to also let us use our persecution to convey a gospel of persecution to the society of China. Let them torture themselves in questioning the value their own souls, interrogating their own pitiable, despicable lives; where is dignity, honor and freedom under such a dictatorship of money and absolute power? It is either in Jesus Christ, or there is no dignity at all…”

And, so, Wang Yi was accused of “inciting subversion of state power”, and the sentence awaiting him will be no less than that of Liu Xiaobo, who was convicted of the same crime. And as he follows in the glorious path of a martyr, I predict that it can be no less than the Nobel Peace Prize winner Liu Xiaobo.

In this “brainwashing war,” or call it a “war of souls,” like those of authoritarian tyrants such as Hitler, Stalin, Mao Zedong, etc., God’s servants Wang Yi and Jiang Rong have become captives of “this country;” just as a decade ago, Liu Xiaobo became a prisoner of “this country” for drafting Charter 08. Wang Yi has stated: “If you tame the rulers in heaven, you cannot tame the dictators on the ground.” This young “egg”, who is 18 years younger than Liu Xiaobo, is at the turning point of this darkest chapter of Chinese history, similar to the martyred saint Dietrich Bonhoeffer during the Nazi period in Germany, when he openly confronted the “boulder” coming to crush him. At an evangelistic meeting on September 11, 2018, Wang shouted: “We have a duty to tell Xi Jinping that he is a sinner. The government he leads has greatly offended God because it has persecuted the church of our Lord Jesus Christ; if it does not repent, it must perish. We must proclaim that an evil person like him still has a way out. And the only way out is the cross of our Lord Jesus Christ…we say this as it is of true benefit to him and China’s rulers: we don’t want to see them sinking into hell, being cursed by God.”

In a sermon on the evening of September 21, 2018, he told the more than 500 Christians present: “In the persecution of the Henan House Church, not only was the cross dismantled, but the church was looted, and even the bibles and psalm books were burned. In China’s history of the twentieth century to the present, this is the fourth burning of the Bible. In 1900, the Boxers burned the Bible and killed Western missionaries, but the Lord at that time prepared a group of local evangelists for the future revival of his church. The second time was the heathen movement of 1922-1927, when the government burned bibles in large numbers; but it was followed by a ten-year renaissance of the Church from 1927 to 1937. The Cultural Revolution of 1966-1976 was the third time China’s rulers burned the Bible and demolished churches; but since the end of the Cultural Revolution, the Church of our Lord has had a revival of forty years in length. So, a few days ago someone asked: ‘Pastor Wang, don’t you worry that you will go to jail?’ I replied, I don’t worry, I just want to know one thing: Is the Lord using this burning and persecution in 2018 to somehow raise up a group of preachers for the Church in China? And are some of them congregants of the Early Rain Covenant Church…”

In the early spring of 2011, on the eve of my escape across the Sino-Vietnamese border, Wang Yi sent an e-mail to his friends that accurately predicted his own, later calamity. “Going to prison is like going to Africa,” he wrote, “God has given me three brocade purses: the ability to move my house at any time, to go to jail at any time, and to return to my heavenly home at any time.”

Seven years later, he finds himself in a cage. A common friend of ours, from our hometown thousands of miles away, mailed me Wang’s four underground poetry collections. Once, I deliberately did not read his writings. I am not a Christian, although I wrote God is Red, a book pirated and praised by Wang Yi as “exalting the Lord”. However, I never subconsciously felt any form of mission or desire to offer praise. Although I will diligently write everything down [that I am told], I am but a tape recorder of an era.

But the “recorder” also bursts into tears, just as I do now as I read Wang’s poems, mulling over “going to prison is like going to Africa” – so far away! So far away!! Can he return? Can I still see him in this life? In this world?

The prison cells of the Communist Party are getting darker and darker. Both Liu Xiaobo and Yang Tianshui have died within them. They were only in their 60s. They were both non-violent dissident writers. As soon as their sentences were almost served, they were suddenly diagnosed to have terminal illnesses…and Wang Yi has chronic gout that is extremely painful whenever it strikes. Will the police who took him “to Africa” let him carry painkillers with him? The next surprise interrogation he is subjected to, an attack of gout can be expected, and as he writhes in pain on the floor, will they send him to the hospital?

