Violence and Nonviolence in the Uyghur Struggle

First published at opendemocracy.net on 10 October 2014 as Resistance, repression, and the cycle of violence in the Uyghur Struggle.

On Tuesday, September 26, 2014 a Chinese court convicted Ilham Tohti, a Uyghur economics professor, to a life sentence on charges of separatism in a disgracefully political trial. Amnesty International’s China researcher William Nee wrote, “This shameful judgment has no basis in reality. Ilham Tohti worked to peacefully build bridges between ethnic communities and for that he has been punished…”

Ilham Tohti’s conviction should be seen as a symbol sent by the Chinese Communist Party (CCP) to other Uyghurs and a reprisal against Mr. Tohti specifically for his outspoken activism for Uyghur rights. He has been adamant that central government policies have been abusive toward Uyghurs and have fueled conflict. However, he has been steady in his commitment to nonviolent action as the necessary path for Uyghur rights in China, always advocating autonomy never independence, despite contrary claims by the government.

Admittedly, over the past few years, there has been a tragic increase in violent episodes attributed to Uyghur discontent in China. Uyghurs are the ethnically Turkic, predominantly Muslim minority who claim ancient homeland in what is today the northwest Chinese province of Xinjiang, a Chinese word that literally translates as ‘new territory.’

Restive and repressive

Chinese and Uyghur historical narratives have been a source of contention. Uyghurs have suffered from state repression on the basis of cultural, linguistic, and religious rights and been disadvantaged by a number of prejudicial economic policies that favor the majority Han. While Uyghur grievances have sparked unrest in the past, the recent increase of violence is startling.

While the Chinese government has been quick to blame this spate of violence on Islamic radicalization and incitement by foreign forces, which has been used to justify greater securitization, most international human rights organizations point to a systematic assault on Uyghur rights and increasing militarization by the state as causes of escalating instability in Xinjiang.

Commonly reported on are the large-scale outbursts of violence such as the Kunming train station massacre in March 2014 or the Urumqi vegetable market bombing in May the same year, but more common are the countless episodes of everyday resistance and unrest directed at perceived targets of state repression. Many public manifestations begin as small groups of Uyghurs peacefully protest grievances of religious or cultural abuse or in solidarity with a detained friend or relative. This was the case following the questionable death of 17-year old Abdulbasit Ablimit when 17 Uyghur protesters were sentenced to between six months and seven years in prison.

Nonviolent demonstrators are attacked or arrested by security forces, which sometimes leads to radical flanks storming police or government buildings armed with knives and axes, many of whom are then gunned down by security forces and labeled as separatists and terrorists for their outburst. This tends to engender greater resistance to police violence. A similar situation triggered severe unrest in Yarkand in June 2014 that by one account resulted in the death of some 2,000 Uyghurs, although this has not been confirmed.

In such clashes police and government officials as well as civilians have admittedly been killed and no doubt some violent outbursts have been driven by religious fundamentalism, but the uniformity of central government depictions of the cause of violence and the categorical repression of Uyghur dissent challenge the validity of such narratives and fail to address the core instability.

The increase in violent resistance, the ongoing and perhaps escalating crackdown on Uyghur rights advocates, and zero-tolerance for all Uyghur dissent pose two pressing questions.

Firstly, why haven’t we seen more nonviolent resistance by Uyghurs? While Uyghur experts Gardner Bovingdon, James Millward and others have documented nonviolent resistance, it is less frequent than one might expect considering the litany of abuses and grievances generally acknowledged by international organizations.

The silencing of high profile Uyghur rights defenders who advocate for nonviolent resistance has arguably ceded some strategic and intellectual territory to more radicalized forces. The Chinese state seldom discriminates between peaceful and violent dissent among Uyghurs, treating virtually all expressions of grievance as connected to separatist ideology fomented by ‘foreign forces’ and calling for strike-hard campaigns against violent and nonviolent dissent alike.

Secondly, what is the root cause of the rise in violent manifestations in Xinjiang, and how does regime intolerance toward nonviolent resistance impact this? The late social scientist Charles Tilly wrote in Regimes and Repertoires that a government that narrows the openness for tolerated nonviolent civil resistance, such as demonstrations, petitioning or open letters, significantly increases both the likelihood of violent resistance and encourages further violent repression from the state — a cycle of violence.

Acts of dissent, acts of terror

Bovingdon explains in The Uyghurs: Strangers in Their Own Land that in the face of severe repression Uyghurs have for a long time engaged in both nonviolent collective action and everyday resistance, often taking the form of strengthening Uyghur distinctions from Han China and its political order.

Nonviolent civil resistance is more successful in achieving political change than violent insurgencies, explain Erica Chenoweth and Maria Stephan in Why Civil Resistance Works, in large part due to mass participation. Nonviolent movements have fewer barriers to participation, while violent movements have more. As such, state repression aims to increase the costs of participation; repression either constrains resistance or radicalizes tactics toward violence, as movement actors feel they have no opportunity for nonviolent dissent and nothing to lose.

Chinese government rhetoric continues to deny accusations of structural inequality and Uyghur grievances. Ironically, as Millward notes, while “the PRC claims that the Uyghur terrorist problem is foreign in origin, much of China’s effort to combat terrorism is directed domestically at Uyghur cultural expression, thus worsening the Uyghur civil rights problem.”

By claiming that inequality does not exist, delegitimizing Uyghur claims, and circumscribing the available nonviolent channels for Uyghurs to express grievances, CCP policy in Xinjiang continues to engender unrest. The unrest is then labeled as the influence of foreign forces because the government refuses to acknowledge the possible existence of legitimate domestic grievances.

Virtually all Uyghur participation in nonviolent resistance may be labeled as inciting separatism and treated with severe repression, even in the case of those who merely participate in scholarship.

Resistance campaigns begin with cognitive liberation, which is fostered by dissident scholars and inspirational counter-culture figures. They too have been silenced and disappeared, unquestionably affecting the tactics of resistance.

Silencing the Uyghur who speaks

In 1989, Uyghur poet and historian Turghun Almas published a 6,000 year Uyghur history. His scholarship positioned an empowering narrative that contradicted the official Chinese history designed to bolster Beijing’s claims to ancient dominance and to legitimize the Communist trope of emancipating enslaved minorities. The book was blacklisted and Almas was placed under house arrest until his death in 2001. In March 2002, authorities burned countless copies of his book along with thousands of others during raids on bookstalls in Xinjiang.

Two years later, in 2004, Nurmuhemmet Yasin was arrested, found guilty of inciting separatism, and sentenced to 10 years in prison. In 2013, a year before he was scheduled for release, authorities announced that he had died in prison in 2011. His crime had been writing a short story called ‘Wild Pigeon,’ an allegory for Uyghur captivity and abuse in Han-dominated China, an act of symbolic resistance. The magazine editor that published the story received three years in prison.

Abduweli Ayup studied in Turkey and completed his MA in linguistics through a Ford Foundation fellowship at the University of Kansas in 2011. Afterward he returned to Xinjiang and campaigned for Uyghur cultural and linguistic rights. He had a vision to establish Uyghur language kindergartens as a way to resist growing perceptions of assimilationist language policies. He documented his interactions with belligerent officials ‘to let people know how China was treating the status of the Uyghur language,’ said Mamatjan Juma of Radio Free Asia. In August 2013, Ayup was detained and later arrested on spurious charges of ‘illegal fund-raising,’ for selling honey and T-shirts to raise money for his language centers.

Ilham Tohti, with whom we began, was first charged with separatism in July 2014, after months of incommunicado detention. Despite being first detained on January 15, 2014, and constant pleas from his lawyers, he wasn’t allowed legal visitation until June and soon after that meeting one of his lawyers, Wang Yu, was forced out of the case after her law firm was intimidated by the government.

