I-Freedom of Expression, Association, Assembly and Information:
The individual cases raised below, while not intended to be a complete list, evidence a pattern of systematic repression political dissidents, cyber-activists, protesters against forced-relocation schemes, labour activists and independent religious movements. We note with concern that lawyers who represent these individuals and groups are also increasingly being targeted by the authorities.
a)Political Activists:
The FIDH and HRIC welcome the individual releases of political prisoners such as Kang Yuchun in October 2003, more than five years before his original anticipated release date. However, the crackdown on independent political movements and human rights activists continues. Furthermore, other political dissidents released, such as Fang Jue in January, 2003, are exiled out of the country which is not an indication of domestic human rights progress.
Zhu Yufu (serving a seven years sentence), Mao Qingxiang (serving an eight year sentence), and Qin Yongmin (serving a twelve years sentence), key members of the China Democracy Party are in prison since 1998. Their appeals were denied in mid-December, 2003.
Hu Shigen was detained in 1992 and sentenced to 20 years in prison in 1994 because of his involvement with the Chinese Progressive Alliance and the Chinese Freedom and Democracy Movement.
Some dissidents arrested in connection with the open letter to the 16th Party Congress in November 2002 are still in prison; including Zhao Changqing (sentenced on August 4, 2003 to five years prison), Jiang Lijun (see cyber-activists below), Han Lifa (secretly detained since December 2002), Dai Xuezhong (imprisoned in 1999 and sentenced to three years of reeducation through labour), Sang Jiancheng (still awaiting trial) and He Depu (sentenced to eight years in prison on October 14, 2003).
b)Cyber-dissidents:
Cyber-dissidents include any activist who uses the Internet to promote human rights, democracy and the Rule of Law and publish articles that criticise the policy of the Chinese government.
Most cyber dissidents arrested serve prison sentences for ‘incitement to subverting state power,’ ‘leaking state secrets overseas,’ ‘endangering state security,’ and ‘illegal publishing’ in violation of the rights to freedom of expression and information.
The FIDH and HRIC welcome the release, on 28 November 2003, of Li Yibin, publisher of the online magazine "Democracy and Freedom", as well as the release on bail of Liu Di, known by her Internet pen name as "the Stainless Steel Mouse," both detained since November 2002. However, Du Daobin and Luo Changfu, who had organised a campaign in favour of Liu Di’s release were arrested in October 2003. Luo Changfu reportedly received a three-year prison sentence in November 2003. In addition, on November 28, 2003 Jiang Lijun, who had posted pro-democracy views on the Internet, was sentenced to four years prison for "incitement to subvert state power".
Other cyber-dissidents currently detained notably include : Ouyang Yi (arrested since December 2002, the Court has not rendered a decision yet), Yan Jun (arraigned in secret on October 24, 2003 on charges of ’incitement to subvert state power,’ ; still awaiting sentencing), Li Zhi (detained since August 8, 2003, facing up to 15 years in prison), Jin Haike and Xu Wei (detained since March 2001, both were sentenced to ten years prison in October 2003, Zhang Honghai and Yang Zili (sentenced to eight years prison each in October 2003, Huang Qi (in detention since June 2000 and serving a five years prison sentence), Tao Haidong (detained since July 2002, sentenced to seven years on January 8, 2003) and Luo Yongzhong (detained since June 14, 2003 and sentenced to three years prison on October 14, 2003).
c)Labour activists:
While China ratified the ICESCR in 2001, it made a reservation regarding article 8.1a which guarantees the right to form and join trade unions. All trade unions are currently under the control of the Party, therefore leaving no room for independent action. Labour activists trying to establish independent labour unions are repressed. Zhang Shanguang has been repeatedly arrested and sentenced to lengthy prison terms for his efforts to establish an independent labour union. He was sentenced to ten-years prison in 1998.
