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.

 

Revisiting Kyrgyzstan’s Bloody Summer

Originally published by The Diplomat on June 13, 2014. Available here.

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Ethnicity is a convenient but misleading way of explaining the outburst of violence in 2010.

Late in the night of June 10, 2010, outside a casino in Osh a skirmish broke out between several groups of young men. A catalyst for greater belligerence, fighting continued through the night and by the morning Osh was in flames. The chaos lasted for days, with violence spreading to Jalalabad and elsewhere. This week marks the forth anniversary of those deadly riots, which sparked a wave of violence in Southern Kyrgyzstan’s Ferghana Valley.

By August 2010, preliminary UN assessments estimated that 985,000 people had been affected by violence in the Ferghana Valley, resulting in 300,000 internally displaced. The International Crisis Group in late August placed the official casualty rate at 393 but Human Rights Watch quoted some numbers as high as 900. What caused such wanton violence in that summer of 2010?

With headlines from the New York Times’Ethnic Rioting Ravages Kyrgyzstan” to the Guardian’sKyrgyzstan killings are attempted genocide, say ethnic Uzbeks” the cause seems clear: ethnic-violence. But that is a dangerous simplification, not least so because it presupposes ethnicity is monolithic. Ethnicity is a convenient but misleading way of looking at what happened four years ago in Kyrgyzstan. And yet, where it is convenient, the cause of ongoing conflicts continues to be superficially discussed as ethnic-tension. Recognizing this is especially important from a policy perspective because if ethnicity is not at the roots of these episodes of violence then an ethnic solution will simply be another nostrum.

From Tulip Revolution to Burning of Osh

In March 2005, the Tulip Revolution brought an end to President Askar Akayev’s authoritarian reign. His fourteen years in power were marked by corruption, the absence of the rule of law, nepotism, and decreasing quality of life. In July 2005, Kurmanbek Bakiyev campaigned to eliminate corruption and improve living standards. He won the presidential election with a landslide 89 percent. Within a few years, however, his campaign rhetoric had proven hollow.

The changes under Bakiyev were seen as an intensified version of Akayev’s despotism. Bakiyev consolidated power in a new Constitution, appointed family members to key positions, and sold vast amounts of national resources for personal gain, leading to severe energy shortages in the winter of 2007-2008, the coldest in 40 years. In April 2008, after two days of popular mobilization, Bakiyev’s short-lived dictatorial reign came to an end but the country, impoverished by years of corrupt rule, was left with a political and security vacuum.

Tensions erupted on the evening of June tenth when groups of unemployed young men got into an argument outside a small casino in Osh. The violence escalated. Independent observers and human rights organizations quoted witnesses who claimed that security forces responded differently depending on the ethnicity of the perpetrators, that plain clothed security officials were seen distributing weapons to Kyrgyz men or protecting roving mobs. The local government, a long-time supporter and ally of the ousted Bakiyev, claimed that Uzbeks were committing atrocities while Uzebks reported being targeted by violence. Arbitrary detentions, disappearances, and torture in custody were reported.

While much of the violence was perpetrated along ethnic lines, the OSCE High Commissioner on National Minorities, Knut Vollebaek, noted the challenges were not confined to interethnic relations and pointed to the significance of disillusionment with the state and feelings of economic and personal insecurity. Indeed, along these lines Kyrgyzstan was very insecure.

Human Insecurity

In 2008 the official minimum wage was 340 som ($6.45) per month, yet the government estimated that the standard statistical “basket” of goods and commodities cost on average 3,354 som per person per month. Following global increases in basic commodity prices, 2007 saw a 23.5 percent increase in food costs and 2008 an increase of around 20 percent.

By 2010, around 43 percent of the population lived below the poverty line, with an unemployment rate of 18 percent. Many families responded by sending off working-age sons to work in Kazakhstan and Russia, and China to a lesser extent, a palliative for economic woes but destabilizing for traditional family structures. The Economist reported that almost 22 percent of GDP was generated from migrant laborers, with as many as 500,000 in Russia alone.

High levels of unemployment and economic uncertainty often result in illegal economies. The UN Office on Drugs and Crime routinely cites Osh as a regional hub for narco-trafficking, which decreases food security through the loss of croplands, environmental security through deprivation of soil and toxic chemicals, and personal security through gang violence.

Disillusionment with the state among certain demographics facilitated the rise of criminal groups who seized land and extorted protection money. The continued asymmetric protection of personal security institutionalized those groups and had a negative impact on social tensions and perceived inequalities.

But why did these tensions erupt along ethnic lines?

The Ethnicization of Insecurity and Competition?

Historically, the Ferghana valley was inhabited by sedentary Uzbek traders and farmers. The Kyrgyz tended to be nomadic. Soviet control irrevocably altered traditional structures of communal power through Korenizatsiya: the policy of local administration initiated under Stalin where titular nationalities – here the Kyrgyz – were elevated to positions of power not necessarily previously held by such groups.