When I first met Mr. Tohti in 2011 he was clear in his discussion of Uyghur rights abuses and unwavering in his commitment to nonviolent resistance as the only strategy for promoting and protecting Uyghur rights. Speaking shortly after the announcement of the charges in July, Nicholas Bequelin of Human Rights Watch told The New York Times that charging Mr. Tohti with separatism “signifies that China is burning all bridges with moderate voices.” Similarly, William Nee of Amnesty International noted, “with violence on the rise in the Xinjiang Uyghur Autonomous Region, it’s difficult to grasp why the authorities would target a prominent Uyghur intellectual known for his commitment to nonviolence and dialogue between ethnic groups.”

Ending the cycle of violence

The Chinese government could do two things to address Uyghur grievances and decrease violent resistance. It could put an immediate end to its categorical repression of all performances of Uyghur resistance, i.e. no longer treating violent and nonviolent dissent alike, and it could immediately release individuals such as Tohti and Ayup who are clear prisoners of conscience.

Detaining and disappearing inspirational figures that advocate nonviolent resistance and moderate rights defense sends a signal to all would-be resisters that no amount of dissent will be tolerated. The state’s refusal either to acknowledge the legitimacy of ongoing grievances or to make structural adjustments, as well as its abusive policies and zero-tolerance toward dissent, will not encourage submission to Beijing’s rule. It will likely radicalize more severe resistance tactics in the vacuum of avenues for nonviolent action and the presence of moderate voices offering cognitive liberation.

The escalating repression of all acts of Uyghur claim-making might portend a deeper feeling of insecurity toward the power or validity of Uyghur grievances by policymakers in Beijing. Gene Sharp has observed that “repression is an acknowledgment by the opponents of the seriousness of the challenge posed by the resistance.” In that sense, one might interpret the brutality of state repression as a response to the Uyghur struggle: the state is actively engaged in decreasing participation in nonviolent resistance and delegitimizing Uyghur grievances by highlighting escalating violence.

Xinjiang or East Turkestan: Contending Historical Narratives and the Politics of Representation in China

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July 5th marked the fifth anniversary of a series of bloody events in Xinjiang collectively labeled as the 7/5 Urumqi riots. Immediately afterward, state and international media set to reporting and analyzing the conflict, scholars and international human rights organizations soon joined. Meanwhile the government in Beijing launched damage control, exerting its monopoly of symbolic power by shutting down Internet connectivity to Xinjiang’s 22 million people for 10 months. From the violence and its aftermath numerous accounts emerged on the causes, significance, grievances, and policies that allowed or perpetuated the violence. Reports differed in placing the dead and disappeared in the hundreds to the thousands. Media and policy discussions ranged from dissecting socio-political to ethnic tensions. While some pointed at historical narratives others ignored them all together in their attempts to answer such questions as ‘who are the Uyghurs,’ or to identify the ‘East Turkestan’ threat in their search to prove or disprove that ‘China has a terrorism problem.’

Explanatory narratives on Uyghurs and Xinjiang have understandably grown more prevalent with rising instability and the violence attributed to Uyghur discontent. These accounts have ranged from statements by the Chinese government about mounting security threats and ‘foreign forces,’ documentation by human rights groups of structural inequality and abuse, or ranged wildly in tone and sophistication from both domestic and international media. However, too few accounts have set to the task of exploring the competing historical narratives, or the significance in controlling those narratives for the identities and lives they impact.

Competing narratives in the politics of representation not only play into how the CCP crafts its policy of dealing with the region and how it understands Uyghur grievances but also influences how Uyghurs perceive their place in central government policies and frame their grievances. In that sense, exploring the competing narratives of history, the provenance of place and the significance of name sheds light on contemporary discontent centered in this contentious region. They are present at the heart of the ongoing conflict. Rather than a passing reference or minor historical footnote they demand greater attention.

Why is it Xinjiang for some and East Turkestan for others? What is the significance in the terms and why has the name and history of the region become so contentious? Representations and narratives are a constituent of identity and group formation. They influence perceptions and the significance of grievances and the vocabularies of power.

I was in Xinjiang in 2009 and happened by chance to leave Urumqi five days before the riot erupted. I returned in 2011, traveling immediately afterward to Turkey where I spent several months doing research among the Uyghur diaspora in Istanbul. I always began my interviews by inquiring how they felt about the word Xinjiang, which literally means ‘new frontier’ in Chinese.

One Uyghur student, who had become a Turkish citizen in 2010, related, “When I hear, every time, that word, Xinjiang, it reminds me that, ‘Oh! You have your place named with another language. You have to change that name.’ It makes me think that way. Always makes me feel, always reminds me that my homeland, home place, or home country, is occupied by another power.”

Another graduate student related, “This word, when I was young, I didn’t have any special feeling. Chinese just call our region Xinjiang. But how do we call it? We don’t have any word. When I went to Malaysia [first left China] I learned something about our flag, our country. I know that place is not Xinjiang. Now, when I hear that word I just think ‘new project,’ a new chance for the Chinese to earn money.”

The preferred name among Uyghurs freer to express symbolic resistance, ‘East Turkestan,’ places them within a pan-Turkic identity and a distinct historical narrative. It is included in the name of many Uyghur rights, cultural and political organizations among the diaspora, as well as violent groups of questionable existence such as the East Turkestan Islamic Movement (ETIM).

In China it is illegal to mention East Turkestan, Dong Tujuesitan, and the image of the East Turkestan flag, a crescent moon and star on a light blue field, is forbidden from public and private space. Human rights organizations have cataloged a number of Uyghurs being arrested and imprisoned for hoisting or displaying the flag in China.

For many Uyghurs ‘East Turkestan’ represents the history of an independent Uyghur nation, challenging the official Chinese narrative. It is little wonder then that the Chinese Communist Party conflates all mention of ‘East Turkestan’ with separatism and terrorism, says University of Kansas anthropologist Arienne Dwyer in a 2005 report on violence in Xinjiang.

It is a war of words and not just over whether to call an act of violence terrorism or not but how to situate a place in history and rectify its name, to use a Confucian concept.

In 1759, Qing troops conquered the Western region in what had been a history of territorial conflict. China has at times admitted this history but used it to state that, as in “History of the Uygurs,” a 2009 China Daily article, “The lives and cultures of people from multiple ethnic groups have been so intertwined for thousands of years that no single group can claim exclusive ownership of this region.” Still, the declaration of terra nullius is generally only put forth by the Chinese government to refute Uyghur historical claims to the region. While most independent historians tend to draw attention to the few thousand years of various Turkic empires that claimed jurisdiction in the region, from the Huns between around 200 BC to the 4th century AD to the Uyghur, Mongolian confederation from 1218 to 1759, Uyghur sources draw on the Turkic link of these empires to claim multiple independent Uyghur kingdoms in what is present day Xinjiang.

The predominant Chinese narrative is that Xinjiang has been the homeland of multiple ethnic groups since ancient times and an integral part of Chinese rule for centuries. Official accounts sometimes claim that Xinjiang was part of the Tang dynasty (618–907 AD) and that large numbers of Uyghurs, then foreigners, didn’t arrive in Xinjiang until the ninth century. Similar accounts stress Uyghur military cooperation with the Tang court in quelling rebellions in Eastern China.

Now when one travels through Xinjiang to sites such as the tomb of the 11th-century Uyghur linguist and cartographer Mahmud al-Kashgari, outside of the Southern Xinjiang town of Kashgar, they are greeted with an introductory plaque that situates him as a subject of the Song Dynasty (960 -1279). This is odd considering accepted maps of Song Dynasty territory don’t extend that far west. Some of Mahmud al-Kashgari’s most important works are stored in Istanbul; meanwhile, addressing the importance of rival narratives, Uyghurs and Uzbeks both claim Kashgari to their respective ethnic groups.

