Essential Spirit

A blog about Buddhism and Buddhadharma, Human Rights, Tibetan Freedom, and a Sprinking of Politics

For the Record: Detailing China’s Abuses

Filed Under Human Rights, China | Posted on April 11, 2008

The following is just a few highlights from recent State Department documents.

U.S. Department of State
Background Note: China

Bureau of East Asian and Pacific Affairs
April 2008

The China country reports in the State Department’s 2007 Human Rights Practices and International Religious Freedom Reports noted China’s well-documented and continuing abuses of human rights in violation of internationally recognized norms, stemming both from the authorities’ intolerance of dissent and the inadequacy of legal safeguards for basic freedoms. Reported abuses have included arbitrary and lengthy incommunicado detention, forced confessions, torture, and mistreatment of prisoners as well as severe restrictions on freedom of speech, the press, assembly, association, religion, privacy, worker rights, and coercive birth limitation. In 2006, China continued the monitoring, harassment, intimidation, and arrest of journalists, Internet writers, defense lawyers, religious activists, and political dissidents. The activities of non-governmental organizations (NGOs), especially those relating to the rule of law and expansion of judicial review, continue to be restricted. The Chinese Government recognizes five official religions–Buddhism, Islam, Taoism, Catholicism, and Protestantism–and seeks to regulate religious groups and worship. Religious believers who seek to practice their faith outside of state-controlled religious venues and unregistered religious groups and spiritual movements are subject to intimidation, harassment, and detention. In 2006, the Secretary of State again designated China as a “Country of Particular Concern” under the International Religious Freedom Act for particularly severe violations of religious freedom.

U.S. Department of State
China (includes Tibet, Hong Kong, and Macau)
Country Reports on Human Rights Practices - 2007

Released by the Bureau of Democracy, Human Rights, and Labor
March 11, 2008

Arbitrary or Unlawful Deprivation of Life

During the year the government and its agents reportedly committed arbitrary or unlawful killings. Trials involving capital offenses sometimes took place under circumstances involving severe lack of due process and with no meaningful appeal. Some executions took place on the day of conviction or failed appeal.

Disappearance

Human rights defender Gao Zhisheng, who was detained and questioned several times over the past two years, was last seen September 22 in the presence of municipal security officials at his Beijing home. In September a group of 21 farmers reportedly disappeared in Beijing after traveling from Chengdu to petition the government in a land compensation case. Tibetan Web master Tsewangnorbu has been missing since Gansu province security authorities shut down his Web site in 2005. At year’s end the government still had not provided a comprehensive, credible accounting of all those killed, missing, or detained in connection with the violent suppression of the 1989 Tiananmen demonstrations.

The whereabouts of the Panchen Lama, Tibetan Buddhism’s second most prominent figure after the Dalai Lama, and his family remained unknown. Government officials continued to claim he was under government supervision at an undisclosed location.

Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

In November 2006 the Supreme People’s Procuratorate (SPP) Deputy Secretary Wang Zhenchuan acknowledged that illegal interrogation by “atrocious torture” existed in local judicial practice throughout China. In addition there continued to be frequent reports that police and other elements of the security apparatus employed widespread torture and degrading treatment when dealing with some detainees and prisoners. During the year there were reports that officials used electric shocks, beatings, shackles, and other forms of abuse.

In March 2006 UN Special Rapporteur Nowak reported that beatings with fists, sticks, and electric batons continued to be the most common forms of torture. He also found that prisoners continued to suffer cigarette burns, prolonged periods of solitary confinement, and submersion in water or sewage, and that they were made to hold extreme positions for long periods, were denied medical treatment, and were forced to do hard labor. Sexual and physical abuse and extortion occurred in some detention centers.

In early September authorities detained seven ethnic Tibetan school children ages 14 and 15 in the Gannan Tibetan Autonomous Prefecture (TAP) of Gansu Province for allegedly writing slogans on public buildings calling for the return of the Dalai Lama. The children were held until fines were paid. According to reports, during their incarceration they were severely beaten and subjected to electric shocks. One child was released to a hospital for treatment after sustaining serious injuries believed to be the result of beatings.

