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| ''For the non-governmental organization, see ]'' | |||
| {{multiple issues| | |||
| {{Update|date=May 2015}} | |||
| {{cleanup-reorganize|date=January 2013}} | |||
| {{weasel|date=January 2013}} | |||
| }} | |||
| {{Politics of the People's Republic of China}} | |||
| The extent to which '''human rights are recognized and protected in the People's Republic of China''' (PRC or Mainland China) is a matter of dispute between its government and external organizations and individuals. ], their supporters, and other proponents claim that existing policies and enforcement measures are sufficient to guard against human rights abuses. However, other countries and their authorities (such as the ], ], and ], among others), international ] (NGOs), such as ] and ], and dissidents inside the country state that the ] in ] regularly sanction or create such abuses. | |||
| NGOs such as Amnesty International and ], as well as foreign governmental institutions such as the U.S. State Department, have accused the PRC of violating the freedoms of ], ], and ] of its citizens and of others within its jurisdiction. Authorities in the PRC claim to define human rights differently, so as to include ] as well as political rights, all in relation to "]" and the ] of the country.<ref name="xinhuanet human rights">{{Cite news | |||
| |url=http://news.xinhuanet.com/english/2005-12/12/content_3908887.htm | |||
| |title=Human rights can be manifested differently | |||
| |work=China Daily |date=12 December 2005}}</ref> Authorities in the PRC, referring to this definition, claim that human rights are being improved.<ref>{{cite web | |||
| |url=http://www.china.org.cn/e-white/prhumanrights1996/index.htm | |||
| |title=Progress in China's Human Rights Cause in 1996 | |||
| |date=March 1997 | |||
| }}</ref> They do not, however, use ]. PRC politicians have repeatedly maintained that, according the ], the "]" supersede citizenship rights. PRC officials interpret the primacy of the Four Cardinal Principles as a legal basis for the arrest of people who the government says seek to overthrow the principles. Chinese nationals whom authorities perceive to be in compliance with these principles, on the other hand, are permitted by the PRC authorities to enjoy and exercise all the rights that come with citizenship of the PRC, provided they do not violate PRC laws in any other manner. | |||
| Numerous ] have publicized human rights issues in China that they consider the government to be mishandling, including: ], the ], the political and legal status of ], and neglect of freedom of the press in mainland China. Other areas of concern include the lack of legal recognition of human rights and the lack of ], rule of law, and due process. Further issues raised in regard to human rights include the severe lack of ] (in particular the ] which restricts ] freedom of movement), the absence of independent labour unions, and allegations of discrimination against rural workers and ], as well as the lack of religious freedom{{spaced ndash}} rights groups have highlighted repression of the Christian,<ref>{{Cite web | |||
| | title = Christians face waves of persecution | |||
| | accessdate =13 January 2012 | |||
| | url = http://www.vancouversun.com/news/Christians+face+waves+persecution/5935732/story.html | |||
| }}</ref><ref>{{Cite news | |||
| | title = Religious freedom: Christians and lions | The Economist | |||
| | accessdate =13 January 2012 | |||
| | url = http://www.economist.com/node/21542195 | |||
| | date=31 December 2011 | |||
| }}</ref><ref>{{Cite web | |||
| | title = Chinese government persecutes dissidents | TheCabin.net – Conway, Arkansas | |||
| | accessdate =13 January 2012 | |||
| | url = http://thecabin.net/interact/opinion/columns/2012-01-07/chinese-government-persecutes-dissidents#.TxBXqfkgkS4 | |||
| }}</ref><ref>{{Cite news | |||
| | title = BBC NEWS | Asia-Pacific | China's Christians suffer for their faith | |||
| | accessdate =13 January 2012 | |||
| | url = http://news.bbc.co.uk/2/hi/asia-pacific/3993857.stm | |||
| | work=BBC News | |||
| | first=Kate | |||
| | last=McGeown | |||
| | date=9 November 2004 | |||
| }}</ref><ref>{{Cite web | |||
| | title = China's Crackdown on Christians Worsens, Christian News | |||
| | accessdate =13 January 2012 | |||
| | url = http://www.christianpost.com/news/china-s-crackdown-on-christians-worsens-31104/ | |||
| }}</ref>{{Better source|reason=http://en.wikipedia.org/search/?title=Misplaced Pages:Reliable_sources/Noticeboard&oldid=659359750|date=April 2015}}<ref>{{Cite web | |||
| | last = Department of State. The Office of Electronic Information | |||
| | first = Bureau of Public Affairs | |||
| | title = China includes Tibet, Hong Kong, Macau | |||
| | accessdate =13 January 2012 | |||
| | date = 19 September 2008 | |||
| | url = http://www.state.gov/g/drl/rls/irf/2008/108404.htm | |||
| }}</ref> ], and ] religious groups. Some Chinese activist groups are trying to expand these freedoms, including Human Rights in China, ], and the ]. ] who take on cases related to these issues, however, often face harassment, disbarment, and arrest.<ref name="HRW Thin Ice">]. 28 April 2008.</ref><ref name="amnesty13">Amnesty International, 5 October 2010</ref> | |||
| ==Legal system== | |||
| Since the ] of the late 1970s and 1980s, the ] (CPC) has officially moved to embrace the language of the rule of law and to establish a modern ]. In the process, it has enacted thousands of new laws and regulations, and has begun training more legal professionals.<ref name="HRW Thin Ice">]. 28 April 2008.</ref> The concept of 'rule of law' has been emphasized in the ], and the ] has embarked on campaigns to promote the idea that citizens have protection under the law. At the same time, however, a fundamental contradiction exists in the constitution itself, in which the Communist Party insists that its authority supersedes that of the law.<ref name="fordham">Eva Pils, , Fordham International Law Journal, Volume 30, Issue 4 (2006).</ref> Thus, the constitution enshrines the rule of law, yet simultaneously stresses the principle that the 'leadership of the Communist Party' holds primacy over the law. | |||
| The judiciary is not independent of the Communist Party, and judges face political pressure; in many instances, private party committees dictate the outcome of cases.<ref>{{cite web | |||
| |last = Yardley | |||
| |first = Jim | |||
| |title = A young judge tests China's legal system | |||
| |url=http://www.iht.com/articles/2005/11/28/news/judge.php | |||
| |date = 28 November 2005 | |||
| |accessdate =23 August 2006 }}</ref> In this way, the CPC effectively controls the judiciary through its influence.<ref name="HRW Thin Ice"/> This influence has produced a system often described as 'rule ''by'' law' (alluding to the CPC's power), rather than rule ''of'' law.<ref name="nytimes">]. 2005.</ref> Moreover, the legal system lacks protections for ], and often fails to uphold due process.<ref>{{Cite journal| author="Belkin, Ira" | title = China's Criminal Justice System: A Work in Progress | journal=Washington Journal of Modern China | date = Fall 2000 | volume = 6 | issue = 2 | url = http://www.law.yale.edu/documents/pdf/Chinas_Criminal_Justice_System.pdf |format=PDF}}</ref> | |||
| == Prisons == | |||
| Foreign experts estimate that in 2000, there were between 1.5 million and 4 million people in prison in China. China does not allow outsiders to inspect the penal system.<ref name=Becker>{{cite book|title=The Chinese|year=2002|publisher=Oxford University Press|isbn=0195149408|pages=335–336|author=]}}</ref> | |||
| ==Civil liberties== | |||
| ===Freedom of speech=== | |||
| {{Main|Censorship in the People's Republic of China|Government control of the media in the People's Republic of China|Internet censorship in the People's Republic of China}} | |||
| Although the 1982 constitution guarantees freedom of speech,<ref>{{cite web|url=http://english.people.com.cn/constitution/constitution.html|title=CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA|publisher=|accessdate=5 March 2015}}</ref> the Chinese government often uses the "]" and "protection of ]s" clauses in their law system to imprison those who are critical of the government.<ref>{{Cite news|url=http://www.reuters.com/article/businessNews/idUSPEK10194620080403|title=China jails rights activist outspoken on Tibet |agency=Reuters | date=3 April 2008}}</ref> The ] is also heavily involved in ] news, even though no publicly known state law explicitly authorizes it or any other department of the PRC's government to engage in such activities.{{Citation needed|date=March 2014}} | |||
| During the ], the government promised to issue permits authorizing people to protest in specifically designated "protest parks" in ].<ref>{{Cite news|url=http://news.bbc.co.uk/1/hi/world/asia-pacific/7521321.stm|title=China 'to allow Olympic protests' |date=23 July 2008|publisher=BBC News |accessdate=22 August 2008}}</ref> However, a majority of the applications were withdrawn, suspended, or vetoed,<ref>{{Cite news|url=http://news.bbc.co.uk/1/hi/world/asia-pacific/7567703.stm|title=China 'yet to approve protests'|last=Bristow |first=Michael|date=18 August 2008|publisher=BBC News |accessdate=22 August 2008}}</ref> and the police detained some of the people who applied.<ref name=IHT>{{Cite news | |||
| |url= http://www.nytimes.com/2008/08/21/sports/olympics/21protest.html|title= Too Old and Frail to Re-educate? Not in China|author=Andrew Jacobs|work=The New York Times | date= 20 August 2008|accessdate=9 May 2009}}</ref> | |||
| References to certain controversial events and political movements, as well as access to web pages considered by the PRC authorities to be "dangerous" or "threatening to state security", are ]; and content disputed by or critical of PRC authorities is absent from many publications, and subject to the ] within mainland China.<ref>{{cite web |url=http://www.freedomhouse.org/images/File/FotN/China2011.pdf |title=Freedom on the Net Report: China |date=April 2011}}</ref> Laws in the People's Republic of China forbid the advocacy of ] of any part of its claimed territory from mainland China, or public challenge to the CPC's domination of the government of China. An unsanctioned protest during the Olympics by seven foreign activists at the ], protesting for a free Tibet and blocking the entrance, was cleared<ref name=Ang>{{Cite news|url=http://www.irrawaddy.org/article.php?art_id=13844|title=8 Tibet Activists Detained near Olympics Venue|first=Audra|last=Ang|agency=]|date=13 August 2008|accessdate=18 September 2010}} {{Dead link|date=September 2010|bot=H3llBot}}</ref> and the protesters deported.<ref>{{Cite news|url=http://news.bbc.co.uk/1/hi/world/asia-pacific/7562264.stm|title=Olympics protester returns to UK|date=15 August 2008|publisher=BBC News |accessdate=22 August 2008}}</ref> | |||
| Foreign Internet search engines including Microsoft ], ], and ] have come under criticism for aiding these practices, including banning the word "democracy" from chat rooms in China.{{Citation needed|date=February 2015}} ], in particular, stated that it will not protect the privacy and confidentiality of its Chinese customers from the authorities.<ref>Gunther, Marc. . ''].'' 16 February 2006.</ref> | |||
| In 2005, after Yahoo! China provided his personal emails and ]es to the Chinese government, reporter ] was sentenced to imprisonment for ten years for releasing an internal Communist Party document to an overseas Chinese democracy site.<ref>{{cite web|url=http://www.hrw.org/english/docs/2006/08/09/china13940.htm|title=China: Internet Companies Aid Censorship|accessdate=6 February 2007}}</ref> ] president Josh Silverman said it was "common knowledge" that ] had "established procedures to...block instant messages containing certain words deemed offensive by the Chinese authorities".<ref name=spying>, '']''. 3 October.2008.</ref> | |||
| ===Freedom of the press=== | |||