Our teacher in this profession, Solzhenitsyn, compared the labor camps all over the Soviet Union to a “gulag archipelago.” He described how when a person had not yet entered, the archipelago is like a constellation in the sky, so far away, unfathomable, no one knows how to reach it. Until one day the catastrophe befalls them, and they then realize the only way to get there is through formal arrest. Coming back, or never coming back, no one can tell….

Yes, when I left the birthplace of my nightmares, the gout patient Wang Yi continued to move onward and desperately resisted for seven more years before finally being formally arrested instead of being “asked to tea”, “subpoenaed”, “placed under house arrest”, “repatriated”, “sent on vacation”, “gone missing” or “black-hooded”. I have a foreboding feeling he will not return! Everyone knows that country and its cities known as Chengdu, Lhasa, Urumqi or Beijing, are secretly filled with political prisoners serving their time. For those who for the time being have yet to enter, they are as remote as the archipelago or Africa.

I am here with an appeal for the poet, writer and pastor Wang Yi and his wife, Jiang Rong. I hope that all Western politicians and poets, writers, scholars, human rights activists and ordinary citizens will pay attention to this confrontation with brainwashing, this resistance in the war of hijacking the souls of China’s people; I hope that German Chancellor Merkel and Foreign Minister Maas will make use of their influence with China to prompt the Xi Jinping regime to release Wang Yi and Jiang Rong; I also hope President Trump and the U.S. government will link their unprecedented trade wars with human rights and rescue Wang Yi and his wife. I say this because the President put his hand on the Bible when he was sworn in, and Wang Yi was arrested and imprisoned in protest against the burning of the same Bible.

Of course, I also hope that the Pope and the Vatican, who signed a shameful agreement with the Chinese government not long ago, will repent and publicly propose the release of God’s children, Wang Yi and Jiang Rong.

Dear friends, whether we know each other or not, thank you for reading and passing this on. I also hope that you will express what you feel and your conscience in any way you find appropriate, and support this appeal.

Liao Yiwu, exiled writer, on Chinese New Year’s Eve, 2019, Berlin.

Three Poems by Wang Yi

Liao Yiwu is a Chinese writer living in Berlin. Michael Martin Day teaches at National University in La Jolla, California.


Related:

The Crackdown on Chengdu Early Rain Covenant Church: A Backgrounder, China Change, December 21, 2018.

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At China Change, a few dedicated staff bring you information about human rights, rule of law, and civil society in China. We want to help you understand aspects of China’s political landscape that are the most censored and least understood. We are a 501(c)(3) organization, and your contribution is tax-deductible. For offline donation, or donor receipt policy, check our “Become a Benefactor” page. Thank you.

The Lesson of Venezuela: Regime Change Can Only Happen When People Take to the Streets

Wang Dan, February 5, 2019

On February 2, tens of thousands of Venezuelans took to the streets again, demanding change. This article by 1989 Tiananmen student leader Wang Dan (王丹) was published in Chinese by Radio Free Asia on January 25. After teaching in Taiwan for years, Wang Dan now lives in the Washington, DC area and heads the new Dialogue China think tank. – The Editors

On January 23, tens of thousands of demonstrators took to the streets of the Venezuelan capital to protest the ruling party and President (Nicolás) Maduro. In front of a dense cheering crowd, waving their arms in support, the 35-year-old opposition leader (Juan Guaidó) proclaimed himself “interim President” and immediately received recognition from Western countries led by the U.S. and Latin American neighbors. The current Venezuelan administration faces severe challenges, and an alternation in regime will very likely succeed peacefully. What happened in Venezuela once again tells us one thing: that is, it is only when people take to the streets that regime change is possible.   

Why, you might ask? Simply because in countries with authoritarian dictatorships like China and North Korea, there’s no mechanism for people to change the regime through elections and other means within the system. Even in democratic countries, people taking to the streets is the most effective and direct way to effect a change in political power.