The Chinese insistence on a multiethnic history in the region, although factually not altogether contentious is arguably part of delegitimizing Uyghur claims to a titular national, historical landscape. Still, most independent scholars, such as anthropologist Dru Gladney in his Dislocating China: Reflections on Muslims, Minorities and Other Subaltern Subjects, tend to agree that the area wasn’t incorporated into China until 1821.

Conflict throughout the last two centuries of the Qing Dynasty was protracted. In 1864, Qing garrisons were jolted by the Yakub Beg rebellion, which resulted in the independent Khanate of Kashgaria. However, Beg’s sudden death in Korla in 1877 effectively brought an end to organized resistance to Qing rule. Historian and China expert, James Millward explains in his fastidiously documented Eurasian Crossroad: A History of Xinjiang that although Xinjiang had been treated more as a colony to that point, shortly after Yakub Beg’s death the region was officially made a province in 1884.

Uyghur expert Gardner Bovingdon claims in The Uyghurs: Strangers in Their Own Land that while Chinese officials and scholars had referred to Xinjiang as a colony before the establishment of the People’s Republic of China, “Chinese historians after 1949 would busy themselves erasing any such reference.” The representation of Xinjiang as an ancient and unbroken part of China became the official discourse in national mythologizing after the founding of New China. Furthermore, China is generally understood in terms of the majority ethnicity Han, and another part of the nationalizing project of erasing any reference to Xinjiang as anything but always a part of China is the population influx of Han into Xinjiang. Han residents have grown from 6.7 percent of the population in 1949 to just around half in 2014.

The collapse of the Qing Dynasty in 1911 plunged China into chaos. In Xinjiang, uprisings and brutal crackdowns were prevalent as the region was torn between a series of warlords and the competing geo-political interests of the Soviet Union and emerging rivalry between the Chinese Nationalist and Communist Parties.

On 12 April 1933, the independent East Turkestan Republic (ETR) was established in Kashgar. The leaders of the 1933 ETR were predominantly educators and merchants who had been influential reformers in the 1910s and 20s. Among the goals of the new republic was the cultural and educational revival of Turkic and Uyghur identity. Kashgar, the roughly two thousand year old silk-road oasis, has long been considered the symbolic and spiritual heart of the Uyghur community, a significance that has been enhanced by the legacy of the 33’ republic. It is also this cultural significance that compounds perceptions of oppression with the destruction of Kashgar’s Old City, for example, or reifies feelings of colonization when the preserved sections of the Old City are cordoned off by a Han owned company that charges an entrance fee. When I visited in 2011, those residents willing to speak on the matter told me that they did not receive any proceeds from ticket sales. The first ETR fell within a year to the brutal warlord Sheng Shicai. The Chinese writer and activist Wang Lixiong mentions in his 2007 book My West China, Your East Turkestan that while some of Xinjiang’s Han residents laud Sheng Shicai’s methods, Uyghurs often angrily drew parallels between the savage 20th century warlord and Wang Lequan the hardline CCP General Secretary of Xinjiang from 1994 in 2010.

On 12 November 1944, the second ETR was established in Ghulja, Yining in Chinese, a city in Northern Xinjiang very close to the border with Kazakhstan. Ahmetjan Qasimi, Mehmet Emin Buğra and Isa Yusuf Alptekin were influential forces in the founding of the second republic. They remain Uyghur heroes in popular historical narratives and Ghulja has not lost its spirit of resistance. In 1997 it was the site of one of the region’s largest episodes of contention. On the eve of Ramadan, 5 February 1997, hundreds of Ghulja’s Uyghur residents took to the streets. Amnesty International collected testimony at the time that the demonstrations were a response to growing resentment at heavy police pressure, ‘Strike Hard’ Campaigns, and the direct targeting of cultural and religious rights, a recurring grievance in Xinjiang. According to Global Security, the People’s Liberation Army (PLA) was called in to suppress the demonstrations, killing 167 people and arresting over 5,000 Uyghurs. The 1944 republic ended in similar abruptness. All hopes of lasting independence for the Ghulja based East Turkestan Republic went down in flames on 27 August 1949.

Ahmetjan Qasimi and a coterie of Xinjiang’s top Uyghur intellectuals and political leaders had been invited to Beijing by Mao Zedong to attend the first Chinese People’s Political Consultative Conference. The main task of the CPPCC was to discuss the particulars of the soon to be established People’s Republic of China. Ahmetjan Qasimi, who had kept the second ETR aligned with the Nationalists until toward the end, had switched sides and joined the communists at the encouragement of the Soviet Union and, according to prominent Uyghur narratives I have uncovered, promises from the CCP that Uyghurs would be rewarded with full independence. The plane, crowded with Uyghur leaders, never made it to the conference. In circumstances that would be repeated two decades later with the removal of Mao’s rival Lin Biao, the plane mysteriously crashed along the way.

Their deaths would be kept secret for several months, until the PLA had fully occupied the region. The death of so many well-educated and capable leaders resulted in a leadership vacuum for Xinjiang’s Uyghurs. In her memoir, World Uyghur Congress president Rebiya Kadeer notes, “The death of our leading delegation was too severe a setback for compatriots to overcome, and so our momentum toward independence came to a stop.”

Fearing a crackdown following the mysterious crash, Isa Yusuf Alptekin led a wave of Uyghurs out of Xinjiang into neighboring Kashmir, and Afghanistan. Similar routes have been replicated over the years by Uyghurs fleeing China’s borders, whether as would-be refugees or militants. I met Alptekin’s son Arslan, who was a child at the time, in Istanbul in 2011, only weeks before he passed away. He related the severity of conditions in the escape, remembering frozen corpses on the road as relatives dragged him along.

By 1952, through Alptekin’s lobbying and pressure from the UNHCR, Turkey accepted around 2,000 Uyghur refugees for resettlement in Kayseri, South of Ankara. The establishment of the Uyghur diaspora in Turkey, and later countries, and subsequent waves of refugees out of Xinjiang are important elements in the shaping of the official Chinese narrative on Xinjiang and the threat of ‘foreign forces.’ Middle East scholar and Uyghur expert Yitzhak Shichor has written extensively about this.

Despite a history of indigenous resistance, Chinese sources generally represent the two republics as the product of abusive foreign governments. This is the official position outlined, for example, by Chen Chao in Xinjiang de Fenlie Yu Fanfenlie Douzheng (The struggle of separatism and counter-separatism in Xinjiang). Media sources in China are no different. A 2009 China Daily article following the rioting in Urumqi, “’East Turkistan’ a concept forged by separatists,” states that in the early 20th century and later, ‘a small number of separatists and religious extremists in Xinjiang,’ influenced by overseas extremism and imperialism, ‘politicized the idea of East Turkistan’ and fabricated a history, which had never existed.

Contemporary official rhetoric has not changed. It continues to deny accusations of structural inequality and Uyghur grievances and labels the majority of domestic unrest as the result of ‘foreign forces,’ such as the Munich based World Uyghur Congress, The East Turkestan Foundation in Istanbul, or others. Ironically, as professor Millward notes, while “the PRC claims that the Uyghur terrorist problem is foreign in origin, much of China’s effort to combat terrorism is directed domestically at Uyghur cultural expression, thus worsening the Uyghur civil rights problem.”