Later, as Soviet regional authority waned, Human Rights Watch explains “grievances over land and water distribution increasingly took on an ethnic dimension during the perestroika and glasnost era in the mid-to-late 1980s, as ethnic, linguistic, and cultural identities became stronger.” Eventually grievances over territory and resource access culminated in a violent outbreak in Osh in 1990.

On the eve of the Soviet Union’s disintegration, precipitated by the vacuum of Kremlin control, an Uzbek group called for the establishment of an autonomous region to address concerns that their needs were routinely subjugated to those of the Kyrgyz. The ensuing conflict left more than 300 dead. KGB reports at the time, cited by the Crisis Group, noted perceptions among poorer Kyrgyz that the Uzbeks had become too prosperous. Meanwhile New York Times coverage was noting Uzbek frustration at the pro-Kyrgyz allocation of land for housing.

This lead to what political scientist Paul Brass has called an “institutionalized riot system,” where ethicized violent mobilization in response to perceptions of unequal access to basic human needs became part of the repertoire of popular mobilization. If anything, the perceptions of unequal access that sparked violence in 1990 only intensified under the policies of corrupt leadership in the following decades.

Under Bakiyev, employment in the public sector was skewed in favor of Kyrgyz language; fluency was a prerequisite for state employment. The education system did not require Kyrgyz fluency for Uzbeks, Dungens or Uyghurs, who were largely barred access to state employment and sought to make their livings in the private sector, fueling accusations that minorities got rich at the expense of the Kyrgyz. However, a Eurasianet article published on the first anniversary of the 2010 violence cited Uzbek feelings of alienation from both political and economic life.

The April 2010 rebellion prompted Kyrgyzstan’s neighbors to close their borders. The de-facto embargo from Kazakhstan, Uzbekistan and China caused severe economic concerns for those who relied on cross-border trade, agriculture, fuel and food imports. Border closure lead to sudden unemployment and deprivation, while perceptions of economic and political inequality stoked the growing tensions.

Nowhere were tensions more noticeable than in the Ferghana Valley. After his ouster from Bishkek, for a time Bakiyev returned to his hometown in the South, where he attempted to mold tensions to retake the capital. To counter Bakiyev’s support network and stabilize provisional authority, the interim government under Roza Otunbayeva reached out to elites within the Uzbek population in the South.

Anthropologist Gerd Baumann asserts that ethnic identity is often found in the social processes of maintaining boundaries between groups who perceive these boundaries as ethnic. In this sense the Kyrgyz were political players and the Uzbek were business players.

These boundaries were drawn as much along class and community lines as along ethnic lines argues anthropologist and Central Asia scholar Madeleine Reeves. At the time, she observed that the oft-reported targeted violence should have been balanced by cases where ethnicity was irrelevant, such as when property was looted because it represented inaccessible wealth and opportunity to the looter or when mixed neighborhoods established self-defense groups from attack not because of shared ethnicity but because of shared feelings of community.

Bakiyev had created rifts in the South for political leverage, which were widened when the interim government called for Uzbeks to be included in the traditional political boundaries of the already economically and socially threatened Kyrgyz population. Longstanding hardships exacerbated by border closures further strained society and threatened human needs. These factors created a violent atmosphere prone to manipulation by elites. Because economic, political and community boundaries had mostly been demarcated along ethnic lines the violence took on an ethnic quality that was not actually at its roots. Ethnic violence was a more proximate factor; the ultimate causes of the conflict were serious economic, political, and social insecurity combined with competition.

Looking Ahead

Revisiting the causes of the violence in the Ferghana Valley in 2010 and questioning the narratives of ethnic tension can yield a transferable understanding to other contemporary episodes of conflict. It is a lesson perhaps particularly valuable in geographically close Xinjiang, for example, where a violent encounter near the Chinese border between a group of Uyghurs and a Kyrgyz border patrol left 12 dead at the end of January 2014. Regardless of the motivation of this group of Uyghurs, as militants or refugees, their illegal entry into Kyrgyzstan was undoubtedly spurred by insecurity in Xinjiang, a conflict that is increasingly characterized along principally ethnic divisions but one that could certainly benefit from a more nuanced examination.

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.”

 

In China: Citizenship on Trial

This article was originally published in a shortened version on 7 February 2014 at Waging Nonviolence. Available here.

Last week China observed the lunar New Year. The Spring Festival is celebrated with two weeks of fireworks and food, when hundreds of millions of Chinese travel home to be with their families, but this year a group of activists will be conspicuously missed as their families ring in the year of the horse. The Chinese Communist Party scheduled the majority of trials for some 20 activists related to the New Citizens Movement for the week preceding the Chinese New Year with the expectation that the overlap would diminish public awareness of the trials.