The economic reforms China have led to massive lay off and closure of state enterprises and consequently to large scale social protests. In that regard, the FIDH and HRIC are particularly concerned with the situation of Yao Fuxin and Xiao Yunliang, both arrested during the workers’ demonstrations of March 2002 in Liaoning Province. We are extremely concerned about the deterioration of their health especially since their transfer to Lingyuan Prison, notorious for its brutal conditions.
d) Lawyers:
Lawyers taking on cases that are politically sensitive are regularly repressed. According to the officials at the All China lawyers Association, more than 100 defense attorneys have been arrested on the alleged charge of making false statements in court. The FIDH and HRIC are also particularly concerned about the use of political charges to intimidate lawyers who represent workers or individuals in forced relocation projects.
Xu Jian was arrested in 1999 and sentenced to four years imprisonment in 2000 for ’incitement to overthrow state power’ because he had provided legal counselling to the workers at his office and via its hotline. Zheng Enchong provided legal advice and assistance to several hundred Shanghai families affected by redevelopment projects. He was sentenced to three years in prison on October 28, 2003 for ’illegally providing state secrets to entities outside China.’ On December 18, 2003, the appeals court denied Zheng Enchong’s appeal and affirmed the sentence, sending a chilling message to Chinese lawyers.
II-Religious Freedom and Ethnic Minorities:
a)Freedom of Religion
Only religions under the control of the state are allowed. Independent religious groups, such as Christian house churches, and leaders of more influential underground religious groups are subjected to ongoing suppression, arrest, and other forms of persecution, in violation of the Chinese Constitutional right to freedom of religion. HRIC has documented at least 299 individuals imprisoned for their religious beliefs and practices. China Rights Forum, Winter, 2003, http://hrichina.org
Liu Fenggang, a religious activist, was accused of ’revealing state secrets’ and was detained on October 13, 2003 in Hangzhou. Liu Fenggang had only travelled from Beijing to Hangzhou to investigate the demolition of a house used by an underground church.
Xu Guoxing, an underground Church leader in Shanghai, was arrested on December 8, 2002 and sentenced to 18 months of Reeducation Through Labour.
As part of the crackdown campaign for the National Day (October 1, 2003), religious activists, Hua Huiqi and Xu Yonghai, active in the Beijing’s house church movement were arrested, detained and put under house arrest.
Since July 1999, the Chinese government has banned the movement and has launched a brutal campaign against Falun Gong practitioners. According to the Falun Gong themselves, incomplete statistics show that within the past three years beginning on July 20, 1999, more than 840 practitioners would have been verified as being tortured to death in over 30 provinces, autonomous regions and municipalities1. Liu Chengjun, serving 19 years prison sentence for his part in the 2002 Falungong protest action, died on December 26, 2003. Despite eyewitness reports of torture, Liu was cremated on the same day without an autopsy.
b)Minorities
In Xinjiang, the ruthless campaign against the Muslim community of the Xinjiang Uighur Autonomous Region has been tightened under the guise of fighting against terrorism. The current "100 Days Strike Hard" campaign against the interrelated tripartite threats of so-called illegal religious activities, ethnic separatism and violent terrorism launched in October 2003 is part of an ongoing strategy to establish control over the region’s ethnic Uighur population. The political nature/undertones, harsh penalties, and routine violations of due process and criminal procedural rights associated demonstrate how the authorities in Xinjiang deliberately seek to enforce their policies for this region through intimidation and fear.
Basic rights of the Tibetan people are still widely violated in Tibet. Nuns, Buddhist monks and any person active in promoting Tibetan culture and religion are arrested and imprisoned on politically-related charges.
Recommendations:
The FIDH and HRIC call the CHR to adopt a resolution on the human rights situation in the PRC. That resolution should call upon the PRC Government to:
– implement promptly the recommendations made by UN treaty bodies and thematic mechanisms.
– release immediately and unconditionally all prisoners of opinion and conscience ;
– fully respect the right to freedom of religion;
– promptly ratify the ICCPR without any reservation, and withdraw its reservation to art. 8.1 (a) of the ICESCR;
– cooperate fully with the UN human rights monitoring mechanisms, and in particular, agree without any further delay to the Terms of Reference of the Special Rapporteur on Torture, and issue an invitation to the Special Rapporteur on Religious Intolerance.