Rio Tinto Employees Charged With Accepting Bribes, Infringing Trade Secrets

The Shanghai People's Procuratorate formally charged four employees of the Anglo-Australian mining firm Rio Tinto on February 10 with "bribery and infringing trade secrets." The four men, three Chinese citizens and one naturalized Australian who is a former Chinese national, were first detained in Shanghai in July 2009 on suspicion of "stealing state secrets," a crime which in China entails closed-door trials and often severe punishment. In August, charges against the four employees were downgraded to "commercial bribery and trade secrets infringement," with the Shanghai Procuratorate last month accusing the men of "taking advantage of their position to seek profit for others, and asking for, or illegally accepting, huge amounts of money from Chinese steel enterprises." Some reports note the timing of the detentions of the four employees, which took place shortly after Rio Tinto pulled out of a proposed $19.5 billion deal with a major state-owned Chinese firm in June 2009.

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Official Protestant Church Politicizes Pastoral Training, "Reconstructs" Theology

Protestants who worship at officially sanctioned congregations in China continue to encounter state interference in the practice and teaching of their faith. To operate legally, congregations must submit to two state-run "patriotic religious organizations" that run their affairs. China's state-controlled Protestant church manipulates and modifies doctrine and theology in an effort to eliminate elements of Christian faith that the Communist Party regards as incompatible with its goals and ideology. It calls this process "theological reconstruction." Recent meetings between top Party officials and the patriotic religious organizations illustrate the close relationship that the Party maintains with these organizations. Meanwhile, local government reports from various provinces indicate ongoing emphasis on theological reconstruction and political study sessions in registered Protestant churches.

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Top Leaders Praise the Work of China's "Patriotic Religious Organizations"

Religious believers who worship at registered religious venues, the only legally sanctioned locations where religious activities may be conducted on a regular basis in China, and who belong to registered churches, temples, and mosques, continue to encounter government and Communist Party interference in their religious practice and teachings. Interference occurs in a regular and institutionalized fashion through seven state-led entities called "patriotic religious organizations," which exercise authority over registered religious groups in matters ranging from dictating doctrine to controlling clergy appointments. In recent months, top Party and government leaders have met with the leaders of the patriotic religious organizations to commend them for their support of the authorities in 2009 and to outline goals for their work in 2010.

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Communist Party Leadership Outlines 2010–2020 "Tibet Work" Priorities at "Fifth Forum"

The nine-member Standing Committee of the Political Bureau (Politburo) of the Central Committee of the Chinese Communist Party (CCP) convened the "Fifth Tibet Work Forum" on January 18-20, 2010, in Beijing. The Fifth Forum applied the highest imprimatur of Party power to policy objectives for the Tibetan autonomous areas of China during the period 2010 to 2020.

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Migrant Workers' Children Face Barriers to Education, Activists Call for Fair Treatment

China's household registration system places strict limits on where its citizens may legally reside. Given that access to social services is tied to household registration, many migrant workers' children are more likely to face discrimination and be turned away from urban schools. In light of this, two Beijing-based activists have asked the city's authorities to allocate more money to increase the number of state-run kindergartens in order to accommodate the children of migrant workers who, already facing discrimination in an environment where slots are severely limited, often are denied admission to schools.

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Chengdu Court Sentences Tan Zuoren to Five Years and Upholds Huang Qi's Sentence

In mid-February 2010, the Chengdu Intermediate People's Court in Sichuan province sentenced writer and environmental activist Tan Zuoren to five years in prison for inciting subversion, and upheld the three-year sentence of fellow activist Huang Qi for illegal possession of state secrets. Both were active in criticizing the government for not doing enough to investigate the causes of school collapses in the May 2008 Sichuan earthquake and were detained shortly thereafter.

