US-China Relations (3rd Ed)

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US-China Relations (3rd Ed) Page 44

by Robert G Sutter


  noted anticipated result of closer engagement with China was a hoped-for,

  gradual political liberalization in China going along with China’s greater

  involvement in world affairs. The actual result was increasingly seen as a

  much stronger Chinese government more capable of societal and economic

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  management and control that effectively squelched signs of dissent or other

  liberalization. 21

  CONTEMPORARY HUMAN RIGHTS PRACTICES AND ISSUES

  Early in the twenty-first century, the Chinese government and party leader

  Hu Jintao (2002–12) continued efforts to deal with public grievances and

  domestic and foreign calls for redress and reform while suppressing activists

  who attempted to organize mass protests or create organizations at odds with

  CCP rule. The results were some improvements in human rights along with

  continued serious abuses. On the one hand, China’s developing legal system

  still featured corruption and political interference, but it also provided activists in China with tools with which to promote human rights. Although

  generally supportive of the status quo, the urban middle class showed in-

  creased willingness to engage in narrowly targeted protests against local

  government policies. Their activism added to more widespread social unrest

  among wage laborers and rural residents demonstrating against local govern-

  ment policies and practices and other conditions. Despite a massive effort by

  the Chinese authorities to control and censor information available to the

  public, the Internet and other communications technologies made it more

  difficult for the government to clamp down on information as fully as before.

  On the other hand, the human rights abuses by Chinese authorities included

  unlawful killings by security forces, torture, unlawful detention, the exces-

  sive use of state security laws to imprison political dissidents, coercive fami-ly planning policies and practices, state control of information, and religious and ethnic persecution. Tibetan, ethnic Uighur Muslims, and Falun Gong

  adherents were singled out for especially harsh treatment. 22

  The US government duly acknowledged Chinese advances and shortcom-

  ings, notably in a series of congressionally supported official reports includ-

  ing the State Department’s annual report on human rights conditions in world

  countries. US government efforts to promote human rights in China included

  formal criticism of the Chinese government’s policies and practices, official

  bilateral dialogues, public diplomacy, congressionally sponsored legislation,

  hearings, visits, and research. The US government also provided funding for

  rule of law, civil society development, participatory government, labor

  rights, preserving Tibetan culture, Internet access, and other related programs in China. The US government attention to human rights conditions in China

  was backed by more wide-ranging media coverage of human rights condi-

  tions in China and issues in US-China relations and by reports and other

  publicity from prominent nongovernment groups and individuals in the Unit-

  ed States with a strong interest in promoting advancement of human rights

  conditions in China. 23

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  American activism and pressure on China regarding human rights issues

  were tempered by an ongoing debate on whether human rights conditions in

  China were improving or not. On the negative side were US media, congres-

  sional, and other commentators who highlighted evidence of increasing Chi-

  nese legal restrictions on freedoms and cases of political and religious perse-

  cution. The annual State Department reports on human rights conditions in

  China were said by some to register no major or overall improvements. On

  the positive side were those who emphasized the expansion of economic and

  social freedoms in people’s lives. 24

  Further complicating the debate were the efforts of the Chinese govern-

  ment to become more populist, accountable, and law-based, while rejecting

  Western democracy and more far-reaching political reforms. Party leader and

  President Hu Jintao and other senior officials showed sympathy with seg-

  ments of the population who were left behind in the Chinese economic ad-

  vance. The central leadership also acknowledged human rights as a concern

  of the state, continued to develop legal institutions, and implemented limited

  institutional restraints on the exercise of state power. These steps forward

  came amid continuing administrative practices that retained a large degree of

  arbitrary power for the ruling authorities. 25

  Indeed, the American debate about human rights conditions in China

  mirrored a debate among Chinese authorities on where to strike the balance

  between efforts to improve governance and reduce sources of social and

  political instability through anticorruption campaigns, and the implementa-

  tion of political reforms and efforts to check mass pressures for greater

  change. Some Chinese leaders expressed fears that China’s small but grow-

  ing civil society, combined with foreign government and nongovernment

  assistance for advocacy groups in China, could bring about a “color revolu-

  tion” in China. With this kind of fear in mind and with continuing determina-

  tion to sustain and support CCP rule in China, the Chinese authorities en-

  acted legislation aimed at preventing human rights abuses, but without pro-

  tecting the activities of human rights activists who were subject to apparently arbitrary arrest and detention; it tolerated protests against official policies, but arrested protest leaders and organizers; public discourse on a wide variety of topics became routine, but politically sensitive issues remained off-limits. 26