By claiming that inequality does not exist, delegitimizing Uyghur claims, and circumscribing the available institutional channels for Uyghurs to report grievances, the CCP policy in Xinjiang continues to engender unrest, which is further labeled as the influence of ‘foreign forces’ because the government continues to deny the possible existence of legitimate domestic grievances. And, soon, all Uyghur discontent, or scholarship, may be labeled as inciting separatism. After all, these designations are left to the government to decide.

Because the CCP has enforced a zero tolerance for critical historiography and public debate domestically, the historical narrative among the Uyghur diaspora has tended to take on more radical interpretations and criticism of Han Chinese accounts. In this sense, by its unrelenting monopoly of symbolic power within the country, the government has institutionalized a domestic narrative that guarantees politicization from foreign sources.

This refusal to acknowledge competing historical narratives is of course repeated in the Party’s silencing of discourse on the 1989 Tiananmen Pro-Democracy Movement and elsewhere. As such, that same year Uyghur poet and historian Turghun Almas published his grand history of the Uyghurs, an impressive 6,000 year challenge to official histories. The book received considerable attention before it was banned a few years later, leading to Almas’ house arrest until his death in 2001. Subsequently, Uyghur historians and scholars have been marginalized as scholarship has become more politicized.

In 2013, with the disappearance and later arrest of Ilham Tohti, the Uyghur economist and Beijing professor who has been an outspoken advocate for Uyghur rights and nonviolent civil resistance, the government continues to circumscribe the boundaries of Uyghur scholarship and limits the mechanisms for Uyghur participation in political and public discourse. The separatism charges against him, and the brutal treatment he has endured while in state custody have been criticized by human rights organizations as reprisal for his rights defense. Some of rights defense was expressed through Uyghur Online, a website he established as a platform for discussion of Uyghur issues and concerns.

Equally concerning is the 2013 disappearance and later imprisonment of Uyghur language rights activist and educator Abduwell Ayup. The severity of his detention continues to imply central government perceptions that Uyghur cultural activism poses a threat. Professor Millward in a recent LA Review of Books article suspects that Chinese leadership and Chinese scholars are uncomfortable with Uyghur cultural uniqueness. I argue a step further in that central government concerns over Uyghur linguistic distinctiveness, the threat of Tohti’s Uyghur Online and Ayups activism for example, stems from its ability to position counter-narratives or alternate vocabularies for expressing grievances.

Xinjiang and Uyghurs have been represented by opposing narratives from all sides. This is understandable considering, as Bovingdon notes, actors in political conflicts often appeal to history to legitimize their cases. Without contextualization, contemporary narratives are sometimes no more than amorphous vocabularies ripe for the politicization of myriad interests. Historical narratives in the founding of a nation are fundamental to how that nation sees itself. They shape the dynamic between the powerful and the subaltern. When that happens, not only the histories themselves but also the languages used to explore and disseminate them become political. In understanding central government policies, accusations of abuse and unrest, claims of domestic grievances or ‘foreign forces,’ and arriving at substantive policy recommendations requires equal acknowledgement of the fundamental narratives and the power of language that resides at the heart of any conflict. Unraveling Xinjiang’s contentious history is no different.

 

The contentious politics of China’s New Citizens Movement

This article was originally published by openDemocracy.net on June 6, 2014. Available here.

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Corruption has been among the grievances that have inspired civil resistance and toppled empires, even in some of the most authoritarian regimes. In China, from indignation over the corrupt Qing Dynasty (1644-1911) that helped mobilize the 1911 Xinhai Revolution, ending the nation’s more than 2,000 years of imperial rule, to anger toward Chiang Kai-Shek’s increasingly venal Guomingdang (Chinese Nationalist Party) that contributed to its overthrow and exile to Taiwan in 1949, corruption has been focal to domestic instability.

More recently, the 1989 student protests that culminated in the Tiananmen Square massacre, which marks its 25th anniversary this June 4, began with posters demanding an end to official nepotism and corruption. Responding to this history of overthrow and unrest, influenced by resentment toward perceptions of corruption, heeding George Santayana’s often quoted warning that those who fail to remember history are doomed to repeat it, the fight against corruption has become a hallmark of Xi Jinping’s administration, at least rhetorically.

When Xi Jinping assumed power as China’s new president, 14 March 2013, he announced a general crackdown on corruption, to considerable applause, at first even from among China’s activist community who had so hoped for a liberal reformer. Xi Jinping’s call for government transparency and an investigation into official corruption encouraged veteran rights defenders to take to the streets in support.

But those who have engaged under the banner of a New Citizens Movement — a designation the government has strategically avoided using even in its patently targeted crackdown on its members — have been rounded up and prosecuted on spurious charges.

Admittedly, the New Citizens Movement is more a loose network of like-minded activists and human-rights defenders than a nationwide social movement. It is both a self-imposed mantle and an implicit charge of dissent from above applied to individuals engaged in myriad actions directed at multiple issues from demanding greater government transparency to championing the rights of migrant workers’ children.

But perhaps because of the common thread that has earned the movement its anti-corruption spirit, at times directly quoting Xi Jinping, authorities have implied the crackdown is targeting not the message but the methods of the movement.

The first years under Xi Jinping have heralded an innovation in regime repression, the manipulation of criminal law to persecute activists and rights defenders, the worst in years. Despite increasing repression of civil society, activists and rights defenders have continued their charge.

Meet China’s New Citizens

Shortly after Xi Jinping declared war on corruption, on 31 March 2013 several Beijing activists unfurled banners and made anti-corruption speeches in the crowded Xidan shopping area. Among them were Ding Jiaxi, a veteran democracy activist and human rights lawyer. He was detained on 17 April and formally arrested for disturbing public order on 24 May 2013. His trial began in late January 2014. As was the case for several other trials linked to the New Citizens Movement, Ding Jiaxi’s proceedings were postponed after he tactically dismissed his lawyer, earning extra time to draw more public attention to his case.

Ding Jiaxi’s retrial began on 8 April 2014. Fellow human rights lawyer Wang Quanping, after driving the nearly 1,400 miles from his hometown in South China to the Beijing Courthouse where Ding Jiaxi and several others were standing retrial, was blocked from the trial and taken away by unidentified men.

He remained incommunicado for two days until the police notified his wife that he had been criminally detained for ‘causing a disturbance.’ For his crime, Wang had pasted decals on his car to read, “The people are welcome to disclose their assets; public servants are exempted.” Ten days later, Ding Jiaxi was sentenced to three and a half years in prison for the charge of disturbing public order. On the same day, fellow activist, Li Wei was sentenced to two years on the same charge.
Outlined in Chapter VI Section I of China’s Criminal Law, the crime of disturbing public order has become a blanket charge applied to civil society activists.

A year ago, following the April 2013 detention of activists involved in the Xidan demonstration, others cautioned that repression would engender further civil resistance and on 21 April 2013 Liu Ping, Wei Zhongping, and Li Sihua, along with nine others protested in Southern Jiangxi Province.

They uploaded photos online of themselves holding posters in solidarity with the recently detained Beijing activists, among them Ding Jiaxi. They also denounced government corruption. The organizers — who would come to be known as the Jiangxi Three — were arrested on charges of disturbing public order. While they were the first to be tried in relation to the New Citizens Movement (on 3 December 2013, although they have still not been sentenced), they are far from new to civil resistance.

Still, like other activists around the country, they were emboldened by the idea of the New Citizens Movement –and eventually persecuted for finding this inspiration in an essay authored by veteran rights defender Xu Zhiyong.

The radicalism of Xu Zhiyong

Xu Zhiyong was detained on 16 July 2013, formally arrested a little more than a month later, and tried on 22 January 2014. He was found guilty of “gathering a crowd to disturb public order” and sentenced to four years in prison.