When Xi Jinping became the new president of China in March 2013 there was a general feeling, although perhaps naïve, that he would be more politically liberal than his predecessor, Hu Jintao. Even before assuming full position, in early 2013, Xi Jinping was inspiring hope for reform by calling for a comprehensive crackdown on graft. Corruption, mainly related to illegal demolitions and evictions, health and labor exploitation, is a serious issue in China. It is at the source, in one form or another, of the majority of demonstrations, online campaigns, legal challenges, and millions of petitions filed every year. However, the jubilation over his declared war on corruption soon receded with the parallel crackdown on civil society activists, many whose principal grievance ironically was corruption.

The year before, Xu Zhiyong, a well-known human rights defender, had published an article calling for enhanced civil society participation and this impetus soon became the spirit and master frame of civil society activism and the government’s response. In certain respects, Xi Jinping’s repressive policies against civil society participation in the first year of his administration as much created the New Citizens Movement as a unified movement as the activists who have been or are awaiting trial for their involvement. Who are some of these individuals? What are their grievances and how have they mobilized?

The Jiangxi Three and Other New Citizens

On April 21, 2013 Liu Ping, Wei Zhongping, and Li Sihua, along with nine others staged a demonstration in Xinyu, Jiangxi Province. They posted photos online of themselves holding posters in solidarity with several recently detained activists. A week later they were detained. While most of the demonstrators were subsequently released, the three organizers were arrested on charges of ‘gathering a crowd to disturb public order.’  On December 3rd, 2013 the Jiangxi Three would become the first group formally tried in relation to the New Citizens Movement. But these three were far from new to civil resistance and their singling out is as much related to their previous activism as their association with the nascent movement.

Liu Ping had been forced from her job at a steel plant back in 2009, around which time she began petitioning for worker’s rights. In 2011 she decided to run as an independent candidate in a local election. Two days before the vote she was arbitrarily detained by police. Professor Yu Jianrong of the Chinese Academy of Social Sciences posted an online appeal, which was reposted nearly 70,000 times. Liu Ping was released but still barred from running in the election. Wei Zhongping, like Liu Ping, began his activism on worker’s rights and has also campaigned for housing and land rights. He too ran as an independent candidate in 2011, and 2006. Li Sihua had on numerous occasions campaigned for China to ratify the International Covenant on Civil and Political Rights and was also an independent candidate in 2011. Following their failed electoral bids, the three activists were subjected to relentless persecution but their trial was far from isolated in the repressive political climate of 2013.

Liu Yuandong stood trial for his part in the New Citizens Movement in Guangdong province on January 24th, amid the flurry of summary trials preceding the Spring Festival. Liu Yuandong, at the helm of a loose network of activists in southern China, holds a PhD in biology. In February, he was detained for staging demonstrations against North Korean nuclear tests and two months later was arrested on charges of disturbing public order.

On March 31st, several Beijing activists unfurled banners and made anti-corruption speeches in the crowded Xidan shopping area. Among them were Li Wei and Ding Jiaxi, whose trials both begun on January 27th but were postponed until after the Spring Festival when they dismissed their lawyers. Several of the New Citizens Movement trials have been tactically postponed in order to extend public attention of the proceedings beyond the holiday. Ding Jiaxi is a rights lawyer and has been a champion for the rights of migrant worker children since 2010, while Li Wei is an unemployed petitioner. Veteran activist, Zhao Changqing was also part of the March demonstration.

A student protestor during the 1989 Tiananmen pro-democracy movement, Zhao has been imprisoned three times in his career of civil resistance, focusing on the right to education and anti-corruption. He has been active both in the streets and online. At the time of their detention in April 2013, rights defenders cautioned that the repression would engender further unrest. And it was only a few days later that the Jiangxi Three were protesting for their release. Countless others around the country would soon be equally emboldened to demand civil and political reform, inspired by an impassioned article written by Xu Zhiyong.

The Radicalism of Xu Zhiyong

Debonair in a pinstriped shirt with French cuffs, Xu Zhiyong posed for the cover of the Chinese version of Esquire, with a black leather bound legal pad and slightly cocked head he looked the part of the issues theme, Chinese Dream. His dream for China was a country that could be free and happy, where no citizen needed to go against her own conscience. That was in 2009, a year after he made headlines for himself by defending countless families affected by melamine poisoned milk powder but even as he was honored on the cover of Chinese Esquire he was under detention on spurious charges of tax evasion for his nonprofit Gongmeng (Open Constitution Initiative). He was released but the organization was shuttered on the tax evasion charges, which came suspiciously soon after Gongmeng sponsored research into the deadly March 2008 Lhasa riots. He continued his rights defense and lecturing at a university in Beijing.

Xu Zhiyong completed his doctorate of law from Beijing University, classmates and later partners with other high profile human rights defender Teng Biao. Liu Hua, whose husband had been a village chief until he tried to uncover local party corruption and was driven from their home to living in a tunnel in Beijing, recalls the day Xu Zhiyong found them in 2003. She recalls, “He used to come all the time, bringing us quilts that people had donated and he even slept there for three nights so he could experience what it was like.”