| Critics argue that the CPC has failed to live up to its promises about the ]. ] consistenly ranks China as 'Not Free'<ref>{{cite web |url=http://www.freedomhouse.org/template.cfm?page=251&year=2010&country=7801 |title=Freedom of the Press Report: China |date=May 2011}}</ref><ref>Freedom House, , Freedom House.</ref> in its annual press freedom survey, including the 2014 report. PRC journalist ] says that the PRC's media are controlled by directives from the Communist Party's propaganda department, and are subjected to intense monitoring which threatens punishment for violators, rather than to pre-publication censorship.<ref> "The Hijacked Potential of China's Internet", English translation of a chapter in the 2006 revised edition of ''Media Control in China'' published in Chinese by Liming Enterprises of Taiwan in 2006. Retrieved 4 February 2007</ref> In 2008, ] reporter John Ray was arrested while covering a 'Free Tibet' protest.<ref name=Ang/><ref>{{Cite news|url=http://news.bbc.co.uk/1/hi/world/asia-pacific/7557771.stm|title=Activists held over Games protest |date=13 August 2008|publisher=BBC News |accessdate=26 August 2008}}</ref> International media coverage of Tibetan protests only a few months before the Beijing Olympics in 2008 triggered a strong reaction inside China. Chinese media practitioners took the opportunity to argue with propaganda authorities for more media freedom:<ref name="Stockmann 269-289">{{cite journal|last=Stockmann|first=Daniela|title=Who Believes Propaganda? Media Effects during the Anti-Japanese Protests in Beijing|journal=The China Quarterly|date=17 June 2010|volume=202|pages=269–289|doi=10.1017/S0305741010000238}}</ref> one journalist asked, 'If not even Chinese journalists are allowed to report about the problems in Tibet, how can foreign journalists know about the Chinese perspective about the events?'<ref>{{cite news|last=Jacobs|first=Andrew|title=Protests of the West Spread in China|url=http://www.nytimes.com/2008/04/21/world/asia/21china.html?_r=0|accessdate=3 October 2012|newspaper=New York Times|date=21 April 2008}}</ref> Foreign journalists also reported that their access to certain websites, including those of human rights organizations, was restricted.<ref>{{Cite news|url=http://news.bbc.co.uk/1/hi/world/asia-pacific/7532338.stm|title=Web curbs for Olympic journalists|date=30 July 2008|publisher=BBC News |accessdate=26 August 2008}}</ref><ref>{{Cite news|url=http://latimesblogs.latimes.com/webscout/2008/08/hundreds-of-web.html|title=Hundreds of websites still censored at Beijing Olympics|date=5 August 2008|work=Los Angeles Times|accessdate=26 August 2008|deadurl=yes}} {{Dead link|date=April 2012|bot=RjwilmsiBot}}</ref> ] president ] stated at the end of the 2008 Olympic Games that 'The regulations might not be perfect but they are a sea-change compared to the situation before. We hope that they will continue.'<ref>{{Cite news|url=http://afp.google.com/article/ALeqM5iXmzlCbGH43nO0lzYAWpSHGiqBhg|title=Rogge urges China to keep foreign media freedoms|date=24 August 2008|agency=Agence France-Presse |accessdate=26 August 2008}}</ref> The Foreign Correspondents Club of China (FCCC) issued a statement during the Olympics that 'despite welcome progress in terms of accessibility and the number of press conferences within the Olympic facilities, the FCCC has been alarmed at the use of violence, intimidation and harassment outside. The club has confirmed more than 30 cases of reporting interference since the formal opening of the Olympic media centre on 25 July, and is checking at least 20 other reported incidents.'<ref>{{Cite news|url=http://www.theaustralian.news.com.au/story/0,25197,24240947-2722,00.html|title=Games fell short of standards|last=Callick|first=Rowan|date=26 August 2008|work=The Australian|accessdate=26 August 2008}}</ref> | |||
| Since the Chinese state continues to exert a considerable amount of control over media, public support for domestic reporting has come as a surprise to many observers.<ref name="Stockmann 269-289"/> Not much is known about the extent to which the Chinese citizenry believe the official statements of the CPC, nor about which media sources they perceive as credible and why. So far, research on the media in China has focused on the changing relationship between media outlets and the state during the reform era.<ref name="Stockmann 269-289"/> Nor is much known about how China's changing media environment has affected the government's ability to persuade media audiences.<ref name="Stockmann 269-289"/> Research on political trust reveals that exposure to the media correlates positively with support for the government in some instances, and negatively in others. The research has been cited as evidence that the Chinese public believes propaganda transmitted to them through the news media, but also that they disbelieve it.<ref>{{cite journal|last=Kennedy|first=John James|title=Maintaining Popular Support for the Chinese Communist Party: The Influence of Education and the State-Controlled Media|journal=Political Studies|date=1 October 2009|volume=57|issue=3|pages=517–536|doi=10.1111/j.1467-9248.2008.00740.x}}</ref><ref>{{cite journal|last=Chen|first=Xueyi|author2=Shi, Tianjian|title=Media effects on political confidence and trust in the People's Republic of China in the post-Tiananmen period|journal=East Asia|date=31 August 2001|volume=19|issue=3|pages=84–118|doi=10.1007/s12140-001-0011-3}}</ref> These contradictory results can be explained by realizing that ordinary citizens consider media sources to be credible to a greater or lesser degree, depending on the extent to which media outlets have undergone reform.<ref name="Stockmann 269-289"/> | |||
| In 2012 the UN High Commissioner for Human Rights urged the Chinese government to lift restrictions on media access to the region and allow independent and impartial monitors to visit and assess conditions in Tibet.<ref name="UN News Centre">{{cite web|last=UN News Centre|title=China must urgently address rights violations in Tibet – UN senior official|url=http://www.un.org/apps/news/story.asp?NewsID=43399&Cr=China&Cr1#.UTH17hnpbqM|publisher=United Nations|accessdate=2 March 2013}}</ref> The Chinese government did not change its position. | |||
| ====Freedom of the Internet==== | |||
| {{Main|Internet censorship in the People's Republic of China}} | |||
| More than sixty Internet regulations exist in China and serve to monitor and control internet publication. These policies are implemented by provincial branches of state-owned ]s, companies, and organizations.<ref>{{cite web|url= http://www.hrw.org/reports/2006/china0806/3.htm|title= II. How Censorship Works in China: A Brief Overview|accessdate=30 August 2006|publisher= ]}}</ref><ref>{{cite web|url=http://www.chinaeclaw.com/english/showCategory.asp?Code=022 |title=Chinese Laws and Regulations Regarding Internet |publisher=Chinaeclaw.com |accessdate=1 May 2012}}</ref> The apparatus of China's Internet control is considered more extensive and more advanced than in any other country in the world. The ] includes the ability to monitor online chatting services and mail, identifying IPs and all of the person’s previous communication, and then being able to lock in on the person’s location—because a person will usually use the computer at home or at work. And then the arrest is carried out.<ref>Ethan Gutmann (May/June 2010) , World Affairs Journal</ref> ] notes that China "has the largest recorded number of imprisoned journalists and cyber-dissidents in the world"<ref>, Global Internet Freedom Consortium, 2008. Retrieved 22 March 2014.</ref> and Paris-based ] stated in 2010 and 2012 that "China is the world's biggest prison for ]."<ref>, Miles Yu, ''Washington Times'', 8 February 2012. Retrieved 22 March 2014.</ref><ref>, Reporters Without Borders, 12 March 2012. Retrieved 22 March 2014.</ref> | |||
| As an example of the censorship, in 2013, 24 years after the pro-democracy demonstrations in ], online searches for the term 'Tiananmen Square' were still censored by Chinese authorities.<ref> Guardian 4 June 2013</ref> | |||
| ===Freedom of movement=== | |||
| {{Details|Hukou system}} | |||
| The ] came to power in the late 1940s and instituted a ]. In 1958, ], the ], created a residency permit system defining where people could work, and classified workers as rural or urban.<ref name="autogenerated2">Macleod, Calum. , '']'', 10 June 2001.</ref><ref name=Wildasin/><ref name=ChanSenser>'China's apartheid-like household registration system, introduced in the 1950s, still divides the population into two distinct groups, urban and rural.' Chan, Anita & Senser, Robert A. , '']'', March / April 1997.</ref> In this system, a worker seeking to move from the country to an urban area to take up non-agricultural work would have to apply through the relevant bureaucratic institutions. There is uncertainty, however, over how strictly the system has been enforced. People who worked outside the region in which they were registered would not qualify for grain rations, employer-provided housing, or health care.<ref name=Wildasin>David Pines, Efraim Sadka, Itzhak Zilcha, ''Topics in Public Economics: Theoretical and Applied Analysis'', Cambridge University Press, 1998, p. 334.</ref> There were controls over education, employment, marriage and other areas of life.<ref name="autogenerated2" /> One reason cited for instituting this system was to prevent the possible chaos caused by predictable large-scale urbanization.<ref>{{cite jstor|655134}}</ref> As a part of the ] policy proposed by ] and accepted by the British and Portuguese governments, the ] (SARs) of Hong Kong and Macau retained separate border control and immigration policies with the rest of the PRC. Chinese nationals had to gain permission from the government before travelling to Hong Kong or Macau, but this requirement was officially abolished for each SAR after its respective handover. Since then, restrictions imposed by the SAR governments have been the limiting factor on travel. | |||
| '']'' reported in 2000 that although migrant labourers play a major role in spreading wealth in Chinese villages, they are treated 'like second-class citizens by a system so discriminatory that it has been likened to ].'<ref name="autogenerated3">Macleod, Calum and Macleod, Lijia '' China's migrants bear brunt of bias'', The Washington Times, 14 July 2000.</ref> Anita Chan also posits that China's household registration and temporary residence permit system has created a situation analogous to the passbook system in South Africa which was implemented to control the supply and actions of cheap labourers<ref name=Chan>Chan, Anita, ''China's Workers under Assault: The Exploitation of Labor in a Globalizing Economy'', Introduction chapter, M.E. Sharpe. 2001, ISBN 0-7656-0358-6</ref> from underprivileged ethnic groups, as well as to control the quality and quantity of such labourers. In 2000, the Tibetan Centre for Human Rights and Democracy alleged that people of ] in Tibet have a far easier time acquiring the necessary permits to live in urban areas than ethnic Tibetans do.<ref>{{cite web| title = Racial Discrimination in Tibet (2000) | url = http://www.tchrd.org/publications/topical_reports/racial_discrimination-2000/housing/06_restrictions.html | publisher=Tibetan Centre for Human Rights and Democracy}}</ref> | |||
| Abolition of this policy has been proposed in 11 provinces, mainly along the developed eastern coast. After a widely publicised incident in 2003, when a university-educated migrant died in Guangdong province, the law was changed to eliminate the possibility of summary arrest for migrant laborers. The Beijing law lecturer who exposed the incident said it spelt the end of the ]: he believed that in most smaller cities, the system had been abandoned, and had 'almost lost its function' in big cities like Beijing and Shanghai.<ref name=rethinks>Luard, Tim. , '']'', 10 November 2005.</ref> | |||
| ====Treatment of rural workers==== | |||
| In November 2005, ], acting director of the China Institute at the ], said that the ''hukou'' system was one of the most strictly enforced ] structures in modern world history.<ref name="Wenran">{{Cite news|url=http://news.bbc.co.uk/1/hi/world/asia-pacific/4424944.stm|title=China rethinks peasant 'apartheid' |last=Luard|first=Tim|date=10 November 2005|publisher=BBC News |accessdate=22 August 2008}}</ref> He stated, 'Urban dwellers enjoy a range of social, economic and cultural benefits while peasants, the majority of the Chinese population, are treated as second-class citizens.'<ref name="Wenran"/> | |||
