The Congressional-Executive Commission on China was created by Congress in October 2000 with the legislative mandate to monitor human rights and the development of the rule of law in China, and to submit an annual report to the President and the Congress. The Commission consists of nine Senators, nine Members of the House of Representatives, and five senior Administration officials appointed by the President. The current (111th Congress) Chairman is Senator Byron L. Dorgan (D-ND) and the Cochairman is Representative Sander M. Levin (D-MI).
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Government Advances Civil Society-Related Reforms in Shenzhen
The Ministry of Civil Affairs and the southern city of Shenzhen signed an agreement in July 2009 that provides for certain reforms to the local administration of civil affairs. Among other reforms, the agreement calls for the development of community-based social organizations and the establishment of a regulatory system for charities.
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China Revises 2004 Auto Policy
In 2009, the Chinese government issued two important documents concerning China's policy on development of the auto industry, one of which was a revision to the 2004 Automotive Industry Development Policy. The revised policy, which the Chinese government issued in August 2009, and which came into effect in September, is discussed below. China was required to revise the 2004 Policy in order to comply with the judgment against China at the World Trade Organization (WTO) concerning import tariffs on auto parts.
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China Issues Auto Stimulus Program to Boost the Auto Sector
In 2009, the Chinese government issued two important documents concerning China's policy on development of the auto industry. The first, the Program for the Adjustment and Rejuvenation of the Auto Industry, was issued in March and is discussed below. The second, issued in August and effective in September, was a revision to the 2004 Automotive Industry Development Policy, and is discussed in the accompanying CECC analysis, "China Revises 2004 Auto Policy."
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Government Issues Procedures on Tax Deductions for Donations to NGOs
Since 2007, the Chinese government has issued new procedures for NGOs seeking eligibility to receive tax-deductible donations. Existing regulations require NGOs to register with the government. The new procedures do not alter that requirement, but provide clearer guidance on how some types of NGOs registered with the government ("public welfare" foundations and social organizations) may become eligible to receive tax-deductible donations. At the same time, the number of NGOs meeting the eligibility requirements remains low, potentially limiting the impact of the new procedures
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WTO Rules Against Chinese Trade Restrictions on Books, DVDs, Music, and Films
A World Trade Organization (WTO) expert panel (Panel), in a report dated August 12, 2009, found that certain Chinese regulations that restrict foreign companies and Chinese-foreign joint ventures from importing or distributing products such as books, DVDs, and music, as well as from importing films for theatrical release, violate China's international trade obligations. The Panel also found that certain Chinese regulations discriminate against publications imported into China to the benefit of publications produced in that country, which is contrary to China's WTO obligations.
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All-China Women's Federation Proposes, Highlights Need for Draft Anti-Domestic Violence Legislation
The All-China Women's Federation announced in November 2009 a proposal for national anti-domestic violence legislation and called for the draft legislation to be included on the National People's Congress legislative agenda. China currently does not have specific anti-domestic violence legislation in place at the national level, leaving unclear both the definition of domestic violence and the responsibilities of various government departments and social organizations in preventing and curbing domestic violence. Treatment of domestic violence cases, therefore, varies by locality and by government entity.
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Number of Trials for State Security Crimes in Xinjiang Increases in 2009
The number of trials involving crimes of endangering state security increased in 2009 in the far western region of Xinjiang. Such crimes can carry harsh criminal sentences and have been used across China to punish peaceful activism and dissent. The figures from Xinjiang come from a year marked by unrest in the region, but none of the trials that took place in October and December 2009 that were connected to the suppressed demonstration and rioting in July has involved crimes of endangering state security. In recent months, Xinjiang authorities have reported taking steps to increase security in the region, targeting acts including those alleged to be state security crimes.
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Chinese Media Reports on Continued Demolition in Kashgar, Resettlement Numbers Vary
Authorities in the far western region of Xinjiang have continued steps to demolish and "reconstruct" the Old City section of Kashgar and relocate residents, according to reports from Chinese media. At the same time, however, one article from overseas media reported that work on the project has stalled. Officials also launched a three-month project in October 2009 to survey cultural heritage in the Old City, almost a year after authorities first started the demolition project.
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Chinese Official Calls Chinese Internet "Open" in Response to Google Issue
Google announced in mid-January 2010 that it would no longer censor its Chinese search engine. In response, the Chinese government said that Google must comply with Chinese laws and that the Internet in China is "open." Chinese censorship of the Internet, which prevents its citizens from accessing political and religious information that the Chinese government and Communist Party deem too sensitive for public consumption, violates international standards for free expression. The Google case also has raised the question whether Internet censorship in China constitutes trade protectionism
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Trials Continue in Xinjiang, Press Reportedly Warned Against Independent Reporting
A court in the far western region of Xinjiang handed down the death penalty to 10 people—5 with a two-year reprieve—and sentenced 12 others to prison terms in late December after finding them guilty of committing crimes during unrest in Xinjiang in July. The court reportedly gave one-day notice of some of the trials, in violation of Chinese law, and warned journalists who attended the trials not to report extensively on the event. The same court tried 13 more people in late January, sentencing 5 to death—1 with a two-year reprieve—and others to prison terms.