After graduating Xu Zhiyong and Teng Biao helped to organize a sophisticated campaign that utilized fledgling online tools in coordination with legal challenges and traditional collective action to abolish an abusive system of arbitrary detention known as Custody and Repatriation. A few years later Xu Zhiyong was at the forefront of campaigns against the even more arbitrary ‘black jail’ system. He also served as an independent candidate in his local Beijing district legislative body stating, “I have taken part in politics in pursuit of a better and more civilized nation.”

One of his clients remembers, “My impression of Mr Xu is that he is a moderate and prudent man. I have a hot temper, and once I yelled at him for a long time. But after I was finished, he simply asked me to calm down and said things would only be resolved when we were calm.” Xu Zhiyong is often depicted in media in this light, 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 position 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 non-violence.” It is this radicalism and unwavering commitment to strategic nonviolence that encapsulates the New Citizens Movement.

A New Citizens Movement, What’s New?

The New Citizens Movement is an innovative, multi-issue campaign for systemic change, based on institutional and extra-institutional tactics, from launching legal actions, filing freedom of information requests, and staging demonstrations online and in the streets. In the article that called it into being in 2012, Xu Zhiyong writes that is political, championing the end of authoritarianism; social, seeking to destroy corruption, the abuse of power, and the gap between rich and poor, by building new foundations of justice; cultural, to cast off the culture of oppressor and oppressed; and progressive, in heralding a new civilized humanity. “The goal of the New Citizens’ Movement is a free China ruled by democracy and law, a just and happy civil society with ‘freedom, righteousness, love’ as the new national spirit.” It is a spirit that must, “appear on the Internet, flourish in the streets, and, most of all, take root in the deepest part of our hearts.”

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

At the core of the New Citizens Movement is the citizen, as an independent, individual, political, and social actor responsible only to the laws that have been commonly entered into. What is important is civil society participation through regular mealtime conversations, political discussions, attention to public life and policy, and community service. Xu Zhiyong’s call to action is,

“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.”

Granted, the activists involved in the New Citizens Movement crackdown were not radicalized by Xu Zhiyong’s article; they were mostly veteran activists. But his moving words provided a master frame for dissent, which served to galvanize civil resistance and political repression. As the Chinese New Year celebrations culminating in the Lantern Festival on February 14th wind to an end, as the last fireworks sparkle and the mountains of red paper are swept away, Ding Jiaxi, Li Wei, and others will return to court for exercising their rights as citizens. As Human Rights Watch researcher Maya Wang observed, “the government is redrawing its red line about what is allowed, and clearly street action with a clear political theme is not allowed.” But, despite the arrests and the trials, no doubt New Citizens Movement inspired street action will continue in the Year of the Horse.

“5 overlooked activist victories in 2013″

On 31 December Wagingnonviolence published their 5 Overlooked Activist Victories in 2013. I am proud to be a contributor to Wagingnonviolence and especially proud that my contribution on cyber resistance in China was number five on their list.

The editors write:

Activists experienced some big wins in 2013 — from the overturning of the Defense of Marriage Act to the ruling against stop-and-frisk in New York City to the revelations uncovered by NSA whisteblower Edward Snowden to an averted U.S. war with Syria. It’s not hard to find mention of these big stories on most year-end news lists. So rather than re-hash them here, we present you with a list of overlooked activist victories from the past year.

The five victories are (1) People power continues to win in the Philippines; (2) A big win against Big Coal in the Pacific Northwest; (3) A sleeping giant wakes up in Brazil; (4) A victory for millions of indigenous people in Mexico; and (5) Online activists gain political clout in China.

I have been on hiatus the last few months, partially traipsing around Southern China and Laos. I look forward to updating content with some travel narratives and some other exciting analytical pieces in the next few weeks. Back by popular demand, happy 2014…

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.

Foreign Journalist Reprisals in Beijing

Yesterday ChinaFile published a short collection of responses from journalists, academics, and politicians expressing their analysis and illustrating what they see as the correct path forward regarding the non-renewal of journalist’s visas in a piece called:

Will China Shut Out the Foreign Press

Here is my immediate reaction:

I think Bill Bishop‘s remarks are the most sensible, while the gut reaction of visa reprisals seems like a strong move it could inadvertently produce negative externalities, thus escalating the situation. However, if the government does follow through and other tactics from abroad do not succeed at either forestalling or, in the short term, reversing this decision, I feel that more punitive measures could be in order.

It is also largely about framing. Because of how the Chinese government has framed, or refused to frame, this chain of visa procrastination qua denials, it speaks clearly to its true intentions, as Paul Mooney notes. Equally, if other tactics fail and in several months there is no movement toward reinstating visas then a well framed punitive response from the Like Minded Countries could produce a better effect. After all, this should not be treated as solely an issue of reprisals of US media but as part of a much larger trend, as Andrew Nathan points out.