No stranger to rights defense and civil action, after graduating with a Ph.D. in law from Beijing University, Xu Zhiyong quickly made a name for himself. In 2003, along with his classmate Teng Biao, the two waged a comprehensive campaign against arbitrary detention, launching legal appeals, organizing direct action, engaging with domestic media, publishing open letters, and encouraging international advocacy. That same year the two founded Gongmeng (Open Constitution Initiative), a nonprofit focused on rule of law reform and legal aid.

In 2009, he appeared on the cover of Chinese Esquire. China Dream was the issue’s theme. His dream for China was a country that could be free, where no citizen needed to go against her own conscience. But even as he was being profiled on the cover, he was under detention on charges of tax evasion for his nonprofit Gongmeng, which came suspiciously soon after the organization sponsored research on the deadly March 2008 Lhasa riots. Gongmeng was shuttered but his resolve was not diminished.

One of his clients remembers, “My impression of Mr Xu is that he is a moderate and prudent man.” Xu Zhiyong is often depicted as the equanimous proponent of moderate reform. However, Eva Pils, law professor at the Chinese University of Hong Kong, and Joshua Rosenzweig, a human rights researcher, argue that the China envisioned by Xu Zhiyong is in fact a very radical vision in the one-party state.

To think of him as a moderate does a great disservice to Xu Zhiyong and the “force of popular resistance he and others have successfully coordinated.” The only thing moderate about Xu Zhiyong, they write, “is his unwavering advocacy of nonviolence.” It is this unwavering commitment to strategic nonviolence that encapsulates the New Citizens Movement.

What is the New Citizens Movement?

On 29 May 2012, Xu Zhiyong published an essay beginning as follows:

China needs a new citizens’ movement. This movement is a political movement in which this ancient nation bids utter farewell to authoritarianism and completes the civilized transformation to constitutional governance; it is a social movement to completely destroy the privileges of corruption, the abuse of power, the gap between rich and poor, and to construct a new order of fairness and justice; it is a cultural movement to bid farewell to the culture of autocrats and subjects and instead create a new nationalist spirit; it is the peaceful progressive movement to herald humanity’s process of civilizing.

The New Citizens Movement is “the lawful defense of citizens’ rights, citizens’ nonviolent non-cooperation, and peaceful democracy, all under a new system of ideas and discourse,” a discourse that does not ‘overthrow’ but ‘establish.’

In his closing statement at his trial, which he was only allowed to read for 10 minutes before being cut off by the judge, Xu Zhiyong reiterated:

What the New Citizens Movement advocates is for each and every Chinese national to act and behave as a citizen, to accept our roles as citizens and masters of our country—and not to act as feudal subjects, remain complacent, accept mob rule or a position as an underclass. To take seriously the rights which come with citizenship, those written into the Universal Declaration of Human Rights and China’s Constitution: to treat these sacred rights—to vote, to freedom of speech and religion—as more than an everlasting IOU.

In his 2012 essay he outlined the tactics to be employed to bring about this goal:

Repost messages, file lawsuits, photograph everyday injustices, wear t-shirts with slogans, witness everyday events [specifically referring to the phenomenon of standing in a circle around someone causing a scene to witness it], participate or openly refuse to participate in elections, transcribe [things that you see happen], hold gatherings or marches or demonstrations, do performance art, and use other methods in order to jointly promote citizens’ rights movements and citizens’ non-cooperation campaigns—such as assets reporting, openness of information, opposition to corruption, opposition to housing registration stratification, freedom of beliefs, freedom of speech, and the right of election. Practice the New Citizen Spirit in action. Citizens’ power grows in the citizens’ movement.

It is for advocating such methods — for seizing the reins of Xi Jinping’s own claims against corruption, and mobilizing accordingly — that Xu Zhiyong was found guilty. He was turned into a criminal, states Chinese writer Yaxue Cao, “not under the Chinese law but by the Chinese Communist Party that fears and crushes any sign of social organizing for change.”

Anti-corruption: the ‘Master Frame’

This position on “social organizing for change” indicates a perceived threat to the Party posed by popular mobilization. Indeed, it was an acknowledgement of public opinion, measured against managing the needs of the Party that resulted in Xi Jinping’s announced crackdown on corruption, which became central to the vocabulary of both official and civil society frameworks.

Recognizing corruption as a long-time and exigent problem, as a significant source of civil unrest and inefficiencies between the central and local governments, Xi Jinping no doubt responded to the perception of threat posed by a failure to acknowledge the issue. Coincidentally, the anti-corruption drive also became a convenient way to legitimize a power struggle between rival factions within the CCP, such as the much-broadcast trial of former Chongqing Party Secretary Bo Xilai and the mounting investigation against former security Tsar Zhou Yongkang. Growing perceptions of regime vulnerability to popular unrest and attempts to both respond to and control public opinion mark a regime arguably aware of its vulnerabilities and desperate to maintain its grasp on power.

How does this inform an understanding of the New Citizens Movement? The late social scientist Charles Tilly speaks in terms of ‘political opportunity structures’. He points to, among others, the availability of influential supporters within the regime and the extent to which the regime constrains or facilitates popular claim-making. Evolving from here, sociologist Doug McAdam speaks of ‘cultural opportunity structures’, most relevant of which are the dramatization of a system’s illegitimacy or vulnerability and the availability of a ‘master frame.’

When we combine these elements, we see that Chinese civil society initially perceived Xi Jinping as an influential ally in supporting concerns over official malfeasance. Belief in his resolve to stamp out corruption emboldened collective claim-making by activists who probably expected facilitation in their support of official policy.

At the same time, in making corruption a hallmark of his administration, Xi Jinping’s rhetoric not only echoed existing civil society grievances over corruption but also dramatized perceptions of Party illegitimacy by appearing to yield to public opinion. Finally, despite a diversity of pressing grievances, anti-corruption became a convincing ‘master frame.’ While Xu Zhiyong’s essay spoke of diverse grievances and active citizenship, the above opportunity structure analysis, especially the anti-corruption ‘master frame,’ provided the New Citizens Movement with the force to mobilize activists and for the government to categorically target them.

The New Citizens Movement is based on the principal of organizing without organization, a loose network for mobilizing civil resistance and rights defense in response to a history of repressing formal civil organization.

While the activities of the New Citizens Movement activists have been essentially no different from those of the past, the presence of the corruption ‘master frame’ encouraged a spirit of greater connectivity among activists and perception of threat from authorities. However, despite the discussion of a ‘New Citizens Movement’ by activists and third-party supporters, during the course of its crackdown and trials the authorities made sure never to mention it by name, out of concern for further emboldening and acknowledging a movement.

But, despite their many efforts to stave off greater mobilization inspired by the ideals of the New Citizens Movement, the Party must know that eventually the force of popular mobilization will be too great to disregard by mere omission. As Xu Zhiyong wrote in his closing statement, “The day will come when the 1.3 billion Chinese will stand up from their submissive state and grow to be proud and responsible citizens.”

 

Urging Nonviolence After Tiananmen

In commemoration of the Tiananmen Massacre, the following is from a pamphlet issued by the Autonomous Federation of Students on June 4th, 1989. It outlines and reiterates the need to remain nonviolent.

“This fascist massacre pushes the people of the entire nation beyond the outer limits of toleration. The blood will not have been shed in vain; the struggle most not end here. But, fellow students and countrymen, our position is firmly opposed to fighting violence with violence. The river of blood must not become an ocean. Our sacrifice has already been tragic enough. It is already enough to show clearly that the Li Peng government is the enemy of the people and that its days are numbered. We do not have our own army; we are defenseless in the face of modern, well-equipped troops. But nonviolent struggle is the people’s right, and its power is beyond imagining. Our duty now is to expose to the world the true face of this bloody massacre. We call upon people in Beijing and the entire nation to strike work and boycott the marketplace, and we entreat the support of the international community.