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Chinese Courts Use "Secrets" Law To Sentence Tibetan Online Authors to Imprisonment
Following the wave of mostly peaceful Tibetan protests that began in March 2008 in the Tibetan autonomous areas of China, Chinese authorities have taken measures to prevent Tibetans from providing information to other Tibetans about the protests, the suppression of the protests by security forces, and the government's continuing crackdown in Tibetan areas. Security and judicial officials sometimes use vaguely worded laws on "state secrets" to punish attempts to share such information. In what appear to be separate cases, a court in Gansu province sentenced two Tibetan men on November 12, 2009, to prison terms of 15 and 5 years for allegedly violating laws prohibiting the disclosure of "state secrets."
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Liu Xiaobo Appeals Sentence; Official Abuses Mar Case From Outset
Prominent intellectual Liu Xiaobo submitted an appeal of his 11-year sentence to the Beijing High People's Court on December 29, 2009. The court will have until mid-February to make its decision, although a ruling could come at any time. As detailed below, Liu was sentenced on Christmas Day 2009 for his peaceful use of the Internet to advocate for political reforms and human rights. Liu argued in his appeal that he was exercising his constitutional right to free speech and that the court should have credited his more than six months under "residential surveillance" toward his time served.
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Jiangsu Court Affirms 10-Year Sentence of Guo Quan for Organizing Political Party Online
In December 2009, the Jiangsu Provincial High People's Court affirmed a lower court's 10-year sentence of former professor and past member of the state-approved China Democratic League, Guo Quan, after he attempted to organize the "China New Democracy Party" and used the Internet to seek members and disseminate his political views. The appellate court did not open its proceedings to the public and waited beyond the 45-day limit provided under Chinese law before handing down its decision.
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Beijing Court Sentences Liu Xiaobo to 11 Years
The Beijing No. 1 Intermediate People's Court sentenced prominent intellectual Liu Xiaobo on December 25, 2009, to 11 years in prison for "inciting subversion of state power," a crime under Article 105, Paragraph 2, of the Criminal Law. The court also sentenced Liu to two years' deprivation of political rights upon his release. Human Rights in China released an English translation of the court's verdict on December 30, 2009. The court cited essays Liu had written critical of the Communist Party and China's political system and his participation in Charter 08. The court highlighted Liu's use of the Internet, including his posting of essays online and his e-mailing of the charter and its signatures to overseas Web sites. Liu submitted his appeal of the decision to the Beijing High People's Court on December 29, according to a January 4, 2010, New York Times article.
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The Trial of Liu Xiaobo - Joint Statement by Chairman Byron Dorgan and Cochairman Sander Levin
Following the trial of Mr. Liu Xiaobo in Beijing on the morning of December 23, China once again is at an important crossroads, and seems to be turning in the wrong direction. We call on the Chinese government to release Mr. Liu, and to respect the rights of all Chinese citizens to peacefully express their political views and desires for universally-recognized fundamental freedoms.
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New Regulation in Xinjiang Appears To Expand Controls Over Children's Religious Freedom
A new regulation on the protection of minors, adopted by the Xinjiang government and effective December 1, appears to expand formal legal controls over children's freedom of religion and parents' right to impart religious teachings. The regulation reportedly addresses the "negative impact" various religious activities have on minors.
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| More Commission Analysis. . . |
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| Upcoming Events |
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HEARING
China, the Internet, and Google (02/10/10)
Wednesday, February 10, 2010, 2:30 to 4 p.m.
Room 628, Dirksen Senate Office Building.
Witnesses: Nicole Wong, Esq., Vice President and Deputy General Counsel, Google Inc. Rebecca MacKinnon, Visiting Fellow, Center for Information Technology Policy, Princeton University Alan Paller, Director of Research, SANS Institute Edward Black, President and CEO, Computer & Communications Industry Association Recent events, including the reported cyber attack on Google and on advocates for human rights, have highlighted the importance of China's Internet policy to a number of issues including, but not limited to, censorship, free expression and intellectual property protection. This hearing will examine the impact of China's Internet policies on the development of human rights and on the development of commercial rule of law in China.
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| 2009 Annual Report |
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2009 Annual Report
The Congressional-Executive Commission on China issued its 2009 Annual Report on human rights conditions and the development of the rule of law in China on October 10, 2009. Click here for the full report (pdf).
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| Special Topic Paper |
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The Congressional-Executive Commission on China issued a special report titled Special Topic Paper: Tibet 2008-2009 on October 22, 2009. The report provides expanded coverage and in-depth analysis of key recent developments and trends in Tibet and builds on the Commission's 2009 Annual Report.
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| Political Prisoner Database |
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Partial List of Political Prisoners Known or Believed to be Detained or Imprisoned in China as of October 7, 2009 (1,279 Cases)
Click here to Search the full CECC Political Prisoner Database of over 4,794 cases
A "political prisoner" is an individual detained for exercising his or her human rights under international law, such as peaceful assembly, freedom of religion, freedom of association, free expression, including the freedom to advocate peaceful social or political change, and to criticize government policy or government officials. (This list of rights is not meant to be exhaustive, just illustrative.) In most cases, prisoners in the CECC Political Prisoner Database (PPD) were detained or imprisoned for attempting to exercise rights guaranteed to them by China’s law and Constitution, or by international law, or both.