On October 18, PAP border guards reportedly fired on a group of 46 Tibetans attempting to enter Nepal at the Nangpa La pass. Three Tibetans reportedly were arrested and nine were missing; the remainder reached Nepal.

The security apparatus employed torture and degrading treatment in dealing with some detainees and prisoners. Tibetans repatriated from Nepal reportedly continued to suffer torture and other abuse in detention centers, including electric shocks, exposure to cold, and severe beatings, and were forced to perform heavy physical labor.

Arbitrary Arrest or Detention

Arbitrary arrest and detention remained serious problems. Police continued the practice of placing under surveillance, harassing, and detaining citizens around politically sensitive events. Authorities in the XUAR used house arrest and other forms of arbitrary detention against those accused of the “three evils” of extremism, “splittism,” and terrorism.

Denial of Fair Public Trial

Corruption often influenced judicial decision making, and safeguards against corruption were vague and poorly enforced.

Through the monitoring of publicly available records and reports, Amnesty International estimated that in 2006 at least 1,770 persons were executed, although the true figure was believed to be much higher. Other sources estimated that between 7,500 and 8,000 persons were executed in 2006

Tens of thousands of political prisoners remained incarcerated, some in prisons and others in reeducation-through-labor camps or administrative detention. The government did not grant international humanitarian organizations access to political prisoners.

Arbitrary Interference with Privacy, Family, Home, or Correspondence

During the year authorities monitored telephone conversations, facsimile transmissions, e-mail, text messaging, and Internet communications. Authorities also opened and censored domestic and international mail. The security services routinely monitored and entered residences and offices to gain access to computers, telephones, and fax machines. All major hotels had a sizable internal security presence, and hotel guestrooms were sometimes bugged and searched for sensitive or proprietary materials.

The government restricted the rights of parents to choose the number of children they will have and the period of time between births.

There continued to be sporadic reports of violations of citizens’ rights by local officials attempting to reduce the number of births in their region. The most egregious reports of mass violations occurred in April and May in Guangxi Province, where authorities forced dozens of pregnant women to undergo abortions at a hospital in Baise City, some as late as nine months.

Freedom of Speech and Press

The law provides for freedom of speech and of the press, although the government generally did not respect these rights in practice. Journalists who reported on topics that met with the government’s or local authorities’ disapproval continued to suffer harassment, detention, and imprisonment

In the lead-up to the 17th Communist Party Congress in October, Internet regulators reportedly ordered the country’s leading search engine operators, including Google, Baidu, Yahoo, Sina, and Sogou, to delete all “harmful information.” Restrictions aimed at increasing government control over the Internet included stricter Web site registration requirements, enhanced official control of online content, and an expanded definition of illegal online content.

The government consistently blocked access to sites it deemed controversial, such as sites discussing Taiwan and Tibetan independence, underground religious and spiritual organizations, democracy activists, and the 1989 Tiananmen massacre. The government also at times blocked access to selected sites operated by major foreign news outlets, health organizations, foreign governments, and educational institutions.

The government did not respect academic freedom and increased controls on political and social discourse at colleges, universities, and research institutes. Scholars and researchers reported varying degrees of control regarding issues they could examine and conclusions they could draw.

The Chinese government continued to jam Voice of America’s and RFA’s Tibetan- and Chinese-language services and the Oslo-based Voice of Tibet. Some Tibetans reported that at times they were able to receive such broadcasts; however, research indicated that listenership was down because of the jamming.

The government severely restricted travel by foreign journalists to Tibetan areas of China.

Freedom of Peaceful Assembly and Association

The law provides for freedom of peaceful assembly; however, the government severely restricted this right in practice. The law stipulates that such activities may not challenge “party leadership” or infringe upon the “interests of the state.” Demonstrations with political or social themes were broken up quickly, sometimes with excessive force.