  Getting the right balance of flexibility and coercion seemed especially

  important as increasing economic and social changes fostered tensions along

  with growing rights consciousness and social activism. Many efforts by citi-

  zens to express grievances and demand redress, having been met by govern-

  ment inaction or opposition, erupted into large-scale public protests. 27

  The mixed picture of positives and negatives in Chinese human rights

  policies and behavior was well illustrated in the annual State Department

  reports on conditions in China, which tended to focus on infractions and

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  other negative developments, and assessments by Chinese and foreign spe-

  cialists highlighting various positive Chinese reforms and advances. Thus,

  the State Department reports in this period noted episodes of unlawful or

  politically motivated killings, including people who died in detention be-

  cause of torture. Torture seemed to be used commonly against Falun Gong

  adherents, Tibetans, Uighur Muslims, and other prisoners of conscience as

  well as criminal suspects. The Re-Education through Labor system, in which

  individuals were held in administrative detention for antisocial activity, without formal charges or trial, for a period up to four years, remained a central

  feature of social and political control in China. Unlawful detention and house

  arrest remained widespread, particularly agai
nst human rights activists, law-

  yers, and journalists sympathetic to their cause, and leaders of unofficial

  Christian churches. Thousands of persons were viewed by the State Depart-

  ment as political prisoners, serving jail time for “endangering state security”

  or the former political crime of “counterrevolution.” China’s “one-child poli-

  cy” continued with fewer reports of occurrences that were more common in

  earlier decades28 of coercive abortions, forced sterilization, and other unlawful government actions against individuals.

  This list of infractions and violations of human rights from the perspec-

  tive of the American government was balanced by positive developments

  assisting greater freedom and helping ensure human rights. NGOs were often

  encouraged by the authorities to remain active in order to improve govern-

  ance and to allow people to give vent to their frustrations in ways that do not directly oppose one-party rule. Some representatives from these organizations and others outside the CCP-controlled system became more involved in

  advising with regard to government policies and behavior on a variety of

  topics. Media freedom was expanded in order to target corruption and other

  abuses of power. Freedom of worship within the range of government-ap-

  proved religious organizations and churches remained strong; freedom of

  movement was enhanced by government policies that tried to accommodate

  the more than 10 percent of Chinese citizens who left their rural homesteads

  to pursue opportunities in the wealthier urban areas. 29

  The purpose and scope of NGOs grew substantially in this period. At this

  time early in the twenty-first century. there are more than three hundred

  thousand registered NGOs in China and more than one million in total,

  including more than two hundred international organizations. Environmental

  groups were at the forefront of NGO development in China. Other areas of

  NGO activity included poverty alleviation, rural development, public health,

  education, and legal aid. The Chinese government from time to time tight-

  ened restrictions on NGOs and voiced opposition to foreign support for

  groups pushing reforms not favored by the Chinese authorities, but the over-

  all scope and activism of the NGOs continued to grow. 30

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  Another area of positive development was the human rights legislation

  and reforms enacted by the Chinese government. In 2006 the government

  enacted prohibitions of specific acts of torture and requirements that interro-

  gations of suspects of major crimes be recorded. Use of the death penalty,

  still egregiously high by international standards, declined markedly under

  instituted review by the Supreme People’s Court. A new Labor Contract Law

  went into effect in 2008, prompting increases in dispute arbitration cases and

  lawsuits over wages and benefits. Farmers were provided with new measures

  in 2008 that allowed them more easily to lease, transfer, and sell rights to

  property allocated to them by the state. Government measures took effect in

  2008 to require government institutions, especially local government admin-

  istrations seen as more prone to corruption than other government bodies, to

  reveal financial accounts related to land seizures in rural areas. Responding

  to international criticism of organ transplants for profit from executed prisoners, the government enacted new regulations stipulating that the donation of

  organs for transplant must be free and voluntary. 31

  The advent of party and government leader Xi Jinping (2012– ) has seen

  much greater emphasis on Communist Party control and the dangers posed

  by liberalizing forces inside China that are supported from abroad. There has

  been particularly strong concern over the activities of NGOs potentially chal-

  lenging authoritarian rule. There has been a resurgence of official state-

  sponsored Chinese propaganda focused on the United States and other so-

  called hostile foreign forces as threats to China’s stability and well-being.