| The discrimination enforced by the ''hukou'' system became particularly onerous in the 1980s after hundreds of millions of migrant workers were forced out of state corporations, co-operatives and other institutions.<ref name=TheStar>'Chinese apartheid: Migrant labourers, numbering in hundreds of millions, who have been ejected from state concerns and co-operatives since the 1980s as China instituted "socialist capitalism", have to have six passes before they are allowed to work in provinces other than their own. In many cities, private schools for migrant labourers are routinely closed down to discourage migration.' 'From politics to health policies: why they're in trouble', '']'', 6 February 2007.</ref> Attempts by workers classified as rural to move to urban centers were tightly controlled by the Chinese bureaucracy, which enforced its control by denying access to essential goods and services such as grain rations, housing, and health care,<ref name=Wildasin/> and by regularly closing down migrant workers' private schools.<ref name=TheStar/> The ''hukou'' system also enforced ] similar to those in South Africa.<ref name="autogenerated2" /><ref name=Wildasin>'As in South Africa under ''apartheid'', households in China faced severe restrictions on mobility during the Mao period. The household registration system (''hukou'') system... specified where people could work and, in particular, classified workers as rural or urban workers. A worker seeking to move from rural agricultural employment to urban non-agricultural work would have to apply through the relevant bureaucracies, and the number of workers allowed to make such moves was tightly controlled. The enforcement of these controls was closely intertwined with state controls on essential goods and services. For instance, unauthorized workers could not qualify for grain rations, employer-provided housing, or health care.' Wildasin, David E. 'Factor mobility, risk, inequality, and redistribution' in David Pines, Efraim Sadka, Itzhak Zilcha, ''Topics in Public Economics: Theoretical and Applied Analysis'', Cambridge University Press, 1998, p. 334.</ref><ref name=ChanSenser /><ref name=Chan>The permit system controls ] in a similar way to the passbook system under apartheid.Most migrant workers live in crowded dormitories provided by the factories or in shanties. Their transient existence is precarious and exploitative. The discrimination against migrant workers in the Chinese case is not racial, but the control mechanisms set in place in the so-called free labor market to regulate the supply of cheap labor, the underlying economic logic of the system, and the abusive consequences suffered by the migrant workers, share many of the characteristics of the apartheid system.' Chan, Anita. ''China's Workers Under Assault: The Exploitation of Labor in a Globalizing Economy'', M.E. Sharpe, 2001, p. 9.</ref><ref name=Chan/><ref name=Waddington>'The application of these regulations is reminiscent of apartheid South Africa's hated pass laws. Police carry out raids periodically to round up those tho do not possess a temporary residence permit. Those without papers are placed in detention centres and then removed from cities.' Waddington, Jeremy. ''Globalization and Patterns of Labour Resistance'', Routledge, 1999, p. 82.</ref><ref>'HIGHLIGHT: Discrimination against rural migrants is China's apartheid: Certainly, the discrimination against the country-born is China's form of apartheid. It is an offence against human rights on a much bigger scale than the treatment of the tiny handful of dissidents dogged enough to speak up against the state.' 'Country Cousins', '']'', 8 April 2000.</ref><ref>'...China's apartheid-like system of residency permits.' Yao, Shunli. , '']'', June 2002.</ref> Rural workers required six passes to work in provinces other than their own,<ref name=TheStar/> and periodic police raids rounded up those without permits, placed them in detention centers, and deported them.<ref name=Waddington/> As in South Africa, the restrictions placed on the mobility of migrant workers were pervasive,<ref name=TheStar/> and transient workers were forced to live a precarious existence in company dormitories or ], suffering abusive consequences.<ref name=Chan/> Anita Chan comments further that China's household registration and temporary residence permit system has created a situation analogous to the passbook system in apartheid South Africa, which were designed to regulate the supply of cheap labor. | |||
| The ] has justified these practices on the grounds that they have assisted the police in tracking down criminals and maintaining public order, and provided demographic data for government planning and programs.<ref name=Laquian>'The ''hukou'' system has been criticized in some quarters and has been called "the equivalent of and apartheid system between rural and urban residents" (''China Labor Bulletin'', 25 February 2002). However, the Ministry of Public Security has continued to justify the ''hukou'' system as an instrument for keeping public order (the ministry said it allowed the police to track down criminals more easily) and for providing demographic data for planning and program formulation.' Laquian, Aprodicio A. ''Beyond Metropolis: The Planning and Governance of Asia's Mega-Urban Regions'', Johns Hopkins University Press, 2005, pp. 320–321.</ref> | |||
| ===Freedom of association=== | |||
| {{main|Freedom of association|Labour law|}} | |||
| China does not allow freedom of association in general; in particular, it does not allow a free choice of membership with trade unions and political parties. Under the ] (UDHR), articles 20 and 23, every worker has the right to join an association of their choosing, to have their interests represented against their employer, and to take ] including the ]. In China, on a model similar to the ] from 1934 to 1945 in Germany, the ] has a monopoly on union activity: it is effectively a nationalised organisation. This dynamic violates ] Conventions Number ] and ] on freedom of association and collective bargaining. The leadership of the ACFTU is not freely elected by its members, and it is not independent from the state or employers. | |||
| The CPC effectively monopolises organised political activity in China. There is, therefore, no possibility of genuine electoral competition at any level of government, nor within the Party itself. This violates the UDHR article 21(1), which states, 'Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.' | |||
| ===Religious freedom=== | |||
| {{Main|Freedom of religion in the People's Republic of China}} | |||
| During the ] (1966–1976), particularly the ] campaign, religious affairs of all types were persecuted and discouraged by ]. Many religious buildings were looted or destroyed. Since then, there have been efforts to repair, reconstruct and protect historical and cultural religious sites.<ref>Trevor H.B. Sofield and Li, Fung Mei Sarah: Annals of Tourism Research, 25 (2), 1998, pp. 362–392</ref> In its International Religious Freedom Report for 2013, the US Department of State criticized China as follows: | |||
| <blockquote> | |||
| The government’s respect for and protection of the right to religious freedom fell well short of its international human rights commitments. (...) The government harassed, detained, arrested, or sentenced to prison a number of religious adherents for activities reported to be related to their religious beliefs and practices. These activities included assembling for religious worship, expressing religious beliefs in public and in private, and publishing religious texts. There were also reports of physical abuse and torture in detention.<ref>United States Department of State, , 2013.</ref> | |||
| </blockquote> | |||
| The 1982 Constitution provides its citizens the right to believe in any religion, as well as the right to refrain from doing so: | |||
| <blockquote> | |||
| Citizens of the People's Republic of China enjoy freedom of religious belief. No state organization, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination.<ref>", ''People''s daily China</ref> | |||
| </blockquote> | |||
| Members of the Communist Party are officially required to be ],<ref>{{cite web|title=Country of Origin Information Report: China|url=http://www.homeoffice.gov.uk/rds/pdfs07/china-190107.doc |publisher=Google |date=28 April 2011 |accessdate=9 May 2011}}</ref> but this rule is not regularly enforced and many party members privately engage in religious activities.<ref></ref> | |||
| ====Christianity==== | |||
| The Chinese government tries to maintain tight control over all organized religion, including Christianity. The only legal Christian groups, the ] and the ], are under the ]'s control. The members of the illegal, underground Catholic church true to the Pope{{dubious|date=January 2013}} and members of Protestant ] face prosecution from PRC authorities.<ref name="Pegasus">{{Cite book | |||
| | edition = First Edition, First Printing | |||
| | publisher = Pegasus | |||
| | isbn = 1-933648-47-3 | |||
| | last = Hewitt | |||
| | first = Duncan | |||
| | title = China: Getting Rich First: A Modern Social History | |||
| | date = 15 June 2008 | |||
| }}</ref> | |||
| <ref> | |||
| Nicola Davison , The Guardian, 24 May 2011.</ref> | |||
| In 2007, the Chinese Patriotic Catholic Association elected a Catholic bishop of Beijing to replace the deceased Fu Tieshan.<ref>{{cite web|url=http://www.asianews.it/index.php?l=en&art=9856&size=A|title=The new Bishop of Beijing is elected}}</ref> The standard Catholic practice is for a bishop to be appointed by the Pope;<ref>{{cite web|url=http://usccb.org/about/leadership/appointing-bishops.cfm|title=How Bishops Are Appointed}}</ref> the Catholic Church does not recognize the legitimacy of bishops elected by the Association, but not appointed by the Pope.<ref>{{cite web|url=http://www.vatican.va/holy_father/benedict_xvi/letters/2007/documents/hf_ben-xvi_let_20070527_china_en.html|title=Letter of the Holy Father Pope Benedict XVI to the bishops, priests, consecrated persons, and lay faithful of the Catholic Church in the People's Republic of China}} (See in particular section 8, paragraph 12; and section 10, paragraph 6.)</ref> According to Pope Benedict XVI, the Catholic Church in particular is viewed in China as a foreign power. Its situation is somewhat analogous to that of the Catholic Church in Post-Reformation England, in which the official church was also controlled by the state.<ref name="Pegasus"/><ref>{{cite web|url=http://www.vatican.va/holy_father/benedict_xvi/letters/2007/documents/hf_ben-xvi_let_20070527_china_en.html|title=letter of Pope Benedict XI to the Catholic Church in the PRC}}</ref> | |||
| ====Tibetan Buddhism==== | |||
| The ] is a highly influential figure in ], who has traditionally lived in Tibet. Because of Chinese governmental control over the Tibetan area, the ] resides in ], in the ]. In ], the Chinese government declared that after 1 September 2007, " living Buddha without government approval, since the Qing dynasty, when the live Buddha system was established.".<ref name=permissiontoreincarnate>{{Cite news|url=http://www.religiongonecrazy.com/china-tells-crazy-living-buddhas-to-obtain-permission-before-they-reincarnate/}}</ref> The PRC Government-appointed ] is labelled a fake<ref>{{Cite news|url=http://www.washingtonpost.com/wp-dyn/content/article/2006/04/23/AR2006042301349.html|title=World's youngest political prisoner turns 17 | work=The Washington Post | accessdate=2 April 2010 | date=23 April 2006}}</ref> by those who regard the PRC's effort to control organised religion as contradictory to the Universal Declaration of Human Rights and other ethical principles. | |||
| Examples of the political controls exercised over religion in 1998 include:<ref name="icywind">{{Cite news|url=http://query.nytimes.com/gst/fullpage.html?res=9B00E5DF1630F93BA25752C1A96E958260&sec=&spon=&pagewanted=all|title=Icy Wind From Beijing Chills the Monks of Tibet | work=The New York Times | first=Seth | last=Faison | date=18 November 1998 | accessdate=2 April 2010}}</ref> | |||
| *quotas on the number of monks to reduce the spiritual population | |||
| *forced denunciation of the Dalai Lama as a spiritual leader | |||
| *the expulsion of unapproved monks from monasteries | |||
| *forced recitation of patriotic scripts supporting China | |||
| *Restriction of religious study before age 18 | |||
| Monks celebrating the reception of the US Congressional Gold Medal<ref>{{cite web|last=Un News Centre|title=China must urgently address rights violations in Tibet – UN senior official|publisher=United Nations}}</ref> by the Dalai Lama have been detained by the PRC.<ref>{{cite web|url=http://www.tchrd.org/press/2007/pr20071023.html|title=Forcing silence in Tibet as Dalai Lama receives US Congressional Gold Medal}}</ref> In November 2012 the United Nations Human Rights Commissioner urged China to address the allegations of rights violations in Tibet; the violations had led to an alarming escalation of 'desperate' forms of protest in the region, including self-immolations.<ref name="UN News Centre"/> | |||
| ====Falun Gong==== | |||
| {{Main|Persecution of Falun Gong|History of Falun Gong}} | |||
| The Communist Party launched a campaign to "eradicate" ] on 20 July 1999. The suppression is characterised by multifaceted propaganda campaign, a program of enforced ideological conversion and re-education, and a variety of extralegal coercive measures such as arbitrary arrests, ], and physical ], sometimes resulting in death.<ref name="Amnesty1">{{Cite web|url=http://www.amnesty.org/en/library/info/ASA17/011/2000/en |title=China: The crackdown on Falun Gong and other so-called "heretical organizations"|date=23 March 2000|publisher=Amnesty International|accessdate=17 March 2010}}</ref> | |||
| An extra-constitutional body called the ] was created to lead the suppression of Falun Gong.<ref name=CECC2008>Congressional-Executive Commission on China (31 October 2008) Retrieved 24 December 2013.</ref> The authorities mobilized the state media apparatus, judiciary, police, army, the education system, families and workplaces against the group.<ref name=wildgrass>{{cite book|last=Johnson|first=Ian|title=Wild Grass: Three Portraits of Change in Modern China|year=2005|publisher=Vintage|location=New York, NY|isbn=0375719199|url=http://www.amazon.com/Wild-Grass-Portraits-Change-Modern/dp/0375719199}}</ref> The campaign is driven by large-scale propaganda through television, newspaper, radio and internet.<ref name=Leung>Leung, Beatrice (2002) 'China and Falun Gong: Party and society relations in the modern era', Journal of Contemporary China, 11:33, 761 – 784</ref> There are reports of systematic torture,<ref name=heretical>(23 March 2000) , Amnesty International</ref><ref name=breaking>{{cite news|author=Philip Pan and John Pomfret|title=Torture is Breaking Falun Gong|newspaper= Washington Post|date= 5 August 2001| url=http://faluninfo.net/article/566/ | accessdate=10 April 2012 }}</ref> illegal imprisonment, forced labor, ]<ref name=orgharv/> and abusive psychiatric measures, with the apparent aim of forcing practitioners to recant their belief in Falun Gong.<ref>Mickey Spiegel (2002) Human Rights Watch</ref> | |||