Venezuela is not a completely authoritarian state. It has long possessed a constitutional democracy. But a democratic system cannot guarantee that a corrupt regime will, on its own accord, correct its own mistakes. During Chavez’s four-term presidency and the tenure of his successor, Maduro, it’s not that the opposition did not try to overthrow their rule through elections, but they could not shake the entrenched power. This was in part due to the irrational choices of Venezuelan voters, and in part due to the fact that the opposition could not come together and jointly agree on a leader to put forward.

But in recent years the Venezuelan opposition party has continued to explore ways to solve problems within the system, and the majority of public opinion supported the opposition. In the December 2015 parliamentary elections, the opposition won 112 seats of 167 seats and took control of the National Assembly. The outside world thought that this would effectively check the anti-democratic behavior of the current government. However, on August 18, 2017, Maduro also used a method from within the system to announce the establishment of the Constituent Assembly. This Constituent Assembly, with direct legislative power, meant that the National Assembly was deprived of its main powers, making it impossible for the will of the people to be expressed through the system. Through manipulation by the government, the judicial system– another built-in check and balance mechanism – was, likewise, unable to play its role. The Supreme Court opposed the National Assembly’s exercise of its right to effect change in political power.

It was only when all means within the system were exhausted and there were no other ways to force a regime that had lost popular support to step down, that the people took action. Heeding the call of the opposition party, tens of thousands of people took to the streets. And this led to the moving scene witnessed by the whole world: the self-proclamation of a takeover of the regime by the young opposition leader.

It remains to be seen whether the alternation of political power in Venezuela will be realized smoothly. In addition to the crucial factor of whether the military’s support for the current government will change, the attitude of the United States and Latin American neighbors, such as whether or not to intervene militarily, and their influence, is also crucial. Regardless, at present we can already see there is hope for solving the political deadlock that has long troubled Venezuela.

Losing the recognition of the international community and facing large-scale street protests, the future prospects for President Maduro don’t look good. Even if he can manage to hold onto office, it’s unlikely that his rule will proceed smoothly. All that has happened is predicated on the people taking to the streets in large numbers, and peacefully displaying their desire for change.

It is often said that street demonstrations are a radical form of protest, which can easily lead to large-scale violent conflicts and undermine the democratic process. But in fact, throughout the ages, the vast majority of regime change took place when people went to the streets. Without the pressure of people taking to the streets, few rulers will take the initiative to step down on their own. At the same time, we also have seen that, without the support of street demonstrations, mechanism from within the system can easily be defeated by all manners of political manipulation. Although people taking to the street may lead to large-scale violent conflicts, there are many examples of peaceful demonstrations that have forced a peaceful change in the regime. The resistance on the street, which occurs outside the system, will provide an opportunity for the opposition party within the system, and it is only such an opportunity that can lead to success for the opposition within the system. This is root cause for why street demonstrations are the only method to change a regime, and what happened in Venezuela proves this point again.

Related:

Twenty-Eight Years After – An Interview With Wang Dan, October 25, 2017.

The Chinese Communist Party Should Fade Into History Peacefully, Avoiding Violence and Minimizing Social Unrest, Zheng Yefu, January 25, 2019.

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At China Change, a few dedicated staff bring you information about human rights, rule of law, and civil society in China. We want to help you understand aspects of China’s political landscape that are the most censored and least understood. We are a 501(c)(3) organization, and your contribution is tax-deductible. For offline donation, or donor receipt policy, check our “Become a Benefactor” page. Thank you.