The law provides for freedom of association, but the government restricted this right in practice. CCP policy and government regulations require that all professional, social, and economic organizations officially register with, and be approved by, the government. In practice these regulations prevented the formation of truly autonomous political, human rights, religious, spiritual, labor, and other organizations that might challenge government authority.

Freedom of Religion

Severe crackdowns against unregistered Protestants and Catholics, Muslims, and Tibetan Buddhists continued, and the government increased its control over some peaceful religious practices. The level of repression of religious freedom in Tibetan areas increased, and there was some tightening of official control over religious freedom in the XUAR. The government also continued its severe repression of groups that it determined to be “cults,” targeting the Falun Gong spiritual movement in particular.

Buddhists made up the largest body of organized religious believers. The traditional practice of Buddhism continued to expand among citizens in many parts of the country. However, the government created an increasingly repressive environment for the practice of Tibetan Buddhists.

Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for some of these rights; however, the government generally did not respect them in practice.

Discrimination, Societal Abuse, and Trafficking in Persons

The law prohibits the use of physical coercion to compel persons to submit to abortion or sterilization. However, intense pressure to meet birth limitation targets set by government regulations resulted in instances of local birth-planning officials using physical coercion to meet government goals. Such laws and practices required the use of birth control methods (particularly IUDs and female sterilization, which according to government statistics, accounted for more than 80 percent of birth control methods employed) and the abortion of certain pregnancies.

Although prostitution is illegal, experts estimated that there were between 1.7 and five million women involved in prostitution in the country. The commercialization of sex and related trafficking in women trapped tens of thousands of women in a cycle of crime and exploitation and left them vulnerable to disease and abuse.

Although the government made some efforts to crack down on the sex trade, media reports claimed that some local officials were complicit in prostitution, owned prostitution venues, or received proceeds from such businesses. Prostitution involved organized crime groups and businesspersons as well as the police and the military.

Female infanticide, sex-selective abortions, and the abandonment and neglect of baby girls remained problems due to the traditional preference for sons and the coercive birth limitation policy.

The country was both a source and destination for trafficking in persons. Most trafficking was internal for the purposes of sexual exploitation, forced labor, and forced marriage. Some cases involved trafficking of women and girls into forced prostitution in urban areas, and some reports suggested that certain victims, especially children, were sold into forced labor.

Forced or Compulsory Labor

Forced labor remained a serious problem in penal institutions. Many prisoners and detainees in reeducation-through-labor facilities were required to work, often with no remuneration. There is no effective mechanism to prevent the export of goods made under such conditions.

It remained common for employers to withhold several months’ wages, or to require unskilled workers to deposit several months’ wages, as security against the workers departing early from their labor contracts.

Protection of Tibetan Cultural Heritage

Rapid economic growth, the expanding tourism industry, the resettlement of nomads, and the introduction of more modern cultural influences have disrupted traditional living patterns and customs and threatened traditional Tibetan cultural. Residents lacked the right to play a role in protecting their cultural heritage.

U.S. Department of State
China (includes Tibet, Hong Kong, and Macau)
International Religious Freedom Report 2007

Released by the Bureau of Democracy, Human Rights, and Labor

During the period covered by this report, the Government’s respect for freedom of religion remained poor, especially for religious groups and spiritual movements that are not registered with the Government. The Government expelled several foreign citizens on charges of conducting “illegal religious activities” by proselytizing in the spring of 2007. According to nongovernmental organizations (NGOs), religious organizations, and house church groups, over one hundred were expelled. The Government also questioned house church leaders about connections with foreigners and plans to disrupt the Olympics. Some of these groups alleged that these incidents were part of a coordinated government campaign to repress religious expression. The Government also continued to emphasize the role of religion in building a “Harmonious Society,” which was a positive development with regard to the Government’s respect for religious freedom.

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