Fellow students and countrymen, from the beginning of this movement to the very end, we have led the masses using reason and wisdom. Now, at this critical juncture, our responsibility is even more momentous. The best commemoration of the victims will be not more bloodshed but the achievement of final victory. In peaceful struggle the people eventually will win. Eternal glory to the martyrs of democracy!”

– Quoted from Andrew Nathan and Perry Link’s impressive The Tiananmen Papers p. 508.

Yue Yuen and the world

This article was originally published on May Day as ‘Yue Yuen: wildcat strieks and autonomous labor struggles in China’ at ROAR Magazine, reflections on a revolution, as part of a series on labor resistance, available here.

In China, the Communist Party (CCP) and the All China Federation of Trade Unions (ACFTU) promote and protect workers’ rights. In reality, however, elite interests most often prevail, submerging workers’ rights in the tide of global capitalism. The response has been increasing civil resistance. According to one study, there were 1.171 strikes and labor protests between June 2011 and the end of 2013, and much of April 2014 was marked by one of the largest episodes of resistance in modern Chinese labor history.

On Monday, April 14, 2014, 10.000 workers at the Yue Yuen Dongguan shoe factory took to the streets in protest of the company’s ongoing failure to pay its 70.000 employees their full social security and housing allowance. Worker grievances also included the thousands of fraudulent contracts they had been forced to sign, which prevented their children from enrolling in local schools, forcing them to pay for migrant worker children’s schools. These are common grievances among China’s some 250 million migrant workers.

The strikes, which had been intermittent since April 5, came to their first crescendo that Monday as hundreds of riot police swarmed the crowd. Despite the show of force and minimal arrests, the workers were undaunted, and by the following week the demonstrators numbered around 40.000. Government censors instructed domestic media to delete content related to the incident.

The strike at Yue Yuen, the largest sports shoe manufacturer in the world, supplying Adidas, Nike, Puma, Crocs and others, was supported by labor rights organizations, such as the Shenzhen-based Chunfeng Labor Justice Service Department. Meanwhile, union presence was minuscule. That substantive union support was conspicuously absent in one of the largest labor rights demonstrations in modern China is telling.

China Labour Bulletin, a Hong Kong rights organization, quoted one striking worker: “I personally have not seen any union staff, although I heard that they have issued a comment, which no one gives damn about… They are now giving us instructions, but where the hell were they when the company violated our rights?! I have worked at Yue Yuen for almost two decades, and I don’t even know who our union president is.”

The ACFTU is the largest trade union in the world, with around 239 million members according to 2010 figures. However, the legitimacy of the ACFTU as a representative of workers’ rights has been tarnished by perennial subordination to the interests of the CCP. There is a regulation that party officials must approve all union chairs and the CCP’s position on labor rights is clear.

On March 27, 2001, when it ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR), China issued a reservation to Article 8.1(a), the right to form and freely join trade unions, that its application must be consistent with the Chinese Constitution and other domestic laws. The word union does not appear in the Chinese Constitution. Furthermore, China has continually failed to ratify fundamental International Labor Organization (ILO) conventions CO87, The Freedom of Association and Protection of the Right to Organize and CO98, The Right to Organize and Collective Bargaining.

For these reasons China’s workers have increasingly been relying on autonomous structures of labor resistance organized horizontally within or between small groups of factories with support from independent labor rights organizations and third parties. Students in the nearby city of Guangzhou, for example, left posters outside of Nike stores in solidarity with the striking workers.

After several weeks of demonstrations, a spokesperson for the Ministry of Labor and Social Security acknowledged that Yue Yuen had been underpaying its workers and noted that the department had ordered the factory to comply.

Still, we must not forget that China is increasingly outsourcing cheap labor to countries such as Vietnam and Bangladesh. While victories for individual factories are milestones in the Chinese labor movement, until the engines of global capitalism come to a halt the same exploitive practices will continue in their voracious race to the bottom.

After all, following the initial outbreak of demonstrations at Yue Yuen, Adidas moved a bulk of its orders to other suppliers. This move earned the company criticism from the International Union League for Brand Responsibility, which, as a reminder that the struggle for workers’ rights is universal, responded by organizing solidarity protests at Adidas and Nike stores from Hong Kong to Istanbul and Los Angeles.

The Securitization of Social Media in China

The crackdown on ‘human flesh searches’ and including cybersecurity within the jurisdiction of the recently created National Security Committee, are the most recent episodes in a series that outlines the Communist Party’s concern and intent regarding social media. Xi Jinping’s administration is concerned that social media represents an innovative mechanism for petitioning and collective action that has proven at times capable of achieving concrete results in lieu of a tightly regulated environment for civil society mobilization. The intent is a comprehensive campaign against social media in order to circumscribe its perceived threat to one-party rule.

In an April 13 article originally published in Red Flag Journal, Ren Xianliang, deputy director of the CCP Shaanxi Provincial Propaganda Department and vice-chairman of the All-China Journalists Association, revealed the official position on social media. Ren called for the government to ‘occupy new battlefields in public opinion.’ He noted that since the advent of Sina Weibo and other microblogs as platforms for ‘online political questioning and supervision’ the Party’s task of controlling public discourse and information had become more difficult. He pointed to online agitators that manipulated public opinion, fabricated rumors and attacked the image of the Party and government, calling on the Party and traditional media to combat these threats (Xinhua, April 13).

By the end of April the Party had begun internally circulating the Minutes of the 2013 National Conference of Propaganda Chiefs. The Minutes, better known as Document No. 9, outlined the now well-discussed seven subversive topics including constitutionalism, civil society, and press freedoms. What is less mentioned about Document No. 9, however, is the inclusion of countermeasures: the consolidation and spreading of the Party’s voice; education on socialism with Chinese characteristics; and the strengthening of Party control over media (China Change, May 16). At a later national gathering of propaganda chiefs in August, Xi Jinping, echoing Ren Xiangliang’s rhetoric, ushered in the securitization of social media, calling on the propaganda department to build ‘a strong army’ and to ‘seize the ground of new media’ (South China Morning Post, September 4). Already underway, the crackdown on social media intensified for the remainder of 2013.

Liu Zhengrong, a senior official with the State Internet Information Office, declared ‘human flesh searches’ (renrou suosou), the independent online investigation into the personal details of a suspected wrongdoer, the final social media target of 2013 and called for its abolishment. On December 17 Liu described the ‘human flesh search’ as a network of violence and emphasized that cyberspace would not be a lawless place (Xinhua, December 18). Liu cited the recent suicide of a girl in Guangdong after being wrongly accused through a local ‘flesh search’ as yet another example of the practice’s violent consequences. Conversely, the practice has also been hailed for its ability to empower ordinary citizens to hold the government more accountable.

Proponents of ‘flesh searches’ as a means of public engagement in a system without a functioning rule of law highlight such cases as Yang Dacai and Li Qiming. In October 2010 a black Volkswagen sped along the streets of Baoding, near Hebei University. The car collided with two girls, killing one and severely injuring the other. The driver sped on and only stopped after being surrounded by a crowd, to emerge arrogantly and taunt them with the now famous, “My father is Li Gang!” Soon news of the incident spread online revealing the driver’s identity as Li Qiming, the son of the deputy director of the Baoding City Public Security Bureau. The father was dismissed and the son convicted after viral images of the family’s luxury properties well in excess of their salary were revealed through ‘flesh searches.’ Liu Zhengrong’s sympathy for the girl in Guangdong might have been more believable had his attack on ‘flesh searches’ not followed so closely behind a similar crackdown against ‘online rumors.