| Foreign observers estimate that hundreds of thousands and perhaps millions of Falun Gong practitioners have been detained in "re-education through labor" camps, prisons and other detention facilities for refusing to renounce the spiritual practice.<ref name=CECC2008/><ref name=Departmentof>U.S. Department of State, </ref> Former prisoners have reported that Falun Gong practitioners consistently received "the longest sentences and worst treatment" in labor camps, and in some facilities Falun Gong practitioners formed the substantial majority of detainees.<ref name=HumanRights>Human Rights Watch of report December 2005</ref><ref>Leeshai Lemish, , National Post 7 October 2008</ref> As of 2009 at least 2,000 Falun Gong adherents had been tortured to death in the persecution campaign,<ref>Andrew Jacobs. , New York Times, 27 April 2009.</ref> with some observers putting the number much higher.<ref name=Jay/> | |||
| =====Organ harvesting===== | |||
| {{Main|Organ harvesting from Falun Gong practitioners in China|Persecution of Falun Gong#Organ harvesting}} | |||
| ] | |||
| In 2006 allegations emerged that the vital organs of non-consenting Falun Gong practitioners had been used to supply China's organ tourism industry.<ref name=orgharv/><ref>] (24 November 2008) The Weekly Standard</ref> | |||
| The ]<ref name=orgharv/><ref name=theage060708>Reuters, AP (8 July 2006) , ''The Age'', (Australia)</ref><ref name=Ottawa>Endemann, Kirstin (6 July 2006) CanWest News Service; ''Ottawa Citizen'' </ref> stated, "the source of 41,500 transplants for the six year period 2000 to 2005 is unexplained" and "we believe that there has been and continues today to be large scale organ seizures from unwilling Falun Gong practitioners".<ref name=orgharv>], ] (6 July 2006, revised 31 January 2007) (free in 22 languages) organharvestinvestigation.net</ref> | |||
| ] | |||
| ] interviewed over 100 witnesses and estimated that 65,000 Falun Gong prisoners were killed for their organs from 2000 to 2008.<ref name=Jay>] (25 August 2014) , National Review</ref><ref>Viv Young (11 August 2014) New York Journal of Books</ref><ref name=Slaughter>Ethan Gutmann (August 2014) "Average number of Falun Gong in Laogai System at any given time" Low estimate 450,000, High estimate 1,000,000 p 320. "Best estimate of Falun Gong harvested 2000 to 2008" 65,000 p 322. amazon.com</ref><ref>Barbara Turnbull (21 October 2014) The Toronto Star</ref> | |||
| In 2008, two United Nations Special Rapporteurs reiterated their requests for "the Chinese government to fully explain the allegation of taking vital organs from Falun Gong practitioners and the source of organs for the sudden increase in organ transplants that has been going on in China since the year 2000".<ref>, The Information Daily.com, 9 May 2008</ref> | |||
| ===Political freedom=== | |||
| The People's Republic of China is a signatory to the ], but has not ratified it. Legally, all citizens of the People's Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of ethnicity, race, sex, occupation, family background, religious belief, education, property status, or length of residence, except for persons deprived of political rights according to laws imposed by CPC regulations. | |||
| In Mao's China, the CPC openly ] all opposing political groups. This behaviour is now reflected in the judicial system, and has evolved into the selective repression of small groups of people who overtly challenge the ]<ref>{{Cite journal | url = http://books.google.com/?id=t6Tb1IVqHfgC&pg=PA295&dq=Political+repression+China#v=onepage&q=Political%20repression%20China&f=false | title = China's Future: Constructive Partner or Emerging Threat? | isbn = 9781882577873 | author1 = Carpenter | first1 = Ted Galen | last2 = Dom | first2 = James A | year = 2000}}</ref> or its ]. The most recent major movement advocating for political freedom was obliterated through the ] in 1989, the estimated death toll of which ranges from about 200 to 10,000 depending on sources.<ref>, ]. Retrieved 21 May 2007 {{zh icon}}</ref><ref name="TE">Timperlake, Edward. 1999 (1999). Red Dragon Rising. Regnery Publishing. ISBN 0-89526-258-4</ref> In November 1992, 192 Chinese political activists and democracy advocates submitted a petition to the 16th ] to introduce political reforms. One of the six demands was the ratification of the Covenant. As a reaction to the petition, the Chinese authorities arrested ], proponent of the petition, and are still holding a number of activists for attempted subversion. | |||
| One of the most famous dissidents is ], who is known for standing up against the ].<!--so what about Zhang?? --><ref name="Scarlet">Zheng, Yi. Sym, T. P. Terrill, Ross. 1996 (1996). Scarlet Memorial: Tales of Cannibalism in Modern China. Westvuew Press. ISBN 0-8133-2616-8.</ref> | |||
| In October 2008, the government denounced the ]'s decision to award the ] to ] ], maintaining that it was 'gross interference in China's domestic affairs' to give such an award to a 'jailed criminal.. in disregard of repeated representations.'<ref>{{cite news|url=http://www.telegraph.co.uk/news/worldnews/asia/china/3249742/China-furious-at-EU-human-rights-award-to-criminal-dissident-Hu-Jia.html|first=Bruno|last=Waterfield|date=24 October 2008|title=China furious at EU human rights award to 'criminal' dissident Hu Jia|newspaper=The Daily Telegraph|location=London}}</ref> | |||
| On 8 December 2008, two days before the release of ], ] was arrested. He and 302 other Chinese citizens had signed the Charter, a manifesto released on the 60th anniversary of the adoption of the Universal Declaration of Human Rights (10 December 1948), written in the style of the Czechoslovakian ]. Charter 08 called for greater freedom of expression, human rights, and free elections.{{citation needed|date=November 2011}} As of May 2009, the Charter had collected over 9,000 signatures from Chinese of various walks of life.{{citation needed|date=March 2014}} | |||
| Although the Chinese government does not violate its people's privacy as much or as overtly as it used to,<ref>{{Cite news|url=http://www.economist.com/world/asia/displaystory.cfm?story_id=5389362|title=The long march to privacy |newspaper=The Economist | date=12 January 2006}}</ref> it still deems it necessary to keep track of what people say in public. Internet forums are strictly monitored, as are international postal mail (which sometimes is inexplicably delayed, or simply disappears) and e-mail.<ref name="autogenerated4" /> | |||
| Local officials are chosen by election, and even though non-Communist Party candidates are allowed to stand, those with dissident views can face arbitrary exclusion from the ballot, interference with campaigning, and even ].<ref>{{cite news|newspaper=]|url=http://www.npr.org/2011/09/14/140464168/tweeting-to-electoral-victory-in-china-maybe-not|title=Tweeting To Electoral Victory in China? Maybe Not|date=14 September 2011|accessdate=15 October 2011}}</ref> | |||
| ] rates China as a 6 (the second lowest possible rank) in political freedoms. In 2011, the organization said of the Chinese political leadership: | |||
| <blockquote>With a sensitive change of leadership approaching in 2012 and popular uprisings against authoritarian regimes occurring across the Middle East, the ruling Chinese Communist Party showed no signs of loosening its grip on power in 2011. Despite minor legal improvements regarding the death penalty and urban property confiscation, the government stalled or even reversed previous reforms related to the rule of law, while security forces resorted to extralegal forms of repression. Growing public frustration over corruption and injustice fueled tens of thousands of protests and several large outbursts of online criticism during the year. The party responded by committing more resources to internal security forces and intelligence agencies, engaging in the systematic enforced disappearance of dozens of human rights lawyers and bloggers, and enhancing controls over online social media.<ref>{{cite web|title=Freedom in the World 2012|url=http://www.freedomhouse.org/report/freedom-world/2012/china-0|publisher=Freedom House|accessdate=2 April 2012}}</ref></blockquote> | |||
| === Freedom to enjoy a clean and healthy environment === | |||
| According to the president of the China Society for Human Rights, the pursuit of a clean environment is among the most basic of human rights; ] considers clean air, water and soil human rights as well.<ref> ] October 23, 2013</ref> Principle 1 of the ], adopted in 1972, establishes a foundation for linking human rights and environmental protection, declaring that 'man has a fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.<ref name="Human Rights and the Environment"></ref> The ] includes in its enumeration of rights access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions.<ref name="Human Rights and the Environment"/> | |||
| ==== Air ==== | |||
| Air pollution is a major environmental risk to health. The lower the levels of air pollution in a city, the better respiratory, and cardiovascular health of the population. Reducing air pollution reduces ], ], and ].<ref> WHO</ref> | |||
| Beijing is classified among the most air-polluted cities by the ] (WHO).<ref></ref> In China the air is often unhealthy as a result of ]. In ] the concentration of dangerous particulate matter in the air rose to 505 mg/m<sup>3</sup> in February 2014. The WHO recommends a safe level of under 25 mg/m<sup>3</sup>.<ref>{{cite web|url=http://www.theguardian.com/world/gallery/2014/feb/25/air-pollution-in-china-in-pictures|title=Air pollution in China – in pictures|work=the Guardian|accessdate=5 March 2015}}</ref> | |||
| The most air polluted cities in China in 2013 were, in order from greater to lesser: ], ], ], ], ], ], ], ], ] and ]. According to ], millions of Chinese live in air pollution above emergency levels for a third of the year, and several cities have had a year with no good-quality air days.<ref> The Guardian 6 March 2014</ref> | |||
| ==One-child policy== | |||
| {{Main|One-child policy}} | |||
| ] | |||
| China's birth control policy, known widely as the one-child policy, was implemented in 1979 by Chairman Mao Zedong's government to alleviate the overpopulation problem. Having more than one child is illegal and punishable by fines. ] cites critics who argue that the policy contributes to forced abortions, human rights violations, female infanticide, abandonment and ], which are believed to be relatively commonplace in some areas of the country.<ref>{{cite web|url=http://www.voanews.com/english/archive/2005-09/2005-09-26-voa6.cfm?CFID=17626358&CFTOKEN=49646296|title=Researchers Urge China to Relax Its One-Child Family Planning Policy|publisher=Voanews|date=26 September 2005}}</ref> Sex-selective abortions are thought to have been a significant contribution to the gender imbalance in mainland China, where there is a 118:100 ratio of male to female children reported.<ref>{{Cite news|title=Gender imbalance in China could take 15 years to correct|url=http://www.guardian.co.uk/world/2007/jan/24/china.international|accessdate=19 April 2008 | work=The Guardian | location=London | date=24 January 2007 | first1=Ben | last1=Blanchard}}</ref><ref>{{cite web|title=China grapples with legacy of its 'missing girls'|url=http://www.msnbc.msn.com/id/5953508 |accessdate=19 April 2008}}</ref><ref>{{cite web|title=China vows to halt growing gender imbalance|url= http://english.people.com.cn/200701/23/eng20070123_343739.html|accessdate=19 April 2008}}</ref> Forced abortions and sterilizations have also been reported.<ref>{{Cite news|url=http://www.cnn.com/WORLD/asiapcf/9806/11/china.abortion/|publisher=CNN |title=China abortion | deadurl=yes}} {{Dead link|date=August 2010|bot=RjwilmsiBot}}</ref><ref>{{cite news|url= http://www.chron.com/disp/story.mpl/front/5094395.html|title= Chinese victims of forced late-term abortion fight back|accessdate=30 August 2007 |date= 30 August 2007 |agency=Associated Press|author=Alexa Olesen}}</ref> | |||
| It has also been argued that the one-child policy is not effective enough to justify its costs, and that external factors caused a dramatic decrease in Chinese fertility rates to begin even before 1979. The policy seems to have had little impact on rural areas (home to about 80% of the population), where birth rates never dropped below 2.5 children per female.<ref>{{cite web|url=http://www.overpopulation.com/faq/Population_Control/one_child.html |title=China's One Child Policy|author=Brian Carnell|date= 17 May 2000 |archiveurl = http://web.archive.org/web/20010516010636/http://www.overpopulation.com/faq/Population_Control/one_child.html |archivedate = 16 May 2001}}</ref><!-- who is Brian Carnell? How reliable is the source? -- briancarnell.com appears only to be a blog--> Nevertheless, the Chinese government and others estimate that at least 250 million births have been prevented by the policy.<ref name=stepsup>{{Cite news|url=http://news.bbc.co.uk/2/hi/asia-pacific/941511.stm|publisher=BBC News |title=China steps up 'one child' policy|date=25 September 2000 | accessdate=5 January 2010}}</ref> | |||