  Domestically, the overall message fosters public suspicion of the United

  States and of individuals and NGOs in China with ties to the United States,

  Japan, or others associated with Western values. Meanwhile, China’s impres-

  sive, well-financed and broad-ranging public diplomacy and propaganda ef-

  forts abroad feature media distortions, censorship, and defamation of demo-

  cratic values. When combined with stepped-up Chinese pressure tactics and

  control efforts targeted against individuals and organizations abroad that are

  seen as adverse by the CCP regime, the result is a more serious challenge to

  American-supported values and norms. 32

  When Xi Jinping became general secretary of the CCP in 2012, he began

  carrying out a crackdown on dissent and activism that surprised many ob-

  servers for its scope and severity; it included the detentions and arrests of

  hundreds of government critics, human rights lawyers, well-known bloggers,

  investigative journalists, outspoken academics, civil society leaders, and eth-

  nic minorities. Indictments for state security crimes, which often are political in nature, rose in 2013 to 1,384 cases, the highest level since the Tibetan

  unrest of 2008. The government imposed growing restrictions on Chinese

  microblogging and mobile text services, which have become important

  sources of news for many Chinese people and platforms for public opinion.

  The Chinese government passed or considered new laws that

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  • strengthened the role of the state security apparatus in overseeing a wide

  range of social activities, including those of foreign NGOs

  • placed additional restrictions on defense lawyers

  • authorized greater governmental controls over the Internet 33

  Summarizing adverse conditions in 2016, the State Department disclosed

  in its annual human rights report that severe repression and coercion was

  targeted against organizations and individuals involved in civil and political

  rights advocacy; and such severe repression also was targeted against organ-

  izations and individuals involved with public interest and ethnic minority

  issues. Past hopes that free elections would spread from use in the very

  lowest levels of governance were thwarted. Citizens did not have the right to

  choose their government. Authorities prevented independent candidates from

  running in elections, even on such low levels as selecting delegates to local

  people’s congresses. Citizens had limited forms of redress against official

  abuse. Other serious human rights abuses included arbitrary or unlawful

  deprivation of life; executions without due process; illegal detentions at unofficial holding facilities known as “black jails”; torture and coerced confes-

  sions of prisoners; and detention and harassment of journalists, lawyers,

  writers, bloggers, dissidents, petitioners, and others whose actions the authorities deemed unacceptable. There was also a lack of due process in judicial

  proceedings; political control of courts and judges; closed trials; the use of

  administrative detention; failure to protect refugees and asylum seekers; ex-

  trajudicial disappearances of citizens; r
estrictions on NGOs; and discrimina-

  tion against women, minorities, and persons with disabilities. The govern-

  ment imposed a coercive birth-limitation policy that, despite lifting one-

  child-per-family restrictions, denied women the right to decide the number of

  their children and in some cases resulted in forced abortions (sometimes at

  advanced stages of pregnancy). On the work front, severe labor restrictions

  continued. 34

  Human Rights Issues

  A wide range of human rights issues continue to prompt critical attention

  from American officials in the Congress and the executive branch of govern-

  ment as well as American media, human rights groups, and other groups and

  individuals with an interest. Some issues—like the status of student demon-

  strators and others arrested during the Tiananmen crackdown and those suf-

  fering as a result of widespread abuses in China’s family planning regime—

  have subsided with the passage of time and changed circumstances. Others,

  like the human rights conditions in Tibet and among Uighur Muslims in

  China’s restive Xinjiang region, have become more salient as a result of

  violence in both Tibet and Xinjiang in recent years. Still others, like the

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  status and prospects of pro-democracy advocates in Hong Kong, have waned

  and then revived as a result of changing circumstances in Hong Kong. Mean-

  while, China’s increasingly strong and assertive efforts abroad to manipulate

  opinion and squelch dissent and opposition to the Communist government

  and its policies and practices have raised a new set of recently prominent

  human rights concerns. 35

  Persecution of Political Dissent

  China’s state security law is used liberally and often arbitrarily against political dissidents. In May 2013 the CCP issued a classified directive (Document

  No. 9) identifying seven “false ideological trends, positions, and activities,”

  largely aimed at the media and liberal academics. According to the docu-

  ment, topics to be avoided in public discussion include universal values,

  constitutional democracy, freedom of the press, civil society, civil rights, an independent judiciary, and criticism of the CCP. Universities have been

 

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