I do disagree with him a little on the idea that China is influencing this fear-enforced conformity to the West, just look at what the US and UK are doing to AP or the Guardian when issues of “terrorism” are raised. Rather than treat this as part of a broader China approach, or perhaps in addition to that, I think this really needs to be honestly examined within the context of what Jeremy Scahill and like minded have rightly pointed out as a war on journalist, a war on the freedom of expression, being waged the world over. While it is no doubt an authoritarian model, the Chinese are not solely responsible for exporting it abroad; just look at the case of Yemeni journalist Abdulelah Haider Shaye and President Obama’s intrusion to his early release and countless other examples. But I tend to be a universalist or cosmopolitan, in the way Anthany Appiah uses it.

I hope the zero hour works and everyone stays put but if it doesn’t, seriously, a firebomb campaign of China Daily newspaper boxes across the US. This is the gut reaction to repay force with force but at the end of the day it is an unsustainable solution. By following through with Bishop’s suggestion it should encourage the deeper integration of not only the freedom of expression but human rights in general into trade agreements other international negotiations. This would, ideally, have positive multiplier effects far beyond a tit for tat visa arms race.

Some more background:

China’s Crackdown on Foreign Media: How to Respond? From China Digital Times

The Meaning of China’s Crackdown on Foreign Press From The New Yorker

The Thorny Challenges of Covering China From the New York Times

China’s Treatment of Foreign Journalists From the Congressional Executive Commission on China Roundtable, 11 December.

Deleted Twitter posts suggest Bloomberg may be targeting wife of dismissed China reporter From Shanghaiist

Bloomberg News is Said to Curb Articles That Might Anger China From the New York Times

New York Times and Bloomberg facing expulsion from China From The Telegraph

China Pressures US Journalists, Prompting Warning From Biden From the New York Times

Another American Reporter Banned From Beijing From China Law and Policy, part I in a series on journalist’s difficulties

Self-Censorship or Survival? If so, Bloomberg is Not Alone From China Law and Policy, part II in a series on journalist’s difficulties

Late to the Party? The U.S. Government’s Response to China’s Censorship From China Law and Policy, part III in a series on journalist’s difficulties

American Prisons versus the World Population

The United States of America has the highest incarceration rate in the world. With 716 people in prison for every 100,000, according to the International Centre for Prison Studies, that is a higher percentage of total population than any other country. Furthermore, based on a new report by the American Civil Liberties Union (ACLU), A Living Death: Sentence to Die Behind Bars for What?, there are more than 3,000 Americans serving life without parole for non-violent offenses. For some the offense that earned them life in prison was stealing tools from a shed or being the middleman in a $10 marijuana sale. The ACLU estimates that nationwide 65% are Black; while, in Louisiana, with its infamous Angola Prison, the number rises to 91%, a quantified testament to serious unresolved racism in the country. These numbers are appalling in their own terms but when they are compared to the prison populations of other countries, the ‘land of the free’ becomes an even more frustratingly antiquated trope for the United States.

Adam Liptak, Supreme Court correspondent for the New York Times, offers a simple explanation:

The United States leads the world in producing prisoners, a reflection of a relatively recent and now entirely distinctive American approach to crime and punishment. Americans are locked up for crimes — from writing bad checks to using drugs — that would rarely produce prison sentences in other countries. And in particular they are kept incarcerated far longer than prisoners in other nations.

The United States incarcerates 716 people out of every 100,000 citizens. Liptak noted in 2008 that if only adults were factored into the count then the United States incarcerates 1 out of every 100 citizens. Following the United States in incarceration rates as a percentage of the national population is St. Kitts and Nevis with 649. Rwanda incarcerates 527 out of every 100,000 people, followed by Cuba with 510 and Russia with 490. Belarus holds 438 and Azerbaijan 407. Not a particularly glowing list of human rights respecting countries. While China incarcerates far less than the United States, 121 people for every 100,000, the country does boast the highest number of prisoner executions in the world, based on estimated figures in light of China’s refusal to make these numbers transparent.

How do these figures compare with other democratic, advanced nations? Mexico holds 210 citizens per 100,000, and they are in the middle of a protracted civil war induced by the US led War on Drugs. Turkey holds 179 and the Czech Republic 154, while Argentina, Spain, and Scotland are tied at 147 per 100,000. The Netherlands and Switzerland both 82. Sweden incarcerates 67, while India only puts 30 out of every 100,000 people in prison.

Sweden recently announced that it is closing four prisons and many remand centers in response to a drastic decline in the number of inmates, the result, many analysts are saying, of a robust emphasis on rehabilitation and lenient sentencing, a stark refutation of the deterrent argument lobbied by many in the United States in favor of the prison industrial complex. The estimated additional cost to US taxpayers, says the ACLU, for current life without parole incarceration levels is around 1.8 billion dollars, a sizable earning for the nation’s many privatized prisons.