| In 2002, the policy was amended to allow ethnic minorities and Chinese living in rural areas to have more than one child.{{citation needed|date=December 2010}} The policy was generally not enforced in rural areas of the country even before this amendment. It has also been relaxed in urban areas, allowing people to have two children.<ref>{{cite web|url=http://geography.about.com/od/populationgeography/a/onechild.htm|title=Geography.about.com population}}</ref> | |||
| Chinese state-run media reported on 3 June 2013 that the city of ] is considering legislation to fine women who have children out of wedlock, or with men married to other women. The fine is considered a 'social compensation fee', and has been sharply criticized for potentially exacerbating the problem of abandoned children.<ref>Tom Phillips, , 3 June 2013, The Telegraph.</ref> | |||
| ==Executions (Death Penalty/Capital Punishment)== | |||
| {{Main|Capital punishment in the People's Republic of China}} | |||
| {{see also|Death penalty}} | |||
| {{capital punishment}} | |||
| According to Amnesty International, throughout the 1990s more people were executed or sentenced to death in China than in the rest of the world put together.<ref name=Becker/> | |||
| The death penalty in mainland China is officially administered only to offenders of serious and violent crimes, such as ], but China retains in law a number of nonviolent death penalty offences such as ]. The People's Republic of China administers more official ] than any other country, though other countries (such as Iran and Singapore) have higher official execution rates.<ref name="wp">{{cite news| url=http://www.washingtonpost.com/wp-dyn/content/article/2008/12/23/AR2008122302795.html | work=] | title=China's Capital Cases Still Secret, Arbitrary | first1=Maureen | last1=Fan | first2=Ariana Eunjung | last2=Cha | date=24 December 2008 | accessdate=16 August 2010}}</ref> Reliable NGOs such as Amnesty International and Human Rights in China have informed the public that the total execution numbers, with unofficial death penalties included, greatly exceed officially recorded executions; in 2009, the ] estimated that 5,000 people were executed in China – far more than all other nations combined.<ref name=Duihua>Dui Hua Foundation, , Dialogue, Issue 40, Fall 2010.</ref> The precise number of executions is regarded as a state secret. | |||
| ] have recently been pursuing measures to reduce the official number of crimes punishable by death and limit how much they officially utilise the death penalty. In 2011, the ] adopted an amendment to reduce the number of capital crimes from 68 to 55.<ref>- Retrieved 6 April 2012</ref> Later the same year, the ] ordered lower courts to suspend death sentences for two years and to 'ensure that it only applies to a very small minority of criminals committing extremely serious crimes.'<ref name="ibt">International Business Times, , 25 May 2011.</ref> | |||
| The death penalty is one of the classical ] of the ]. In ], the death penalty was supported by the ], but its application was tempered by the ], who preferred rehabilitation over punishment of any sort, including capital punishment.<ref name="Scobell">{{Cite journal|title=The Death Penalty in Post-Mao China|first=Andrew|last=Scobell|journal=]|date=September 1990|pages=503–520|issue=123|doi=10.1017/S0305741000018890|volume=123}}</ref> In Communist philosophy, ] urged the retention of the death penalty, whilst ] and ] claimed that the practice was feudal and a symbol of capitalist oppression. Chairman Mao of the Communist Party of China and his government retained the death penalty's place in the legal system, whilst advocating that it be used for a limited number of ]. The market reformer ] after him stressed that the practice must not be abolished, and advocated its wider use against ] and ]. Leaders of the PRC's ] parties have also advocated for greater use of the death penalty. Both Deng and Mao viewed the death penalty as having tremendous popular support, and portrayed the practice as a means to 'assuage the people's anger'.<ref name="Scobell"/> | |||
| The death penalty has widespread support in China, especially for violent crimes, and no group in government or civil society vocally advocates for its abolition.<ref name="Scobell"/> Surveys conducted by the ] in 1995, for instance, found that 95 percent of the Chinese population supported the death penalty, and these results were mirrored in other studies.<ref>{{cite web |url=http://news.qq.com/a/20080403/000918_1.htm |script-title=zh:学者称死刑未必公正 政治家应引导民意废除 |date=3 April 2008 |work=] |publisher=青年周末 |accessdate=7 June 2012|language=Chinese}}</ref> Polling conducted in 2007 in Beijing, ] and ] found a more moderate 58 percent in favor of the death penalty, and further found that a majority (63.8 percent) believed that the government should release execution statistics to the public.<ref name=Duihua/> | |||
| A total of 55 crimes are punishable by death, including some non-violent, ]s such as ] and ]. Execution methods include lethal injections and shooting.<ref name="amnesty2008">{{cite web|url=http://www.amnesty.org/en/library/info/ACT50/003/2009/en|title=Death sentences and executions in 2008|date=24 March 2009|publisher=Amnesty International|accessdate=23 December 2009}}</ref> The ] carries out the executions, usually at 10:00 a.m.<ref>{{Cite news| url=http://articles.latimes.com/2007/jul/11/world/fg-execute11 | work=Los Angeles Times | title=Chinese applaud execution of former drug safety chief | first=Mark | last=Magnier | date=11 July 2007 | accessdate=4 May 2010}}</ref> | |||
| Death sentences in post-] mainland China can be politically or socially influenced. In 2003, a local court sentenced the leader of a ] to a death sentence with two years of probation. However, the public opinion was that the sentence was too light. Under public pressure, the supreme court of Communist China took the case and retried the leader, resulting in a death sentence, which was carried out immediately.<ref>{{Cite news|url=http://www.chinadaily.com.cn/en/doc/2003-12/23/content_292554.htm|title=Gang leader executed after retrial|date=23 December 2003|accessdate=16 August 2010|publisher=]}}</ref> | |||
| ===Execution protocol=== | |||
| The execution protocol is defined in criminal procedure law, under article 212:<ref>{{cite web|url=http://www.lehmanlaw.com/resource-centre/laws-and-regulations/general/criminal-procedure-law-of-the-peoples-republic-of-china-1996.html|title=Criminal Procedure Law of the People's Republic of China – 1996|date=17 March 1996|publisher=]}}</ref> | |||
| <blockquote> | |||
| :Before a people's court executes a death sentence, it shall notify the people's procuratorate at the same level to send personnel to supervise the execution. | |||
| :Death sentences shall be executed by means of shooting or injection. | |||
| :Death sentences may be executed at the execution ground or in designated places of custody. | |||
| :The judicial personnel directing the execution shall verify the identity of the criminal offender, ask him if he has any last words or letters, and then deliver him to the executioner for the death sentence. If, before the execution, it is found that there may be an error, the execution shall be suspended and the matter shall be reported to the Supreme People's Court for decision. | |||
| :Execution of death sentences shall be announced to the public, but shall not be held in public. | |||
| :The attending court clerk shall, after an execution, make a written record thereon. The people's court that caused the death sentence to be executed shall submit a report on the execution to the Supreme People's Court. | |||
| :The people's court that caused the death sentence to be executed shall, after the execution, notify the family of the criminal offender. | |||
| </blockquote> | |||
| In some areas of China, there is no specific execution ground. A scout team chooses a place in advance to serve as the execution ground. In such a case, the execution ground normally will have three perimeters: the innermost 50{{nbsp}}meters is the responsibility of the execution team; the 200-meter radius from the center is the responsibility of the ]; and the 2-kilometer alert line is the responsibility of the local police. The public is generally not allowed to view the execution. | |||
| The role of the executioner was fulfilled in the past by the People's Armed Police. In recent times, the legal police force ({{zh|c=法警|p=fǎ jǐng|links=no}}) assumed this role. | |||
| Since 1949, the most common method of execution has been ]. This method has been largely superseded by ], using the same three-drug cocktail pioneered by ], introduced in 1996. ]s are unique to China, however. Lethal injection is more commonly used for 'economic crimes' such as corruption, while firing squads are used for more common crimes like murder. In 2010, Chinese authorities moved to have lethal injection become the dominant form of execution; in some provinces and municipalities, it is now the only legal form of capital punishment.<ref>Congressional-Executive Commission on China, , 10 October 2010, p 98.</ref> The Dui Hua foundation notes that it is impossible to ascertain whether these guidelines are closely followed, as the method of execution is rarely specified in published reports.<ref name=Duihua/> | |||
| ===Criticism=== | |||
| Human rights groups and foreign governments have heavily criticised China's use of the death penalty for a variety of reasons, including its application for non-violent offences, allegations of the use of torture to extract confessions, legal proceedings that do not meet international standards, and the government's failure to publish statistics on the death penalty.<ref>Amnesty International, , 28 March 2011, pp 19 -20.</ref> However, as acknowledged by both the ] and the ], the vast majority of death sentences are given for violent, nonpolitical crimes which would be considered serious in other countries.<ref name="Scobell"/> | |||
| The ] has accused Chinese hospitals of using the organs of executed prisoners for ].<ref>David Fickling, , The Guardian, 19 April 2006.</ref> Under Chinese law, condemned prisoners must give written consent to become organ donors, but because of this and other legal restrictions on organ donation, an international ] in organs and cadavers from China has developed.<ref>Ian Cobain, , The Guardian, 12 September 2005.</ref><ref>David Barboza, , The New York Times, 8 August 2006.</ref> In 2009, Chinese authorities acknowledged that two-thirds of organ transplants in the country could be traced back to executed prisoners and announced a crackdown on the practice.<ref>Peter Foster, , The Telegraph, 26 August 2009.</ref> | |||
| ===Wrongful executions=== | |||
| At least four people have been considered wrongfully executed by PRC courts. | |||
| ] (Chinese: 魏清安, circa 1951{{spaced ndash}} 1984) was a Chinese citizen who was executed for the rape of Liu, a woman who had disappeared. The execution was carried out on 3 May 1984 by the Intermediate People's Court. In the next month, Tian Yuxiu (田玉修) was arrested and admitted that he had committed the rape. Three years later, Wei was officially declared innocent.<ref>{{cite web|url=http://news.9ask.cn/Article/sdzz/201007/830981.shtml |title=魏清安案：法院枪口下还有多少冤案待昭雪？-法治新闻-中顾法律网 |publisher=News.9ask.cn |date=21 July 2010 |accessdate=13 August 2012}}</ref> | |||
| ] (Chinese: 滕兴善, ?{{spaced ndash}} 1989) was a Chinese citizen who was executed for having raped, robbed and murdered Shi Xiaorong (石小荣), a woman who had disappeared. An old man found a dismembered body, and police forensics claimed to have matched the body to the photo of the missing Shi Xiaorong. The execution was carried out on 28 January 1989 by the ] Intermediate People's Court. In 1993, the missing woman returned to the village, saying she had been kidnapped to Shandong. The absolute innocence of the executed Teng was not admitted until 2005.<ref>{{cite web|url=http://news.sohu.com/20060214/n241816037.shtml |title=滕兴善 一个比佘祥林更加悲惨的人-搜狐新闻 |publisher=News.sohu.com |date=2 April 2007 |accessdate=13 August 2012}}</ref> | |||
| ] (Chinese: 聂树斌, 1974{{spaced ndash}} 1995) was a Chinese citizen who was executed for the rape and murder of Kang Juhua (康菊花), a woman in her thirties. The execution was carried out on 27 April 1995 by the ] Intermediate People's Court. In 2005, ten years after the execution, Wang Shujin (Chinese: 王书金) admitted to the police that he had committed the murder.<ref>{{cite web|url=http://www.infzm.com/content/69228 |title=南方周末 – 聂树斌案，拖痛两个不幸家庭 |publisher=Infzm.com |date=10 February 2012 |accessdate=13 August 2012}}</ref> | |||
| ] (Chinese: ], 1977{{spaced ndash}} 1996) was an ]n who was executed for the rape and murder of a young girl on 10 June 1996. On 5 December 2006, ten years after the execution, Zhao Zhihong (Chinese: 赵志红) wrote the ''Petition of my Death Penalty'', admitting that he had committed the crime.{{citation needed|date=August 2012}} | |||