Acceptance Speech for the 2018 French Republic Human Rights Prize

Tang Jitian, January 30, 2019

On December 10, 2018, on the occasion of the 70th anniversary of the Universal Declaration of Human Rights and the 20th anniversary of the United Nations Declaration on Human Rights Defenders, the French National Consultative Commission on Human Rights (La Commission nationale consultative des droits de l’homme) has awarded the annual French Republic Human Rights Prize to six personalities or organizations that have distinguished themselves in their country for the defense and promotion of human rights, and Chinese human rights lawyer Tang Jitian (唐吉田) is one of them. He was unable to travel to France to receive the prize. On January 14, 2019, the French Ambassador to China, Mr. Jean-Maurice Ripert, presented him the award in Beijing. –– The Editors

Ladies and Gentlemen: 

I am very grateful to the French government for awarding me the 2018 French Republic Human Rights Prize (Le Prix des droits de l’Homme de la République Française). I think this is not only an affirmation of my own work on behalf of human rights, but also an affirmation of all Chinese human rights defenders, including lawyers. While expressing thanks to those who conferred this award, I also want to say thank you to friends from all walks of life at home and abroad who have expressed concern and given me support and help for more than 10 years. My life became more meaningful because of you!

Since entering the legal profession, especially after coming to Beijing in 2007, I was determined to use the law to help those who had suffered injustices. In addition to handling human rights cases, I also participated extensively in social actions, one of which was an effort in 2008-09, together with a cohort of lawyers to promote direct elections of the Beijing Lawyers’ Association. This action infuriated the Chinese government, and in April 2010, my license to practice law was revoked. Even though I suffered this blow of losing my normal legal practitioner’s identity, it didn’t stop me from engaging in rights defense work. On the contrary, I threw myself into the work even more actively, including the struggle for lawyers’ own rights and interests. And despite having suffered numerous rounds of forced disappearance and arbitrary detention, accompanied by torture, I nonetheless still had the same intention as before –– to continue to be active in the field of rights defense in China.

Although I’ve been restricted from exiting the country for nearly 10 years, making it impossible for me to fully communicate and work together with the outside world, my view was not completely limited. I still have friends from certain countries who have facilitated my work to varying degrees.

As everyone knows, France has a notable tradition of defending human rights. The 1789 Declaration of the Rights of Man and of the Citizen still has a unique guiding value for today. After the Second World War, and especially in recent years, the French government and civil organizations have made great efforts to promote the improvement of human rights in mainland China. Among the democratic countries, France plays a role that is appropriate for a major country. As a major democracy, France still has considerable room for expansion in promoting world development, especially in China’s human rights cause. I hope it can be even more proactive than in the past in getting involved in China’s human rights matters, and provide practical and effective support and assistance to human rights defenders on the frontline.

Contemporary mainland China has reached a critical juncture: whether to embrace civilization or choose barbarism; whether to practice universal values ​​or push the rules of the jungle; whether to preserve and strengthen the outdated totalitarianism or move toward a new democratic politics –– there is not much time left to waver.  

As a member of civil society, I look forward to China getting on the right track as soon as possible, but those selfish and greedy officials in the government are trying to pull the people back into barbarism. It is difficult to imagine what things would be like to have a China with 1.3 billion people suspended alone for a long period of time outside the civilized world: the deteriorating human rights situation in mainland China is not only a nightmare for the Chinese, but will also be a misfortune for all of humanity.

In the face of this grim situation, groups upon groups of Chinese people eager to live with dignity have fought for their rights and interests in various ways, so that future generations can live in a normal environment, and the Chinese nation will not become a burden to the world. Human rights defenders, including human rights lawyers, are to some extent shouldering a historical responsibility. As one of them, I hope they will receive more understanding, attention, support, and assistance from the international community.

This award serves as both motivation and pressure. In the past, I only did my job as a human rights lawyer, therefore going forward I can’t stop doing what I am called upon to do. Instead, I should always remind myself not to be complacent, and do more work to the best of my ability using available means. Defending human rights has long been an integral part of my life. I will work together with other human rights defenders, from a new starting point, to make a due contribution to the protection of human rights and the advancement of the rule of law.

Finally, I would like to express my sincere gratitude to all the guests at the awards ceremony!

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At China Change, a few dedicated staff bring you information about human rights, rule of law, and civil society in China. We want to help you understand aspects of China’s political landscape that are the most censored and least understood. We are a 501(c)(3) organization, and your contribution is tax-deductible. For offline donation, or donor receipt policy, check our “Become a Benefactor” page. Thank you.