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Political Prisoner Advocacy
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| Recent Events |
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ROUNDTABLE
China's Citizen Complaint System: Prospects for Accountability (12/04/09)
Friday, December 4, 2009, 2 to 3:30 p.m.
Room 628, Dirksen Senate Office Building. A panel of experts will discuss China's citizen complaint system, sometimes called the "petitioning" system or the "xinfang" (letters and visits) system, its role in promoting accountability, its relationship to China's legal institutions, and its prospects for the future.
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ROUNDTABLE
Gao Yaojie: Physician, Grandmother, and Whistleblower in China's Fight Against HIV/AIDS (12/03/09)
Thursday, December 3, 2009, 10 to 11:30 a.m.
Room 628, Dirksen Senate Office Building. Dr. Gao Yaojie will give a first-hand account of her work in HIV/AIDS education, prevention, and treatment in Henan province and throughout China.
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BRIEFING
Briefing on Special Topic Paper: Tibet 2008-2009 (10/30/09)
Friday, October 30, 2009, at 2 p.m.
Room 628, Dirksen Senate Office Building. Steven Marshall, Senior Advisor and Prisoner Database Program Director, will brief on the report's findings and analysis.
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HEARING
Human Rights and the Rule of Law in China (10/7/09)
Wednesday, October 7, 2009, from 2 to 3:30 p.m.
Room 628, Dirksen Senate Office Building.
Panelists: John Kamm, Elizabeth C. Economy, Donald C. Clarke, and Gardner Bovingdon. View a recorded video of this hearing.
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More...
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| Commission Roundtables and Panel Discussions |
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- China's Citizen Complaint System: Prospects for Accountability (12/04/09)
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- Gao Yaojie: Physician, Grandmother, and Whistleblower in China's Fight Against HIV/AIDS (12/03/09)
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- Reporting the News in China: First-Hand Accounts and Current Trends (7/31/09)
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- China's Human Rights Lawyers: Current Challenges and Prospects (7/10/09)
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- The Financial Crisis and the Changing Role of Workers in China (6/19/09)
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- What "Democracy" Means in China After Thirty Years of Reform (5/22/09)
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- The Rising Stakes of Refugee Issues in China (5/1/09)
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- A Year After the March 2008 Protests: Is China Promoting Stability in Tibet? (3/13/09)
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- Does China Have a Stability Problem? (2/27/09)
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- Human Rights in Xinjiang: Recent Developments (2/13/09)
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- The UN Human Rights Council's Review of China's Record: Process and Challenges (1/16/09)
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- Human Rights and Rule of Law in China: Where Are We Now and Where Do We Go From Here? (12/12/08)
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- On the Eve of the Beijing Olympics: China's Information Lockdown (7/16/08)
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Xinjiang: Rights Abuses in China's Muslim Western Region (5/14/08)
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More Roundtables. . .
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| Annual Reports |
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2008 Annual Report
The Congressional-Executive Commission on China issued its 2008 Annual Report on human rights conditions and the development of the rule of law in China on Friday, October 31, 2008. Click here for the full report (text/pdf).
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2007 Annual Report
The Congressional-Executive Commission on China issued its 2007 Annual Report on human rights conditions and the development of the rule of law in China on Wednesday, October 10, 2007. Click here for the full report (text/pdf).
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| CECC Special Topics |
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- Xinjiang Demonstrations
- See also the CECC Chairman's and Cochairman's Statement on the Xinjiang Demonstrations.
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Universal Periodic Review (UPR)
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Charter 08
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Human Rights Day
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- China's Olympic Commitments
- See also the CECC Chairman's and Cochairman's Statement on China's Olympic Commitments. Click here for the full transcript and supporting materials from the Commission's Hearing on "The Impact of the 2008 Olympic Games on Human Rights and the Rule of Law in China."
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- Tibetan Protests
- See also the CECC Chairman's Statement on the Tibetan Protests.
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- China's Household Registration System
- Available in English (html or pdf) and Chinese (html or pdf).
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- Newsletter Archives
- Click here to join our mailing list.
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| Commission Hearings |
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- Human Rights and the Rule of Law in China (10/7/09)
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- The 20th Anniversary of the Tiananmen Square Protests: Examining the Significance of the 1989 Demonstrations in China and Implications for U.S. Policy (6/4/09)
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- What Will Drive China's Future Legal Development? Reports from the Field (6/18/08)
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- The Impact of the 2008 Olympic Games on Human Rights and the Rule of Law in China (02/27/08)
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- Human Rights and Rule of Law in China (09/20/06)
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- Combating Human Trafficking in China: Domestic and International Efforts (03/06/06)
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- Law in Political Transitions: Lessons from East Asia and the Road Ahead for China (7/26/05)
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- Religious Freedom in China (11/18/04)
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