| ==Torture== | |||
| ], a ] practitioner from Liaoning province, was reported tortured to death in custody in 2005.<ref>http://www.amnesty.de/umleitung/2006/deu03/031?lang=de%26mimetype%3dtext%2fhtml</ref>]] | |||
| {{further|Re-education through labour|black jails}} | |||
| Although China outlawed torture in 1996, human rights groups say brutality and degradation are common in Chinese ] centres, ] prisons and ]. While the existence of black jails is acknowledged by at least part of the government,<ref>{{cite news|title=北京昌平区政府承认"黑监狱"属实 拒透露细节|url=http://news.china.com/zh_cn/social/1007/20110803/16684230.html|date = 3 August 2011}}</ref> the CPC strongly denies facilitating the operation of such jails and officially cracks down on them, leading to at least one trial.<ref>{{cite news|url=http://www.chinavalue.net/Finance/Blog/2010-9-29/482946.aspx|title=安元鼎：北京截访"黑监狱"调查 |date= 24 September 2010}}</ref> | |||
| In May 2010, the ] officially passed new regulations in an attempt to nullify evidence gathered through violence or intimidation in their official judicial procedures, and to reduce the level of torture administered to prisoners already in jails. Little is known, however, about whether or how procedures were modified in black jails, which are not officially part of the judicial system. The move came after a public outcry following the revelation that a farmer, convicted for murder based on his confession under torture, was in fact innocent. The case came to light only when his alleged victim was found alive, after the defendant had spent ten years in prison.<ref>{{Cite news|title=Farmer released after serving ten years for murder as 'victim' turns up alive|url=http://www.timesonline.co.uk/tol/news/world/asia/article7121815.ece|work=The Sunday Times |location=UK |date=10 May 2010 |accessdate=19 April 2011 |first=Leo |last=Lewis}}</ref> International human rights groups gave the change a cautious welcome.<ref name=NYTmay2010>, ''The New York Times'', 31 May 2010</ref> | |||
| ==Political abuse of psychiatry== | |||
| {{main|Political abuse of psychiatry#China}} | |||
| In 2002, ] published a book by ], titled ''Dangerous Minds: Political Psychiatry in China Today and its Origins in the Mao Era'' and based on documents obtained by him.<ref name="Munro">{{cite book|last=Munro|first=Robin|title=Dangerous minds: political psychiatry in China today and its origins in the Mao era|year=2002|publisher=Human Rights Watch|isbn=1-56432-278-5|url=http://books.google.com/books?id=ek8BtI3moPMC&printsec=frontcover}} (Google Books)</ref><ref name="Munro HTML">{{cite book|last=Munro|first=Robin|title=Dangerous Minds: Political Psychiatry in China Today and its Origins in the Mao Era|year=2002|publisher=Human Rights Watch|isbn=1-56432-278-5|url=http://www.unhcr.org/refworld/docid/3deb868a1.html}} (HTML)</ref> Munro is a sinologist who was writing his dissertation in London after a long sojourn in China. He had travelled to China several times to survey libraries in provincial towns and had gathered a large amount of literature which bore the stamp 'secret', though it was openly available.<ref name="van Voren 2009">{{cite book|last=van Voren|first=Robert|title=On Dissidents and Madness: From the Soviet Union of Leonid Brezhnev to the "Soviet Union" of Vladimir Putin|year=2009|publisher=Rodopi|location=Amsterdam—New York|isbn=978-90-420-2585-1|page=242|url=http://books.google.com/books?id=tyDIKu8XsgcC&printsec=frontcover#PPA242,M1}}</ref>{{rp|242}} This literature included historical analyses going back to the days of the ], and concerned articles and reports on the number of people who were taken to mental hospitals because they complained of a series of issues.<ref name="van Voren 2009"/>{{rp|242}} Munro found that the involuntary confinement of members of religious groups, political dissidents, and whistleblowers had a lengthy history in China.<ref name="Freedman">{{cite journal|last=Freedman|first=M|title=Dangerous Minds: Political Psychiatry in China Today and Its Origin in the Mao Era|journal=Psychiatric Services|date=October 2003|volume=54|pages=1418–1419|url=http://psychservices.psychiatryonline.org/cgi/content/full/54/10/1418-a|accessdate=10 December 2010|doi=10.1176/appi.ps.54.10.1418-a|issue=0}}</ref> The abuse had begun in the 1950s and 1960s, and had grown extremely prevalent throughout the Cultural Revolution from 1966 to 1976.<ref name="van Voren 2009"/>{{rp|242}} It achieved its apogee during that period, under the reign of ] and the ], who had established a very repressive and harsh regime.<ref name="Freedman"/> No deviance or opposition in thought or in practice was tolerated.<ref name="Freedman"/> | |||
| The documents told of a massive abuse of psychiatry for political purposes during the leadership of Mao Zedong, during which millions of people had been declared mentally sick.<ref name="van Voren 2009"/>{{rp|242}} In the 1980s, according to the official documents, there was political involvement in fifteen per cent of all forensic psychiatric cases.<ref name="van Voren 2009"/>{{rp|242}} By the early 1990s, the numbers had dropped to five per cent, but with beginning of the campaign against Falun Gong, the percentage again increased quite rapidly.<ref name="van Voren 2009"/>{{rp|242}} | |||
| Chinese official psychiatric literature testifies distinctly that the Communist Party's notion of 'political dangerousness' has long since been institutionally engrafted into the diagnostic armory of China's psychiatry, and included in the main concept of psychiatric dangerousness.<ref name="Munro"/>{{rp|4}} | |||
| The People’s Republic of China is the only country which appears to abuse psychiatry for political purposes in a systematic way, and despite international criticism, this abuse seems to be continuing as of 2010.<ref name="van Voren 2010">{{cite journal |author=van Voren R. |title=Political Abuse of Psychiatry—An Historical Overview |journal=Schizophrenia Bulletin |volume=36 |issue=1 |pages=33–35 |year=2010 |pmid=19892821 |pmc= 2800147|doi=10.1093/schbul/sbp119 |url=http://www.gip-global.org/images/46/516.pdf}}</ref> Political abuse of psychiatry in the People’s Republic of China is high on the agenda in the international psychiatric community, and has produced recurring disputes.<ref name="van Voren 2010"/> The abuses there appear to be even more widespread than in the Soviet Union in the 1970s and 1980s and involve the incarceration of petitioners, human rights workers, trade union activists, followers of the Falun Gong movement, and people complaining against injustices by local authorities.<ref name="van Voren 2010"/> | |||
| It appears that before 1989, China had few if any high security forensic institutions.<ref name="van Voren 2009"/>{{rp|243}} However, since then, the Chinese authorities have constructed an entire network of special forensic mental hospitals called ''Ankang'', which means 'Peace and Health' in Chinese.<ref name="van Voren 2009"/>{{rp|243}} By 2009, China had had 20 ''Ankang'' institutions staffed by employees of the Ministry of State Security.<ref name="van Voren 2009"/>{{rp|243}} The psychiatrists who worked there were wearing uniforms under their white coats.<ref name="van Voren 2009"/>{{rp|243}} | |||
| The political abuse of psychiatry in China seems to take place only in the institutions under the authority of the police and the Ministry of State Security, not in those belonging to other governmental sectors.<ref name="van Voren 2009"/>{{rp|243}} Psychiatric care in China falls into four sectors that rarely overlap:<ref name="van Voren 2009"/>{{rp|243}} | |||
| *''Ankang'' institutions of the Ministry of State Security | |||
| *institutions belonging to the police | |||
| *institutions that fall under the authority of the Ministry of Social Affairs | |||
| *institutions belonging to the Ministry of Health.<ref name="van Voren 2009"/>{{rp|243}} | |||
| The sectors belonging to the police and to the Ministry of State Security are closed sectors, and, consequently, information about them rarely leaks out.<ref name="van Voren 2009"/>{{rp|243}} In the hospitals belonging to the Ministry of Health, psychiatrists did not contact the ''Ankang'' institutions, and had no idea of what occurred there; they could sincerely state that they were not informed of political abuse of psychiatry in China.<ref name="van Voren 2009"/>{{rp|243}} | |||
| In China, the structure of forensic psychiatry was to a great extent identical to that in the USSR.<ref name="van Voren 2009"/>{{rp|243}} This is not strange, since psychiatrists of the ] visited Beijing in 1957 to help their Chinese brethren: the same psychiatrists who promoted the system of ].<ref name="van Voren 2009"/>{{rp|243}} As a consequence, diagnostics were not much different than in the Soviet Union.<ref name="van Voren 2009"/>{{rp|244}} The only difference was that the Soviets preferred ] as a diagnosis, and the Chinese generally clove to the diagnosis of ] or ].<ref name="van Voren 2009"/>{{rp|244}} However, the results were the same: long hospitalization in a mental hospital, involuntary treatment with ]s, torture, abuse, all aimed at breaking the victim's will.<ref name="van Voren 2009"/>{{rp|244}} | |||
| In accordance with Chinese law that defines political harm to society as legally dangerous mentally ill behavior, police take into mental hospitals 'political maniacs,' defined as persons who write reactionary letters, make anti-government speeches, or 'express opinions on important domestic and international affairs.'<ref name=NYT>{{cite news|title=Contortions of Psychiatry in China|url=http://www.nytimes.com/2001/03/25/opinion/contortions-of-psychiatry-in-china.html?pagewanted=print&src=pm|accessdate=6 April 2012|newspaper=]|date=25 March 2001}}</ref> Psychiatrists are frequently caught involved in such cases, unable and unwilling to challenge the police, according to ] psychiatry professor Yu Xin.<ref name=Demick>{{cite news|last=Demick|first=Barbara|title=China poised to limit use of mental hospitals to curb dissent|url=http://www.latimes.com/news/nationworld/world/la-fg-china-psychiatric-20120317,0,1464909,print.story|accessdate=6 April 2012|newspaper=]|date=16 March 2012}}</ref> As Mr. Liu's database suggests, today’s most frequent victims of psychiatric abuse are political dissidents, petitioners, and Falun Gong members.<ref name="LaFraniere">{{cite news|last1=LaFraniere|first1=Sharon|last2=Levin|first2=Dan|title=Assertive Chinese Held in Mental Wards|url=http://www.nytimes.com/2010/11/12/world/asia/12psych.html?_r=1&pagewanted=print|accessdate=22 March 2012|newspaper=]|date=11 November 2010}}</ref> In the early 2000s, Human Rights Watch accused China of locking up Falun Gong members and dissidents in a number of Chinese mental hospitals managed by the Public Security Bureau.<ref name="LaFraniere"/> Access to the hospitals was requested by the ] (WPA), but denied by China, and the controversy subsided.<ref name="LaFraniere"/> | |||
| The WPA attempted to present the problem as solely a Falun Gong issue. They appeared to desire, among other things, to make the impression that the members of the movement were likely not mentally sound, and that it was a sect which likely brainwashed its members.<ref name="van Voren 2009"/>{{rp|245}} They created a diagnosis of 'qigong syndrome', referring to the exercises practiced by Falun Gong.<ref name="van Voren 2009"/>{{rp|245}} The WPA was trying to avoid the political abuse of psychiatry from dominating its agenda.<ref name="van Voren 2009"/>{{rp|245}} | |||
| In August 2002, the General Assembly of the WPA was held during the WPA World Congress in ].<ref name="van Voren 2009"/>{{rp|247}} The issue of Chinese political abuse of psychiatry had been placed as one of the final items on the agenda of the General Assembly.<ref name="van Voren 2009"/>{{rp|251}} When the issue was broached during the General Assembly, a decision was made to send an investigative mission to China.<ref name="van Voren 2009"/>{{rp|252}} The visit was projected for the spring of 2003, in order to assure that a representative of the WPA could present a report during the Annual Meeting of the ] in May 2003, as well as at the annual meeting of the British ] in June and July of that year.<ref name="van Voren 2009"/>{{rp|252}} The 2003 investigative mission never took place, and when the WPA did organize a visit to China, it was more a scientific exchange.<ref name="van Voren 2009"/>{{rp|252}} In the meantime, the political abuse of psychiatry persisted unabated.<ref name="van Voren 2009"/>{{rp|252}} | |||
| ==Ethnic minorities== | |||
| {{Main|List of ethnic groups in China|List of endangered languages in China|Ethnic minorities in China|Ethnic issues in China|Affirmative action in China}} | |||