General social and political ideology, economic development, and quality of life in many European countries no doubt have played a role in decreasing levels of crime and prison populations compared to the USA. The differences between most of Europe and the United States when it comes to crime and incarceration are drastic, particularly with respect to prosecuting and sentencing non-violent offenders. In many ways the increase in life sentencing is a product of stalled death penalty reform, but a mandatory life sentence for violent and especially for non-violent offenses merely approaches capital punishment from an oblique and superficial understanding of why it is wrong and not from the perspective of fundamental human rights. The ACLU report’s author Jennifer Turner notes:

…today, the US is “virtually alone in its willingness to sentence non-violent offenders to die behind bars.” Life without parole for non-violent sentences has been ruled a violation of human rights by the European Court of Human Rights. The UK is one of only two countries in Europe that still metes out the penalty at all, and even then only in 49 cases of murder.

The Huffington Post reported that the advance 2012 statistics by the Bureau of Justice Statistics notes that the prison population in the United States for the previous year was 1,571,013, which marks a decline for the third consecutive year. However, when local and city jails are included, the article continues, the population exceeds 2 million, 25 percent of the world’s prison population. The same ACLU report noted above puts the incarcerated population at around 2.3 million people. That number is difficult to fathom outside of abstractions that either gloss over or do not register the severity. This number does not reflect the millions others, family members and loved ones, whose lives are irrevocably changed or shattered by a belligerent and flawed criminal justice system. Recent studies such as the one by the ACLU should engender a serious national discussion on prison reform in the United States. But the narrative continues to be dominated by politicized interests and the manipulated discourses of fear and otherness.

In an effort to lend more gravity to the discussion, below is a list of countries with entire national populations less than the US prison population. The following list has been composed using country population figures available through wikicommons.

Prison population of the United States… around 2,300,000.

List of the 100 Countries with a national population less than the US prison population:

1. Namibia… 2,113,007. 2. Lesotho… 2,074,000. 3. Slovenia… 2,061,349. 4. Macedonia… 2,062,294. 5. Qatar… 2,035,106. 6. Botswana… 2,024,904. 7. Latvia… 2,014,000. 8. Gambia… 1,849,000. 9. Guinea-Bissau… 1,704,000. 10. Gabon… 1,672,000. 11. Equatorial Guinea… 1,622,000. 12. Trinidad and Tobago… 1,328,019. 13. Estonia… 1,286,540. 14. Mauritius… 1,257,900. 15. Swaziland… 1,250,000. 16. Bahrain… 1,234,571. 17. Timor-Leste… 1,066,409. 18. Djibouti… 864,618. 19. Cyprus… 862,000. 20. Fiji… 858,038. 21. Reunion (France)… 821,136. 22. Guyana… 784,894. 23. Bhutan… 740,740. 24. Comoros… 724,300. 25. Montenegro… 620,029. 26. Macau (China)… 582,000. 27. Western Sahara… 567,000. 28. Solomon Islands… 561,000. 29. Luxembourg… 537,000. 30. Suriname… 534,189. 31. Cape Verde… 491,875. 32. Malta… 416,055. 33. Guadeloupe (France)… 403,355. 34. Martinique (France)… 394,173. 35. Brunei… 393,162. 36. Bahamas… 351,461. 37. Iceland… 325,010. 38. Maldives… 317,280. 39. Belize… 312,971. 40. Barbados… 274,200. 41. French Polynesia (France)… 268,270. 42. Vanuatu… 264,652. 43. New Caledonia (France)… 258,958. 44. French Guiana (France)… 229,040. 45. Mayotte (France)… 212,600. 46. Samoa… 187,820. 47. Sao Tome and Principe… 187,356. 48. Saint Lucia… 166,526. 49. Guam (USA)… 159,358. 50. Curacao (Netherlands)… 150,563. 51. Saint Vincent and the Grenadines… 109,000. 52. Kiribati… 106,461. 53. United States Virgin Islands (USA)… 106,405. 54. Grenada… 103,328. 55. Tonga… 103,036. 56. Aruba (Netherlands)… 101,484. 57. Federated States of Micronesia… 101,351. 58. Jersey (UK)… 97,857. 59. Seychelles… 90,945. 60. Antigua and Barbuda… 86,295. 61. Isle of Man (UK)… 84,497. 62. Andorra… 76,246. 63. Dominica… 71,293. 64. Bermuda (UK)… 64,237. 65. Guernsey (UK)… 62,431. 66. Greenland (Denmark)… 56,370. 67. Marshall Islands… 56,086. 68. American Samoa (USA)… 55,519. 69. Cayman Islands (UK)… 55,456. 70. Saint Kitts and Nevis… 54,000. 71. Northern Mariana Islands (USA)… 53,883. 72. Faroe Islands (Denmark)… 48,509. 73. Sint Maarten (Netherlands)… 37,429. 74. Saint Martin (France)… 36,979. 75. Liechtenstein… 36,842, 76. Monaco… 36,136. 77. San Marino… 32,509. 78. Turks and Caicos Islands (UK)… 31,458. 79. Gibraltar (UK)… 29,752. 80. British Virgin Islands (UK)… 29,537. 81. Aland Islands (Finland)… 28,502. 82. Caribbean Netherlands (Netherlands)… 21,133. 83. Palau… 20,901. 84. Cook Islands (NZ)… 14,974. 85. Anguila (UK)… 13,452. 86. Wallis and Futuna (France)… 13,135. 87. Tuvalu… 11,323. 88. Nauru… 9,945. 89. Saint Barthelemy (France)… 8,938. 90. Saint Pierre and Miquelon (France)… 6,081. 91. Montserrat (UK)… 4,922. 92. Saint Helena, Ascension and Tristan da Cunha (UK)… 4,000. 93. Svaldbard and Jan Mayen (Norway)… 2,655. 94. Falkland Islands (UK)… 2,563. 95. Norfolk Island (Australia)… 2,302. 96. Christmas Island (Australia)… 2,072. 97. Niue (NZ)… 1,411. 98. Vatican City… 800. 99. Cocos (Keeling) Islands (Australia)… 550. 100. Pitcairn Islands (UK)… 56.