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Beijing High People's Court Affirms Liu Xiaobo's 11-Year Sentence

The Beijing High People's Court upheld the 11-year sentence of prominent writer Liu Xiaobo on February 11, 2010, for essays he wrote criticizing the Communist Party and advocating for political reforms and for his participation in Charter 08, a document calling for political reform and human rights. Liu's use of the Internet to disseminate his views figured prominently in the court's decision to affirm what is reportedly the longest sentence for the crime of inciting subversion of state power in at least a decade.
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Revised Social Order Regulation in Xinjiang Places New Emphasis on State Security

The Xinjiang government has revised a regulation on social order to place new emphasis on combating threats to state security. "Social order" regulations in China typically address general criminal activities, "social unrest," and other perceived threats to stability, and the Xinjiang regulation's new focus on state security is largely unseen in recent social order regulations elsewhere in the country.

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Xinjiang "Ethnic Unity" Regulation Imposes Party Policy, Restricts Free Expression

Following unrest in the far western region of Xinjiang in July 2009, the Xinjiang People's Congress Standing Committee passed an all-encompassing regulation on promoting ethnic unity, effective February 1, 2010, that promulgates Communist Party policy on ethnic issues and imposes far-reaching controls on freedom of expression. The legislation appears to be the first provincial regulation in China devoted to ethnic unity. The regulation comes amid an array of other measures—in both law and practice—to impose ethnic unity education in the region and restrict free expression on issues perceived to relate to ethnic unity. The regulation contravenes provisions in international law that limit the circumstances under which the right to freedom of expression may be restricted.

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Top Chinese Security Officials Urge Continued Crackdown in 2010

China's top security officials issued statements in late 2009 and early 2010 that indicate top-level support for an indefinite extension of a security crackdown ostensibly aimed at "safeguarding social stability." China's leadership launched this most recent campaign with a series of temporary security measures for hosting the 2008 Beijing Summer Olympics, and later justified their continuation as a necessary response to the global financial crisis and politically "sensitive" anniversaries in 2009.

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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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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).

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.

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. 

Political Prisoner Advocacy

ROUNDTABLE

Women in a Changing China (3/8/10)

Monday, March 8, 2010, 2 to 3:30 p.m.
Room B-318, Rayburn House Office Building.

A panel of experts will explore the Chinese government's progress and challenges in addressing issues that impact women's rights inlcuding domestic violence, land rights, gender discrimination, sexual harassment, and human trafficking.

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.

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.

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.

More...

Women in a Changing China  (3/8/10)

China's Citizen Complaint System: Prospects for Accountability  (12/04/09)

Gao Yaojie: Physician, Grandmother, and Whistleblower in China's Fight Against HIV/AIDS  (12/03/09)

Reporting the News in China: First-Hand Accounts and Current Trends  (7/31/09)

China's Human Rights Lawyers: Current Challenges and Prospects  (7/10/09)

The Financial Crisis and the Changing Role of Workers in China  (6/19/09)

What "Democracy" Means in China After Thirty Years of Reform   (5/22/09)

The Rising Stakes of Refugee Issues in China   (5/1/09)

A Year After the March 2008 Protests: Is China Promoting Stability in Tibet?  (3/13/09)

Does China Have a Stability Problem?   (2/27/09)

Human Rights in Xinjiang: Recent Developments (2/13/09)

The UN Human Rights Council's Review of China's Record: Process and Challenges (1/16/09)

Human Rights and Rule of Law in China: Where Are We Now and Where Do We Go From Here? (12/12/08)

On the Eve of the Beijing Olympics: China's Information Lockdown (7/16/08)

Xinjiang: Rights Abuses in China's Muslim Western Region (5/14/08)

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).

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).

Xinjiang Demonstrations

See also the CECC Chairman's and Cochairman's Statement on the Xinjiang Demonstrations.

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."

Tibetan Protests

See also the CECC Chairman's Statement on the Tibetan Protests.

China's Household Registration System

Available in English (html or pdf) and Chinese (html or pdf).

Newsletter Archives

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Human Rights and the Rule of Law in China (10/7/09)

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)

What Will Drive China's Future Legal Development? Reports from the Field (6/18/08)

The Impact of the 2008 Olympic Games on Human Rights and the Rule of Law in China (02/27/08)

Human Rights and Rule of Law in China (09/20/06)

Combating Human Trafficking in China: Domestic and International Efforts (03/06/06)

Law in Political Transitions: Lessons from East Asia and the Road Ahead for China (7/26/05)

Religious Freedom in China (11/18/04)