| There are 55 ] in China. Article 4 of the Chinese constitution states 'All nationalities in the People's Republic of China are equal', and the government argues that it has made efforts to improve ethnic education and increased ethnic representation in local government. Some groups are still fighting for recognition as minorities. In the 1964 Census, there were 183 nationalities registered, of which the government recognized 54.<ref>{{cite web|url=http://www.refworld.org/docid/4954ce5b23.html|title=Refworld - World Directory of Minorities and Indigenous Peoples - China : Overview|author=United Nations High Commissioner for Refugees|work=Refworld|accessdate=5 March 2015}}</ref> | |||
| Some policies cause ], in which Han Chinese or even ethnic minorities from other regions are treated as second-class citizens in the ethnic region.<ref>{{cite web | |||
| |url = http://www.tangben.com/Himalaya.htm | |||
| |author=徐明旭 | |||
| |title=陰謀與虔誠﹕西藏騷亂的來龍去脈 | |||
| }}</ref><ref>{{Cite journal | |||
| |title=Colonialism, genocide, and Tibet | |||
| |author=Sautman, B. | |||
| |journal=Asian Ethnicity | |||
| |volume=7 | |||
| |pages=243–265 | |||
| |year=2006 | |||
| |publisher=Routledge | |||
| |doi=10.1080/14631360600926949 | |||
| |issue=3 | |||
| }}</ref> Similarly, there are wide-ranging preferential policies (] programs) in place to promote social and economic development for ethnic minorities, including preferential employment, political appointments, and business loans.<ref>{{Cite journal | |||
| |title=The impact of economic reform on China's minority nationalities | |||
| |author=Mackerras, C. | |||
| |journal=Journal of the Asia Pacific Economy | |||
| |volume=3 | |||
| |pages=61–79 | |||
| |year=1998 | |||
| |publisher=Routledge | |||
| |doi=10.1080/13547869808724636 | |||
| |issue=1 | |||
| }} | |||
| </ref> Universities typically have quotas reserved for ethnic minorities, even if they have lower admission test scores.<ref>{{Cite journal | |||
| |title=Preferential policies for ethnic minority students in China's college/university admission | |||
| |author=Tiezhi, W. | |||
| |journal=Asian Ethnicity | |||
| |volume=8 | |||
| |pages=149–163 | |||
| |year=2007 | |||
| |publisher=Routledge | |||
| |doi=10.1080/14631360701406288 | |||
| |issue=2 | |||
| }} | |||
| </ref> Ethnic minorities are also more often exempt from the ], which targets the Han Chinese. | |||
| Stern punishments of independence-seeking demonstrators, rioters, or terrorists<ref>{{Cite journal | |||
| |title=Constituting the Uyghur in US—China Relations: The Geopolitics of Identity Formation in the War on Terrorism | |||
| |author=Christoffersen, G. | |||
| |journal=Strategic Insight | |||
| |volume=2 | |||
| |year=2002 | |||
| }}</ref> have led to mistreatment of the ] and ] minorities in Western China. The United States in 2007 refused to help repatriate five Chinese Uyghur ] because of 'past treatment of the Uigur minority'.<ref>{{Cite news | |||
| |title=Chinese Leave Guantánamo for Albanian Limbo | |||
| |url=http://www.nytimes.com/2007/06/10/world/europe/10resettle.html | |||
| |publisher=The New York Times International | |||
| |date=10 June 2007 | |||
| | first=Tim | |||
| | last=Golden | |||
| | accessdate=2 April 2010}}</ref> On the other hand, China has many border regions with large minority populations. For example, ] has 16 million ], and other concentrated Muslim populations such as the ]. Some populations, such as the ], ], and ], are even poorer than the Uyghurs; and there have been 'no reports of separatism, violence, or even Islamic radicalism'{{citation needed|date=March 2014}} among them. The fellow Muslim ], who live with the Uyghurs in the ] area under similar laws and conditions, have not organized rebellions against the state or aligned themselves with ].<ref>{{Cite book|title=Flashpoints in the War on Terrorism|author=Reveron, Derek S.|author2=Murer, Jeffrey Stevenson|publisher=]|isbn=978-0-415-95491-4|page=239}}</ref> In its 2007 annual report to the U.S. Congress, the Congressional-Executive Commission on China said the Chinese government "provides incentives for migration to the region from elsewhere in China.<ref>{{cite web|url=http://www.washingtonpost.com/wp-dyn/content/article/2008/08/01/AR2008080100933.html?sid=ST2008080502593|title=Uighurs and China's Xinjiang Region|publisher=|accessdate=5 March 2015}}</ref> ], the ], said on April 2014 that China faces increasing threats to national security and the government could impose tougher controls on its ethnic minorities due to terrorist attacks like the ].<ref></ref> | |||
| ==Tibetans== | |||
| {{See also|Human rights in Tibet}} | |||
| Tibetans who opposed the diversion of irrigation water by Chinese authorities to the ] mining operations were detained, tortured and murdered.<ref name="thetibetpost.com">{{cite news|url=http://www.thetibetpost.com/en/news/international/1287-protest-in-hong-kong-against-chinese-mining-in-tibet|title=Protest in Hong kong Against Chinese Mining in Tibet|date=3 December 2010|accessdate=16 June 2011|agency=The Tibet Post International}}</ref><ref name="thetibetpost.com"/> Allegations of what the ] officially labelled 'judicial mutilation' against Tibetans by the ]'s government, and the ], have been cited by the PRC as reasons to ] for what they claim was the welfare of Tibetans,<ref>Barnett, Robert, in: Blondeau, Anne-Marie and Buffetrille, Katia (eds). ''Authenticating Tibet: Answers to China’s 100 Questions'' (2008) University of California Press. ISBN 978-0-520-24464-1 (cloth); ISBN 978-0-520-24928-8 (paper).</ref> although their claims of 'judicial mutilation' are controversial and subject to scepticism and dispute by foreign countries and international organisations. Conflicting reports about Tibetan human rights have been produced since then. The PRC claims that Tibet has been enjoying a cultural revival since the 1950s, whereas the Dalai Lama says 'whether intentionally or unintentionally, somewhere ] is taking place'.<ref>{{Cite news|url=http://in.reuters.com/article/idINIndia-35648320080925|title=China says it defends Tibetan culture|date=25 September 2008|accessdate=29 July 2010|agency=Reuters India}}</ref><ref>{{cite web|url=http://belfercenter.hks.harvard.edu/publication/1940/legal_standards_and_autonomy_options_for_minorities_in_china.html|title=Legal Standards and Autonomy Options for Minorities in China: THE TIBETAN CASE|date=1 September 2004|publisher=|accessdate=5 March 2015}}</ref> | |||
| Following the ], businesspeople from other parts of China have made many business trips to Tibet, although most do not stay in region. The '']'' has cited this ethnic diversity in Tibet as a cause of "ethnic tensions". It has also disagreed significantly with the promotion by PRC authorities of ] in ] Tibetan societies.<ref name=cmm>{{Cite news|url=http://www.nytimes.com/2010/07/25/world/asia/25tibet.html|title=China’s Money and Migrants Pour into Tibet|first=Edward|last=Wong|authorlink=Edward Wong|date=24 July 2010|accessdate=30 July 2010|work=The New York Times }}</ref> Western politicians often level the charge that the ] are at risk of extinction in Tibet.<ref>{{cite web |url=http://www.freetibet.org/newsmedia/report-reveals-determined-chinese-assault-tibetan-language |title=Report reveals determined Chinese assault on Tibetan language |work=Press Release – 21st February 2008|publisher=Free Tibet|accessdate=7 February 2010}}</ref> Others, however, both inside and outside China and Tibet, claim that for a vast majority of Tibetans, who live in rural areas, the Chinese language is merely introduced as a second language in secondary school.<ref>Sautman, B. 2003. "Cultural Genocide and Tibet,” Texas Journal of International Law 38:2:173-246</ref> | |||
| ==Economic and property rights== | |||
| {{Expand section|date=July 2010}} | |||
| The ] enacted a law in 2007 to protect private property, with the exception of land. Nevertheless, according to ] magazine, local Chinese authorities have used brutal means to expropriate property, in a bid to profit from the construction boom.<ref>{{cite web|url=http://www.spiegel.de/international/world/0,1518,709691,00.html |title=Der Spiegel: 'Chinese Fight Property Seizures by the State', 3 August 2010 |work=Der Spiegel |date=28 July 2010|accessdate=9 May 2011}}</ref> | |||
| ==HIV/AIDS and rights related to sexuality== | |||
| {{See also|HIV/AIDS in the People's Republic of China}} | |||
| In 2001, ] was removed from the official list of ].<ref>{{cite web|url=http://www.spiegel.de/international/world/life-remains-difficult-for-gays-and-lesbians-in-china-a-887674.html |title=Life Remains Difficult for Gays and Lesbians in China |work=Der Spiegel |date= March 8, 2013}}</ref> China recognizes neither ] nor ]s.<ref>{{cite news|author=Tania Branigan in Beijing |url=http://www.guardian.co.uk/world/2009/feb/25/gay-rights-china-beijing |title=Gay rights China Beijing |publisher=Guardian |accessdate=2013-08-17 |location=London |date=25 February 2009}}</ref> | |||
| Another problem is that a man's sexual rights cannot be protected by the laws of China. According to the criminal law of China, only females can be victims of rape, a ] cannot accuse the rapists (The rapists can be men or women) of rape. However, the criminal law of China had been amended in October 2014 thus males can be victims of indecency.<ref>{{http://npc.people.com.cn/n/2014/1027/c14576-25915262.html}}</ref> | |||
| ==Other human rights issues== | |||
| {{See also|Nanjing anti-African protests}} | |||
| Workers' rights and privacy are contentious human rights issues in China. There have been several reports of core ] conventions being denied to workers. One such report was released by the ] in October 2006; it documented ] violations, long work hours, and inappropriate actions towards workers by management.<ref> by , October 2006</ref> Workers cannot form their own unions in the workplace; they may only join state-sanctioned ones. The extent to which these organizations can fight for the rights of Chinese workers is disputed.<ref name="autogenerated4">{{cite web|url=http://hrw.org/english/docs/2006/01/18/china12270.htm|title=Overview of human rights issues in china}}</ref> | |||
| The policy toward refugees from ] is a recurring human rights issue. It is official policy to repatriate these refugees to North Korea, but the policy is not evenly enforced and a considerable number of them stay in the People's Republic. Though it is in contravention of international law to deport political refugees, as illegal immigrants their situation is precarious. Their rights are not always protected,<ref>{{cite web|url=http://www.hrw.org/reports/2002/northkorea/norkor1102-01.htm|title=HRW: North Koreans in People's Republic of China}}</ref> and some are tricked into marriage or prostitution.<ref> by Norma Kang Muico, Anti-Slavery International 2005.</ref> | |||
| African students in China have complained about their treatment in China. Their complaints largely ignored until 1988{{ndash}}9, when 'students rose up in protest against what they called "Chinese apartheid{{'"}}.<ref name=Robinson>Robinson, Thomas W. & Shambaugh, David L. ''Chinese Foreign Policy: Theory and Practice'', Oxford University Press, p. 315.</ref> African officials took notice of the issue, and the ] issued an official protest. The organization's chairman, President ] of ], went on a fact-finding mission to China.<ref name=Robinson/> A 1989 report in '']'' stated: 'these practices could threaten Peking's entire relationship with the continent.'<ref name=Snow>Snow, Phillip. "Third World Report: 'Chinese apartheid' threatens links with Africa", '']'', 20 January 1989.</ref> | |||
| The United Nations reports that it has had difficulty in arranging official visits to China by UN Special Rapporteurs on various human rights issues.<ref>{{cite web|last=United Nations News Centre|title=China must urgently address rights violations in Tibet – UN senior official|url=http://www.un.org/apps/news/story.asp?NewsID=43399&Cr=China&Cr1#.UTH17hnpbqM|publisher=United Nations|accessdate=2 March 2013}}</ref> | |||
| ==Position of the PRC government== | |||
| {{anchor|Counterarguments by the PRC Government}} | |||
| The ] has argued that its concept of ']'<ref>{{cite web|url=http://www.eko-haus.de/menzius/universal.htm#_ftnref3|title=Confucian claim to universal principles}}</ref> requires that the welfare of the collective should always be put ahead of the rights of any individual whenever conflicts between these arise. Its position is that the government has the responsibility to design, implement and enforce a ']'<ref>{{Cite news | |||
| |url=http://english.peopledaily.com.cn/200506/27/eng20050627_192495.html | |||
| |title=Building harmonious society crucial for China's progress: Hu | |||
| |work=People's Daily |date=27 June 2005 | |||
| }}</ref> and a ']'. | |||