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In Hong Kong, Protests Against New Citizen’s Movement Crackdown

IMG_5195As the government of China continues its crackdown on civil society actors, especially those who have publicly endorsed or claimed membership in the New Citizen’s Movement, human rights activists gathered in Hong Kong to do something many like minded Chinese citizens are forbidden from doing within the Chinese mainland under the 1989 Law on Assemblies, Processions, and Demonstrations: engage in collective action to express their grievances. A small coalition of rights groups from Hong Kong, including the Chinese Human Rights Lawyers Concern Group, and the Hong Kong Alliance in Support of Patriotic Democratic Movements in China, organized the demonstration for a few days before the Chinese Mid Autumn Festival.

Among the demands of the small procession were for the immediate release of all arbitrarily detained civil society actors that have been arrested for their participation in the New Citizen’s Movement. Prominent names included Liu Xiaobo (刘晓波), Xu Zhiyong (许志永), and Guo Feixiong (郭飞雄). These high profile arrests are arguably part of the new administration’s rampant crackdown on civil society and dissent. The goals of these crackdowns have been discussed extensively and convincing explanations are that they are part of a symbolic campaign to forestall actions by reform minded elements within the party and to demonstrate to the broader society that deviation and dissent of party dogma will not be tolerated. It is part of the logic of the totalizing social institution of the CCP. “It’s a thought-out measure that is really against this movement, and not just Xu personally,” explains Eva Pills in an article by Benjamin Carlson. Other members of the so called movement to have been detained or arrested include writers and netizens; since August 20 more than 400 such individuals have been arbitrarily detained.

This wave of anti-civil society pressure by the Central Government roughly coincides with the Universal Periodic Review on China and China’s bid for the UN Human Rights Council. China’s session within the UPR is scheduled for Tuesday 22 October at 9:00am and the final election for their membership to the HRC will take place on November 12. For a full overview of the relevant stakeholder reports on China’s human rights situation going into the UPR see here. China’s respect for the international community and the United Nations is often lambasted by members of the United States congress, although the US has a spotty record as well, but the CCP’s trepidation at civil society freedom, especially the freedom to participate in the drafting of China’s National Human Rights Country Reports or to demand transparency in the process demonstrates a deeper concern to maintain appearances of adhering to certain international norms. That is, the government wants to engage with the international community on human rights grounds but only when they can severely control the conversation in their favor. Admittedly, this is an unfortunately common practice for many powerful states whose domestic and foreign policies still rotate around a realist worldview.

Silencing these actors is part of state policy, demonstrated in the Summer’s leaked Central Party Circular colloquially known as the ‘Seven Don’t Mentions:’ (1) Universal Values, (2) Freedom of Speech, (3) Civil Society, (4) Civil Rights, (5) The Historical Errors of the CCP, (6) Official Bourgeoisie, and (7) Judicial Independence. This list provides a convenient official government document with which to highlight the brazen hypocrisy of China’s bid to the Human Rights Council. The opening lines of their official announcement read, “The Chinese Government respects the principle of the universality of human rights and has made unremitting efforts for the promotion of the human rights and fundamental freedoms of the Chinese people.” Unfortunately, exposing irony and falsehood is insufficient to release innocent citizens and human rights defenders from arbitrary detention but the second claim of this small demonstration in Hong Kong was certainly to call attention to the falsehood of China’s bid and qualifications for entry to the human rights council. It will be the responsibility of the international community to stand in solidarity with domestic and international Chinese activists, especially those whose fundamental and personal freedoms have been arbitrarily withheld.

