The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in the People’s Republic of China (PRC).
Description of the situation:
According to the information received, the Shandong Provincial Bureau of Judicial Affairs rejected Mr. Li Jianqiang’s application for renewing his license in June 2007, the month for the annual renewal of lawyers’ licenses in China. The Shandong authorities did not provide any explanation, oral or written, for this decision. According to Mr. Li, this lack of written decision makes it difficult for him to appeal.
The Observatory expresses its concern regarding this decision, which seems to merely sanction Mr. Li’s activities in favour of dissident voices in China. Mr. Li has indeed represented several writers, journalists, and organisers of opposition parties in court in recent years, including the writer Yang Tianshui, poet Li Hong, activist and artist Yan Zhengxue (See Observatory Annual Report 2006), and dissident Chi Jianwei.
The Observatory further expresses its concern over the determination of the Chinese authorities to obstruct the work of human rights defenders. The Observatory wishes to recall that according to Article 11 of the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, “everyone has the right, individually and in association with others, to the lawful exercise of his or her occupation or profession”.
The Observatory wishes to recall that the National People’s Congress amended the Chinese Constitution in 2004 to include that “the State respects and safeguards human rights” and that in April 2006, the PRC submitted a document in order to support its candidacy to the Human Rights Council’s first election1, in which it affirmed that the amendment to the Constitution was aiming at “defining the position of human rights in the overall national development strategy. The Observatory further wishes to point out that as a member of the Human Rights Council, the PRC “shall uphold the highest standards in the promotion and protection of human rights”2.
Actions required:
Please write to the Chinese authorities urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Li Jianqiang;
ii. Ensure that the decision of the Shandong Provincial Bureau of Judicial Affairs to reject Mr. Li Jianqiang’s application be revised or at least a formal communication be given so that he can appeal this decision;
iii. Guarantee that adequate reparation is provided to Mr. Li Jianqiang, as a victim of this abuse;
iv. Put an end to any kind of act of harassment and threats against all human rights defenders in the country;
v. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, its above-mentioned Article 11 and its Article 12.2, which states that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
vi. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by the People’s Republic of China.
Addresses:
– President Hu Jintao, People’s Republic of China, c/o Embassy of the People’s Republic of China; 2300 Connecticut Ave., NW, Washington, D.C., 20008, USA, Fax: +01 202 588-0032;
– Minister of Justice of the People’s Republic of China (Buzhang Sifabu), Wu Aiying, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 6529 2345
– Minister of Foreign Affairs of the People’s Republic of China (Buzhang Waijiaobu), Li Zhaoxing, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic of China, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn;
– Ambassador Sha Zukang, Permanent Mission of the People’s Republic of China, Chemin de Surville 11, Case postale 85, 1213 Petit-Lancy 2, Geneva, Switzerland, Fax: +41 22 7937014, E-mail: mission.china@ties.itu.int;
– Embassy of the People’s Republic of China in Brussels, Avenue de Tervuren, 463 1160 Auderghem, Belgium, Tel: + 32 2 663 30 10 / + 32 2 663 30 17 / +32 2 771 14 97 / +32 2 779 43 33; Fax: +32 2 762 99 66 / +32 2 779 28 95; Email: chinaemb_be@mfa.gov.cn.
Please also write to the diplomatic representations of the People’s Republic of China in your respective countries.
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Geneva-Paris, August 3, 2007
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.