| The People's Republic of China emphasizes state sovereignty, which at times conflicts with the international norms or standards of human rights. However, its concept of human rights has developed radically over the years. From 1949 to the late 1970s, the CPC focused on promoting the rights of the masses: collective rights rather than individual human rights. Deng Xiaoping went as far to say that the right of a nation, or sovereignty (''guoquan'') is more important than human rights (''renquan''), and right of subsistence (''shengcun quan'') is more fundamental than political freedom.<ref>Gu Chunde and Zheng Hangsheng, eds., ''Renquan, cong shijie dao Zhongguo: dang dai Zhongguo ren quan de li lun yu shi jian'' (Human Rights, From the World to China: The Theories and Practice Studies of Chinese Human Rights Today) (Beijing: Dangjian chubanshe , 1999), pp. 300–1.</ref> However, from the beginning of economic reforms in 1978 to the 1989 Tiananmen incident and democratic movement, the CPC raised concerns for human rights in their domestic and international policies. In 1991, China officially accepted the idea that human rights were compatible with Chinese socialism, and in 1993 the state created the China Society for Human Rights Studies, which has represented Chinese positions on human rights in international forums, conferences, and media. China went on to sign two treaties - the ] (ICESCR) and the ](ICCPR) in 1997 and 1998, respectively. {{as of|2013}}, the PRC had signed more than 20 international treaties on human rights.<ref>China: An international Journal, Volume 9, Number 2, September 2011(China and International Human Rights Diplomacy), pp.223-225</ref> However, in practice China still does not follow these standards. China has adopted measures that would uphold certain human rights policies within their socialist environment. The government still questions the international human rights norm, and emphasizes sovereignty over human rights. The PRC is concerned that Western states may be using the concepts of human rights and democracy to justify power politics. | |||
| The Communist Party of China and its affiliates state that in some cases it is necessary to force individuals to sacrifice their rights for what the Party sees as wider, more important requirements of their society. It claims that a strong, powerful, authoritarian government is required in order to regulate the 'potentially conflicting interests of the public'.{{citation needed|date=March 2014}} PRC official statements have argued that their principle of a ] is an apt measure to enforce the compromises they deem necessary to counter these conflicting interests. Those who agree with this position believe that governments with constitutionally determined and restricted authority who grant their citizens ] present in most free nations fail to take on the responsibility of regulating these conflicting interests. This position is highly controversial. | |||
| ===Western human rights=== | |||
| Those who agree with the CPC{{who|date=March 2014}} point towards what they call rapid deterioration in Western societies, claiming that there has been an increase in geographic, religious and racial segregation, rising crime rates, family breakdown, industrial action, vandalism, and political extremism within Western societies. Western groups such as the ] and the United Nations claim to be stopping these types of human rights violations, save for a few violations committed by some western governments (e.g. the ]'s ] programme). The PRC holds the opinion, though, that many alleged negatives about democratic society are a direct result of an excess of individual freedom, saying that ].<ref>{{Cite journal | |||
| |url=http://www.unu.edu/unupress/asian-values.html | |||
| |title="Asian Values" and Democracy in Asia | |||
| |author=Inoguchi, T. and Newman, E. | |||
| |journal=First Shizuoka Asia-Pacific Forum: the Future of the Asia-Pacific Region | |||
| |year=1997}}</ref> | |||
| The government of the PRC holds that these actions in western nations are all violations of human rights. They say that these should be taken into account when assessing a country's human rights record. On occasion they have criticised the United States policies, especially the human rights reports published by its State Department. They cite the opinion that the United States, as well as the United Kingdom, has also violated human rights laws, for example during the invasion of Iraq.<ref>{{Cite news | |||
| |url=http://news.theage.com.au/china-hits-back-at-us-on-rights-says-iraq-war-a-disaster/20080313-1z81.html | |||
| |title=China hits back at US on rights, says Iraq war a disaster | |||
| |work=The Age | |||
| | location=Melbourne | |||
| |date=13 March 2008 | |||
| | first=Guy | |||
| | last=Newey | |||
| }}</ref> They refer as well to the CIA's ]s, used allegedly for ], as well as its highly criticised extraordinary rendition programmes, whereby it allegedly transfers criminals from foreign territory to nations where they could be tortured—though the US government has denied facilitating any of these human rights violations, and British authorities have denied helping them. They respond to the CPC's accusations by reminding them that PRC administrative groups have been accused of operating ], although often sanctioned by official PRC laws. The Communist Party of China strongly denies operating ] the PRC's official laws, and counters that the ] has been known to engage in ] in the US and upon US citizens in other places. | |||
| ===Chinese Definition=== | |||
| The PRC government repeats the often ambiguously and confusingly stated opinion that human rights should encompass what its officials have labelled as '] ] and measures of health and ]'.<ref name="xinhuanet human rights" /> It insists that as economic, cultural and political situations differ substantially between countries, a universal definition of ] literally cannot apply internationally. | |||
| ===Measures Taken=== | |||
| In March 2003, an amendment was officially made to the ], officially yet ambiguously stating that 'The State respects and preserves human rights.'<ref> By Edward Cody</ref> In addition, China was dropped from a list of top ten human rights violators in the annual human rights report released by the U.S. State Department in 2008, though the report indicated that there were still widespread human rights-related issues in the PRC.<ref>{{Cite news|url=http://www.nytimes.com/2008/03/12/washington/12rights.html?_r=1&scp=1&sq=U.S.+drops+china&st=nyt&oref=slogin8|title=U.S. Drops China From List of top 10 Violators of Rights|work=The New York Times | first=Helene | last=Cooper | date=12 March 2008 | accessdate=2 April 2010}}</ref> | |||
| In 1988, the Chinese government began direct village elections to help maintain social and political order whilst facing rapid economic change. Elections now occur in about 650,000 villages across China, reaching 75% of the nation's 1.3 billion people, according to the Carter Center.<ref>{{cite web | |||
| |title=Democratic Village Elections A Sign of Progress | |||
| |url=http://www.cartercenter.org/news/documents/doc35.html | |||
| |publisher=The Carter Center}}</ref> In 2008, ], which enjoys the highest per capita GDP in China, was selected for experimentation, and over 70% of the government officials on the district level are to be directly elected (as of 2008).<ref>{{cite web|url=http://www.gd.gov.cn/govpub/zwdt/dfzw/200803/t20080320_44718.htm|script-title=zh:深圳社区换届直选扩至七成|language=zh}}</ref> However, in keeping with Communist Party philosophy, candidates must be selected from a pre-approved list.<ref>{{cite web | |||
| | url = http://www.amnestyusa.org/2008-us-elections/china-election-brief/page.do?id=1551034 | |||
| | title= China Election Brief | |||
| | publisher=Amnesty International USA | |||
| | accessdate =6 July 2009 | |||
| }}</ref> | |||
| ==See also== | |||
| {{Portal|Human rights|China}} | |||
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| ==Notes== | |||
| {{Reflist|30em}} | |||
| ==References== | |||
| {{Refbegin|60em}} | |||
| * "Country Cousins", '']'', 8 April 2000. | |||
| * , '']'', 2 June 2006. | |||
| * "From politics to health policies: why they're in trouble", '']'', 6 February 2007. | |||
| * "Online encyclopedia Misplaced Pages founder raps firms aiding China censorship", '']'' Financial Wire, 8 March 2007. | |||
| * , '']'', 25 April 2006. | |||
| * , ''International Campaign for Tibet'', 1 June 2006. | |||
| * United States Congressional Serial Set, United States Government Printing Office, 1993. | |||
| * , Tibet Vigil UK, June 2002. Retrieved 25 June 2006. | |||
| * Au Loong-yu, Nan Shan, Zhang Ping. {{PDFlink||2.01 MB}}, Committee for Asian Women, May 2007. | |||
| * Chan, Anita. ''China's Workers Under Assault: The Exploitation of Labor in a Globalizing Economy'', M.E. Sharpe, 2001. ISBN 0-7656-0357-8 | |||
| * Chan, Anita & Senser, Robert A. , '']'', March / April 1997. | |||
| * Ching, Frank. ''China: The Truth About Its Human Rights Record'', ], 2008. ISBN 978-1-84604-138-9 | |||
| * Elliott, Mark C. ''The Manchu Way: The 8 Banners and Ethnic Identity in Late Imperial China'', Stanford University Press, 2001. ISBN 0-8047-3606-5 | |||
| * Goble, Paul. , ''World Tibet Network News'', , 31 August 2001. | |||
| * Laquian, Aprodicio A. ''Beyond Metropolis: The Planning and Governance of Asia's Mega-Urban Regions'', Johns Hopkins University Press, 2005. ISBN 0-8018-8176-5 | |||
| * Lasater, Martin L. & Conboy, Kenneth J. , ], 9 October 1987. | |||
| * Luard, Tim. , '']'', 10 November 2005. | |||
| * Macleod, Calum. , '']'', 10 June 2001. | |||
| * Neville-Hadley, Peter. ''] China'', Frommers.com, 2003. ISBN 0-7645-6755-1 | |||
| * Robinson, Thomas W. & Shambaugh, David L. ''Chinese Foreign Policy: Theory and Practice'', Oxford University Press. ISBN 0-19-829016-0 | |||
| * ] "China's 'Apartheid' Taiwan Policy." '']'', 4 December 1995. | |||
| * Snow, Phillip. "Third World Report: 'Chinese apartheid' threatens links with Africa", '']'', 20 January 1989. | |||
| * von Senger, Harro. "Chinese culture and human rights]" (). In: Wolfgang Schmale (Hrsg.): "Human rights and cultural diversity: Europe, Arabic-Islamic world, Africa, China". Goldbach: Keip, 1993, pp. 281–333 | |||
| * Waddington, Jeremy. ''Globalization and Patterns of Labour Resistance'', Routledge, 1999. ISBN 0-7201-2369-0 | |||
| * Whitehouse, David. {{PDFlink||73.5 KB}}, Paper delivered at the Colloquium on Economy, Society and Nature, sponsored by the Centre for Civil Society at the University of KwaZulu-Natal, 2 March 2006. Retrieved 1 August 2007. | |||
| * Wildasin, David E. "Factor mobility, risk, inequality, and redistribution" in David Pines, Efraim Sadka, Itzhak Zilcha, ''Topics in Public Economics: Theoretical and Applied Analysis'', Cambridge University Press, 1998. ISBN 0-521-56136-1 | |||
| * Yao, Shunli. , '']'', June 2002 | |||
| {{Refend}} | |||
| ==Further reading== | |||
| * Cheng, Lucie, Rossett, Arthur and Woo, Lucie, ''East Asian Law: Universal Norms and Local Cultures'', RoutledgeCurzon, 2003, ISBN 0-415-29735-4 | |||
| * Edwards, Catherine, ''China's Abuses Ignored for Profit'', ], Vol. 15, 20 December 1999. | |||
| *{{cite book |last=Foot |first=Rosemary |title=Rights beyond Borders: The Global Community and the Struggle over Human Rights in China |publisher=Oxford University Press |year=2000 |isbn=0-19-829776-9 }} | |||
| *{{cite journal |last=Jones |first=Carol A. G. |title=Capitalism, Globalization and Rule of Law: An Alternative Trajectory of Legal Change in China |journal=Social and Legal Studies |volume=3 |issue=2 |year=1994 |pages=195–220 |doi=10.1177/096466399400300201 }} | |||
| *{{cite book |last=Klotz |first=Audie |title=Norms in International Relations: The Struggle against Apartheid |publisher=Cornell University Press |year=1995 |isbn=0-8014-3106-9 }} | |||
| *{{cite book |last=Knight |first=J. |last2=Song |first2=L. |year=1999 |title=The Rural-Urban Divide: Economic Disparities and Interactions in China |publisher=Oxford University Press |isbn=0-19-829330-5 }} | |||
| *{{cite journal |last=Martin |first=Matthew D., III |title=The Dysfunctional Progeny of Eugenics: Autonomy Gone AWOL |journal=Cardozo Journal of International Law |volume=15 |issue=2 |year=2007 |pages=371–421 |issn=1069-3181 }} | |||
| *{{cite book |last=Seymour |first=James |chapter=Human Rights in Chinese Foreign Relations |editor-last=Kim |editor-first=Samuel S. |title=China and the World: Chinese Foreign Policy Faces the New Millennium |publisher=Westview Press |year=1984 |isbn=0-8133-3414-4 }} | |||
| * Sitaraman, Srini, , ACDIS ''Occasional Paper'', Program in Arms Control, Disarmament, and International Security, University of Illinois, June 2008. | |||
| * Svensson, Marina, ''The Chinese Debate on Asian Values and Human Rights: Some Reflections on Relativism, Nationalism and Orientalism'', in Brun, Ole. ''Human Rights and Asian Values: Contesting National Identities and Cultural Representations in Asia'', Ole Bruun, Michael Jacobsen; Curzon, 2000, ISBN 0-7007-1212-7 | |||
| * Wang, Fei-Ling, ''Organizing through Division and Exclusion: China's Hukou System'', Stanford University Press, 2005, ISBN 0-8047-5039-4 | |||
| * Zweig, David, ''Freeing China's Farmers: Rural Restructuring in the Reform Era'', M. E. Sharpe, 1997, ISBN 1-56324-838-7 | |||
| * ''The silent majority; China.'' (Life in a Chinese village), ], April 2005 | |||
| * China's Geography: Globalization and the Dynamics of Political, Economic, and Social Change | |||
| * Anwar Rahman. Sinicization Beyond the Great Wall: China's Xinjiang Uighur Autonomous Region | |||
| ==External links== | |||
| * by the ]'s ], 7 February 2009 | |||
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