The policy on spreading rumors came less than a month after Xi Jinping effectively declared war on independent social media in August. The now infamous policy states that Weibo and other microblog users who are accused of posting ‘rumors’ viewed more than 5,000 times or shared more than 500 times will be held criminally liable and face a maximum sentence of three years in prison. Supported by a judicial interpretation issued by the Supreme People’s Court and Procuratorate the policy expands existing crimes such as creating a disturbance or picking quarrels to apply to online activities (People’s Daily Online, September 9). Hundreds of bloggers and active Internet users were detained or arrested following policy implementation. Yang Zhong was one of the first arrests, a 16 year old from Gansu he had posted challenges online to the official narrative of a local death in custody, but was released following considerable online defense.

Admittedly some individuals have posted knowingly false or poorly fact checked information leading to serious instability. In late February 2010, in the middle of the night, tens of thousands of residents in multiple cities across Shanxi fled their homes in panic. The cause of this sudden movement was a rumor spread through chatrooms and text messages that a destructive earthquake was imminent. Similarly in 2011, rumors that an already accident prone chemical plant in Xiangshui, Jiangsu was about to explode caused a stampede as tens of thousands of residents fled to escape. Four people died in the rush. Recently, Qin Huohuo and Lierchaisi were arrested in August 2013 for, among other things, fabricating a story about a 30 million euro compensation of an Italian citizen who died in the 2011 Wenzhou train crash. The Party cites cases such as these to legitimize tighter restrictions of online content to provide ‘accurate’ information to promote public security.

While some users online have admitted to fabricating their postings, the story of the deadly Wenzhou train crash itself was first broke by a Weibo user because the Propaganda Department had originally directed official media not to report on the incident. Four months after the crash the General Administration of Press and Publications officially banned domestic journalists from reporting on information from Weibo. And it was this type of citizen journalism that Zhu Huaxin, secretary of the People’s Daily Online Public Opinion Monitoring Center, attacked in an article following the announcement of the policy in 2012. His position in the article revealed a fear at the perceived loss of Party power to independent online actors (People’s Daily Online, October 11) but was nothing new. Zhu, writing as far back as 2009, has been steady in his calls for the Propaganda Department to establish its cyber supremacy (China Youth Daily, July 24) in order to constrain sensitive online activity.

In these cases we see Party efforts to not only censor independent accounts and persecute active Internet users, but to maneuver the Party to the forefront of narrative formation, on the one hand, and to frame its varied online crackdowns in paternalistic terms to legitimize censorship in the interests of public security on the other. Such efforts to regain lost control online beyond crackdowns on content have included the rise of government websites promoted as the legitimate forums for previously diffuse online activities. The two most striking examples are the establishment of a corruption monitoring and reporting website by the Central Commission for Discipline Inspection, with the implicit intent of discouraging independent investigation and reporting on corruption, and an online complaints system set up by the Bureau of Letters and Visits.

Between January and October of 2013 the Bureau of Letters and Visits, the office responsible for accepting complaints at and above the county level, received more than six million petitions, averaging 20,000 per day (Global Times, November 28). Many petitioners, in addition to hand delivering these documents, or staging demonstrations and sit-ins, post their petitions on forums or Weibo. There they are often commented on and reposted. Official objectives stated elsewhere reveal a real concern for the degree of instability produced by unaddressed petitions but also point to an intention with the website to curb the unregulated dissemination of petitions and limit conversation between activists online. Petitions on Weibo can generate national attention and earn the support of accomplished rights lawyers, trends the government no doubt hopes to limit with the promotion of ‘streamlined’ websites.

Lawyers also Tweet

Circumscribing online activity and shaping the content of digital information dissemination has not been confined to policies and announcements targeted at general civil society. Central Party efforts have also included attempts to specifically rein in online information dissemination by lawyers and directives to Chinese courts regarding the influence of online activity.

In 2012 the Supreme Court proposed that lawyers could be disbarred for blogging any trial information without court preapproval (Duihua, September 26). Many courts have started to liveblog proceedings, as a countermeasure to activist lawyers or independent observers. Promoted as an attempt to correct false reporting on high-profile cases such measures are also designed to secure Party domination of sensitive legal narratives. That many of China’s rights lawyers are active on Weibo, constraining their ability to disseminate information about their cases effectively serves to limit access to potential information for online activists.

Courts already have the ability to temporarily detain lawyers administratively through judicial detention but the proposal to disbar them for up to a year for engaging in social media that threatens the interests of the court sent a clear signal. The proposed measure would likely have been exploited as a deterrent in the same way as the yearly lawyers license renewal has been used to harass more activist minded lawyers in recent years.

As it is, the Supreme Court does not have the power to suspend licenses. This authority is vested with the Ministry of Justice but judicial interpretations and general announcements issued by the Supreme Court can carry considerable influence on local level courts.

In August the Central Political and Legislative Commission (CPLC) issued a 15-point announcement aimed at addressing certain failures of the legal system. Provision 8 notes that courts and police are to disregard ‘public-opinion hype’ and ‘petitioning by parties to the case’ (Duihua, October 22). Following the CPLC announcement, the Supreme People’s Procuratorate (Xinhua, September 6) and the Supreme People’s Court (China Court Online, November 21) issued their implementation opinions in September and November. All of these documents are concerned with public opinion, which depending on implementation could discourage online activism surrounding sensitive cases.

Such announcements are in direct response to the impact of public opinion, spread easily through social media, on influencing or forcing action in certain cases. When Li Tianyi, the son of well-known PLA singers Li Shuangjianga and Meng Ge, was first accused of leading the gang rape of a woman in a Beijing nightclub in 2013, many Chinese Internet users speculated that because of his status he would be afforded special treatment. After Li Tianyi was eventually sentenced to 10 years in prison, Zhejinag University law professor Lan Rongjie speculated that had the case not involved the scion of high ranking officials and generated such intense online attention, the 17 year old would likely have received a lesser sentence (Guardian, September 26). The court, Lan speculated, was reacting to protect its image, which had been challenged by online activism and thus handed out the maximum sentence. Online activism and public opinion has also had national achievements on court decisions and policy changes.

Sun Zhigang, from Wuhan, had been working in Guangzhou for two years, when on March 17, 2003 the local police detained him for not carrying his local identification, based on an administrative procedure known as Custody and Repatriation. Three days later his parents were informed that he had died in custody. The parents ordered an autopsy, which revealed that the 27 year old had been beaten to death but there was no official investigation. Over the ensuing days, as the family posted information to online forums and gathered public support, the case became a symbol of the highly abusive system. Addressing the mounting public pressure, both on and offline, then Premier Wen Jiabao announced on June 20, 2003 that the system would be abolished. In such cases critical online responses, coupled with public criticism, ongoing legal challenges, and traditional collective action have had a concrete impact on forcing government action.

Conclusion

The series of announcements and regulations regarding online activity and social media in the latter half of 2013 illustrate efforts to circumscribe online civil society in much the same way as the government hopes to forestall threats to Party stability posed by traditional collective action. A National Security Committee was established in November during the Third Plenum (China Brief, November 12) and one of its stated targets unequivocally reveals this securitization of social media. In early January 2014 it was made public that among extremist forces and Western ideological challenges the newly formed security organization would prioritize cybersecurity, including online calls for collective action against the government (South China Morning Post, January 14). This focus conflates security with political stability, moving well beyond promoting ‘accuracy’ for social stability. And with Xi Jinping at the helm of the nebulously powerful National Security Committee, we see the policy consolidation of the previously declared war on social media.

This essay was originally published in a slightly altered version at Jamestown Foundation China Brief (Volume: 14 Issue: 3) on February 7, 2014. It is available here.