The demonstration had a small turnout and lasted for only about 20 minutes, enough time to march across the street and into the entrance of the Hong Kong government offices where the group encamped just long enough to read out from prepared remarks before dissembling. Hong Kong residents perhaps have grown apathetic to collective action; the frequency of protests, demonstrations, sit-ins, and other forms of public resistance have devalued the potential impact of certain sustained tactics of resistance. One might make similar criticisms of collective action even in the worlds purportedly democratic states. What is sometimes neglected from such discussions however is how valued the right to assembly and association is in places where it is severely restricted. While a small group of activists gathering for 20 minutes in downtown Hong Kong to express grievances in front of government offices is not a newsworthy story, it should be appreciated that Hong Kong allows such rights to its citizens to demonstrate for like minded Chinese citizens, some only an hour away by train, who are denied this right and detained and arrested for even less. While the CCP is arguably engaged in waging a symbolic war to discourage further mobilization one might wonder if they may not end up losing that war to mounting symbolic insurgency.

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Fundamental Rights

The following list of fundamental human rights is taken from Jack Donnelly‘s book International Human Rights2007 p. 7. This compilation of fundamental rights is based on the key articles and substance of the three documents that make up what has become known as the International Bill of Human Rights. Namely, these are the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). While the UDHR is not exclusively a legal document, many law scholars, activists, and practitioners have argued that it has, through practice and general acceptance, entered into customary international law. Meanwhile, the two International Covenants are international legal documents. They were both adopted by the United Nation’s General Assembly on 16 December 1966. The ICESCR achieved enough ratifications and entered into force on 3 January 1976 and the ICCPR on 23 March 1976. Since the ratification of these two treaties a number of additional international human rights instruments that greatly expand on the rights here enumerated have entered into force.

1976 also inaugurated the Human Rights Committee, charged with reviewing state implementation of the ICCPR and hearing complaints and the Committee on Economic, Social and Cultural Rights, charged with the same task for the ICESCR. As noted in an earlier post, a number of states parties to both conventions have either put forth reservations stripping these monitoring bodies of jurisdiction to specific countries or failed to ratify accompanying optional protocols that allow for independent complaint mechanisms. Aside from these monitoring bodies, known as Treaty bodies because their existence is tied to specific human rights treaties, the United Nations Human Rights Council is the principal body charged with monitoring human rights among the 193 member states of the United Nations. The Human Rights Council shall be composed of 47 member countries, chosen with set distribution from certain regions around the world. It has come under significant criticism from a number of sources for bias or hypocrisy. For example, the Philippines is a current member despite censure by the Committee to Protect Journalists that the Philippines is the second most dangerous place for press freedom advocates and journalists after Iraq and the fact that China has served, and is up for election in November.

In light of such contradictions and concerns amid declarations of humanitarian and international human rights conditions as a pretext for the Responsibility to Protect (R2P), for example, a deeper understanding of the specific human rights guaranteed by international law is of paramount necessity. If the international order, composed of states most often acting in pursuit of their own interests, is to be taken seriously, far greater promotion and protection of human rights is needed. For regimes such as the United States in their support of R2P or China in their support for non-interference, both countries eliciting respect for international law, to be taken seriously their own domestic and international records have a convenient litmus by which to measure actual commitment against the rhetoric of political or economic expediency.

Donnelly succinctly outlines the following principle human rights by which we may measure state’s commitment to international law and fundamental human rights (UDHR=D; ICESCR=E; ICCPR=C):

Equality of rights without discrimination (D1, D2, E2, E3, C2, C3)
Life (D3,D6)
Liberty and security of person (D3, C9)
Protection against slavery (D4, C8)
Protection against torture and cruel and inhuman punishment (D5, C7)
Recognition as a person before the law (D6, C16)
Equal protection of the law (D7, C14, C26)
Access to legal remedies for rights violations (D8, C16)
Protection against arbitrary arrest or detention (D9, C9)
Hearing before an independent and impartial judiciary (D10, C14)
Presumption of innocence (D11, C14)
Protection against ex post facto laws (D11, C15)
Protection of privacy, family, and home (D12, C17)
Freedom of movement and residence (D13, C12)
Seek asylum from persecution (D14)
Nationality (D15)
Marry and found a family (D16, E10, C23)
Own property (D17)
Freedom of thought, conscience, and religion (D18, C18)
Freedom of opinion, expression, and the press (D19, C19)
Freedom of assembly and association (D20, C21, C22)
Political participation (D21, C25)
Social security (D22, E9)
Work, under favorable conditions (D23, E6, E7)
Free trade unions (D23, E8, C22)
Rest and leisure (D24, E7)
Food, clothing, and housing (D25, E12)
Health care and social services (D25, E12)
Special protection for children (D25, E10, C24)
Education (D26, E13, E14)
Participation in cultural life (D27, E15)
A social and international order needed to realize rights (D28)
Self-determination (E1, C1)
Humane treatment when detained or imprisoned (C10)
Protection against debtor’s prison (C11)
Protection against arbitrary expulsion of aliens (C13)
Protection against advocacy of racial or religious hatred (C20)
Protection of minority culture (C27)

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