In China: Rightful Resistance and the UN Human Rights Council

This article was originally published under the headline Internationalizing rights-based resistance in China: the UN Human Rights Council and the citizen at openDemocracy.net on 15 November 2013. But in light of today, UN Human Rights Day, it seems appropriate to share again.

On the morning of 22 October, special envoy Wu Hailong led Beijing’s delegation in Geneva as China began its once every four year Universal Periodic Review (UPR) under the UN Human Rights Council (HRC). On 12 November the UN General Assembly voted to fill 14 vacancies on the Human Rights Council and China was elected to a third three-year term on the council. The country served two consecutive terms from 2006 to 2012 but was ineligible to run again until this year. After Jordan announced the withdrawal of its candidacy, the four vacant seats for the Asia Pacific region left Saudi Arabia, Vietnam, The Maldives, and China uncontested. But many analysts have remarked with frustration that even before Jordan’s surprising withdrawal, China’s bid had little chance of defeat due in large part to its permanent status on the Security Council – despite strong objections from rights groups. Considering the egregious record of these four countries, their entry to the rights body could mark an atavistic turn for the council.

Leading up to the Universal Periodic Review and China’s UN Human Rights Council election, one source of testimony has been conspicuously absent from China’s official reporting. Despite efforts by certain NGOs and international organizations, and shallow consultation by the Chinese government, input and participation by Chinese civil society in these important mechanisms for monitoring and upholding their country’s human rights obligations has been withheld. The Chinese government has acted to block civil society participation and engaged in reprisals against civil resistance geared to these international human rights mechanisms. It appears that when Wu Hailong’s delegation announced that, “The Chinese are in the best position to know the situation of human rights in China,” he wasn’t referring to the hundreds of notable Chinese citizens and groups who have been learning to frame their dissent in the language of international human rights as well as those who have been directly campaigning for broader civil participation in the drafting and international reporting on China’s human rights.

In the months leading up to the late July deadline for China to submit its official report to the HRC and the review itself on 22 October, Chinese activists organized a series of actions in multiple locations around the country culminating in a sit-in at the Ministry of Foreign Affairs (MFA) in Beijing beginning on 18 June. The organizers, who chose an area around the East Gate of the Ministry building because of its proximity to the Human Rights Division, had planned to maintain the demonstration until 22 October.

The organizers, among them Cao Shunli, claimed that the principal grievances behind the sit-in were the ongoing refusals by the ministry to respond to a series of open information disclosure requests, eventually leading the ministry to claim that the UPR process was a matter of state security. At the high point, the sit-in attracted around 200 participants, mostly women. Cao Shunli remarked to Chinese Human Rights Defenders that, “We just want to have all the participants in the sit-in to have a dialogue with officials, to know how the country’s human rights report is produced and who should be part of the process.”

On 1 July, the first of three police raids dispersed the demonstrators. Around 9 a.m., hundreds of officers descended on the gathering and rounded them up in two groups. Activists from Beijing were taken away in one vehicle, while those from outside of Beijing were removed to separate locations in four different police vehicles. After 12 hours of interrogation, with some reports of physical abuse, almost all of the activists were released. Many of them returned to the ministry to resume the sit-in. The police would clear the sit-in two more times, on 22 August and on 3 October, holding activists separately by region and subjecting them to exhausting questioning.

Similarly, seizing the spotlight of the UPR – a common tactic among Chinese activists, to capitalize on sensitive dates and anniversaries – many have campaigned against China’s inclusion in the Human Rights Council. In Hangzhou, dissident writer Chen Shuqing and fellow organizers Lu Gengsong and Gao Haibin circulated an open letter denouncing China’s entry to the human rights body. The petition received hundreds of signatures from activists in over ten provinces. The organizers of this campaign were later detained on suspicion of ‘inciting to subvert state power.’ Similar campaigns took place in other parts of the country and some overseas organizations claim to have gathered over 10,000 signatures from Chinese both inside and outside of the country. International Chinese activists also staged actions in Geneva on the opening day of the Review.

During the UPR, Human Rights in China announced, that the Chinese government had continued to detain and question individual activists who had persisted in civil resistance pegged to China’s international human rights obligations, which prompted several Special Rapporteurs to specifically criticize China’s crackdown on peaceful assembly related to the UPR. The day before, on 21 October, Guo Feixiong, an outspoken rights defender from Guangzhou, was formally placed under criminal detention in reprisal for organizing a petition in March calling for the ratification of the International Covenant on Civil and Political Rights.

The ratification of this core instrument was a major issue during China’s first review in 2009. At the time of his arrest, Peng Lanlan, a Tujia minority and human rights defender from Hunan, had already been under criminal detention for a year under charges of ‘obstructing official business.’ Reportedly tortured in police custody, Peng Lanlan was the first activist to be arrested for pushing for civil society participation in the UPR and challenging the country’s entry to the Human Rights Council. She was targeted after several years of activism. In addition to relying on open petitions such as Guo Feixiong, mentioned above, Peng Lanlan utilized China’s 2008 Freedom of Information Act, also commonly relied upon by Cao Shunli and others.

On 14 September Cao Shunli was taken into police custody at the Beijing International Airport. Meanwhile, at about the same time, over two thousand kilometers to the South, fellow MFA sit-in organizer Chen Jianfeng was apprehended by airport security in Guangzhou. The two women had been on their way to Geneva to attend a training program on the UPR and other international human rights mechanisms. Although Chen Jianfeng was eventually released after intimidating questioning, Cao Shunli remained disappeared even after the UPR had begun. Activists involved in demonstrations related to the UPR told multiple sources that during interrogations police were forceful in questioning related to Cao Shunli, apparently working to contrive charges against her. Front Line Defenders has noted that state tactics of repression are increasingly relying on the manipulated prosecutions of activists.

Like Peng Lanlan, both Chen Jianfeng and Cao Shunli had been engaged in campaigning for transparency in UN reporting and civil society participation in China’s domestic and international human rights since before the first review in 2009. In addition to collective action and open information requests, the women had previously gone so far as to sue relevant ministries over transparency issues. Unlike the majority of her fellow demonstrators, Cao, who exhibited a sophisticated understanding of international human rights, had filed a report with the HRC under the name of the Rights Campaign, based out of Jiangsu Province. Her submission, which called attention to the persecution of civil society demands for participation in human rights plans, was included in the official UPR stakeholder analysis, a fact that has very likely contributed to maximizing her reprisals by the state, which understandably seemed less concerned with acts of collective action that generate limited attention than those generating more official condemnation.

Government reprisals against activists campaigning for broader civil society participation in China’s human rights implementation and reporting demonstrate that the Chinese government is at least somewhat concerned by the possible content of independent reviews of its internal human rights. That Chinese activists are gradually strengthening the framing of domestic grievances with the vocabulary of international human rights marks a departure from locality-specific episodes of contention. Although issue and locality-specific activism and rights defense remains the norm, activists such as Guo Feixiong and Cao Shunli are gradually turning to international norms and seeking training by international human rights experts, when unimpeded by the authorities, in addition to contained tactics like sit-ins and petitions.

Although a number of actors in civil resistance, such as at the MFA sit-in, still participate to draw attention to individual grievances or merely to express general disgust with the government, increasing exposure to concepts of international rights will have an impact on the development of their resistance in the future.

It exhibits an innovation in the framing and substance of civil resistance in China that challenges the often repeated claims of the Chinese government, when their human rights record is criticized, that universal values are incommensurate with Chinese values. On the contrary, it could be that the more Chinese activists become aware of universal rights the more they will include them in the framing of domestic civil resistance to counter attempts by the government to manipulate the discourse from within the Human Rights Council.

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