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.

The Buddhist King and Modern Politics

The following is an excerpt from In Quest of Democracy, an essay written by Nobel Peace Prize winner Aung San Suu Kyi. The original essay was written before Aung San Suu Kyi was placed under house arrest in July 1989 and had been planned as part of an anthology of essays on democracy and human rights. Aung San Suu Kyi, after years of tumultuous house arrest and suffering, was released on 13 November 2010. Since her release she has continued to campaign for deeper democratic transitions in Burma as the leader, and founder, of the National League for Democracy. Around the same time as her release, the decades long military dictatorship began to initiate political liberalizations that permitted independent parties an unprecedented degree of freedom. Despite easily agreed upon positive steps toward Democracy Burma faces many obstacles and complex challenges to its ongoing democratization, particularly in terms of reconciling complicated group and individual identity politics. While this essay was originally written over twenty years ago, it presents a vision of a moral leader, a vision inspired by Buddhist legends and parables, with considerable transferability to not only guiding Burma’s democratic transition but in pointing to desirable qualities in all democratically elected figures and offers insight into discussions on resisting authoritarian and totalitarian regimes. It begins…

Opponents of the movement for democracy in Burma have sought to undermine it by on the one hand casting aspersions on the competence of the people to judge what was best for the nation and on the other condemning the basic tenets of democracy as un-Burmese. There is nothing new in Third World governments seeking to justify and perpetuate authoritarian rule by denouncing liberal democratic principles as alien. By implication they claim for themselves the official and sole right to decide what does or does not conform to indigenous cultural norms.

This excerpt was taken from a version of the essay appearing in Freedom From Fear: And Other Writing (2010) p. 170-173.

—-

“The Buddhist view of world history tells that when society fell from its original state of purity into moral and social chaos a king was elected to restore peace and justice. The ruler was known by three titles: Mahasammata, ‘because he is named ruler by the unanimous consent of the people'; Khattiya; ‘because he has dominion over agricultural land'; and Raja, ‘because he wins the people to affection through observance of the dhamma (virtue, justice, the law)’…

The Buddhist view of kingship does not invest the ruler with the divine right to govern the realm as he pleases. He is expected to observe the Ten Duties of Kings, the Seven Safeguards against Decline, the Four Assistances to the People, and to be guided by numerous other codes of conduct such as the Twelve Practices of Rulers, the Six Attributes of Leaders, the Eight Virtues of Kings and the Four Ways to Overcome Peril. There is logic to a tradition which includes the king among the five enemies or perils and which subscribes to many sets of moral instructions for the edification of those in positions of authority. The people of Burma have had much experience of despotic rule and possess a great awareness of the unhappy gap that can exist between the theory and practice of government.

The Ten Duties of Kings are widely known and generally accepted as a yardstick which could be applied just as well to modern government as to the first monarch of the world. The duties are: liberality, morality, self-sacrifice, integrity, kindness, austerity, non-anger, non-violence, forbearance and non-opposition (to the will of the people).

The first duty of liberality (dana) which demands that a ruler should contribute generously towards the welfare of the people makes the tacit assumption that a government should have the competence to provide adequately for its citizens. In the context of modern politics, one of the prime duties of a responsible administration would be to ensure the economic security of the state.

Morality (sila) in traditional Buddhist terms is based on the observance of the five precepts, which entails refraining from destruction of life, theft, adultery, falsehood and indulgence in intoxicants. The ruler must bear a high moral character to win the respect and trust of the people, to ensure their happiness and prosperity and to provide a proper example. When the king does not observe the dhamma, state functionaries become corrupt, and when state functionaries are corrupt the people are caused much suffering. It is further believed that an unrighteous king brings down calamity on the land. The root of a nation’s misfortunes has to be sought in the moral failings of the government.

The third duty, paricagga, is sometimes translated as generosity  and sometime as self-sacrifice. The former would constitute  a duplication of the first duty, dana, so self-sacrifice as the ultimate generosity which gives up all for the sake of the people would appear the more satisfactory interpretation. The concept of selfless public service is sometimes illustrated by the story of the hermit Sumedha who took the vow of Buddhahood. In so doing he who could have realized the supreme liberation of nirvana in a single lifetime committed himself to countless incarnations that he might help other beings free themselves from suffering. Equally popular is the story of the lord of monkeys who sacrificed his life to save his subjects, including one who had always wished him harm and who was the eventual cause of his death. The good ruler sublimates his needs as an individual to the service of the nation.

Integrity (ajjava) implies incorruptibility in the discharge of public duties as well as honesty and sincerity in personal relations. There is a Burmese saying: ‘With rulers, truth, with (ordinary) men, vows’. While a private individual may be bound only by the formal vows that he makes, those who govern should be wholly bound by the truth in thought, word and deed. Truth is the very essence of the teachings of the Buddha, who referred to himself as the Tathagata or ‘one who has come to the truth’. The Buddhist king must therefore live and rule by truth, which is the perfect uniformity between nomenclature and nature. To deceive or to mislead the people in any way would be an occupational failing as well as a moral offence. ‘As an arrow, intrinsically straight, without warp or distortion, when one word is spoken, it does not err into two.’

Kindness (maddava) in a ruler is in a sense the courage to feel concern for the people. It is undeniably easier to ignore the hardships of those who are too weak to demand their rights than to respond sensitively to their needs. To care is to accept responsibility, to dare to act in accordance with the dictum that the ruler is the strength of the helpless. In Wizaya, a well-known nineteenth-century drama based on the Mahavamsa story of Prince Vijaya, a king sends away into exile his own son, whose wild ways had caused the people much distress: ‘In the matter of love, to make no distinction between citizen and son, to give equally of loving kindness, that is the righteousness of kings.’

The duty of austerity (tapa) enjoins the king to adopt simple habits, to develop self-control and to practise spiritual discipline. The self-indulgent ruler who enjoys an extravagant lifestyle and ignores the spiritual need for austerity was no more acceptable at the time of the Mahasammata than he would be in Burma today.

The seventh, eighth and ninth duties — non-anger (akkodha), non-violence (avihamsa) and forbearance (khanti) — could be said to be related. Because the displeasure of the powerful could have unhappy and far-reaching consequences, kings must not allow personal feelings of enmity and ill will to erupt into destructive  anger and violence. It is incumbent on a ruler to develop the true forbearance which moves him to deal wisely and generously with the shortcomings and provocations of even those whom he could crush with impunity. Violence is totally contrary to the teachings of Buddhism. The good ruler vanquishes ill will with loving kindness, wickedness with virtue, parsimony with liberality, and falsehood with truth. The Emperor Ashoka who ruled his realm in accordance with the principles of non-violence and compassion is always held up as an ideal Buddhist king. A government should not attempt to enjoin submission through harshness and immoral force but should aim at dhamma-vijaya, a conquest by righteousness.

The tenth duty of kings, non-opposition to the will of the people (avirodha), tends to be singled out as a Buddhist endorsement of democracy, supported by well-known stories from the Jakatas. Pawridasa, a monarch who acquired an unfortunate taste for human flesh, was forced to leave his kingdom because he would not heed the people’s demand that he should abandon his cannibalistic habits. A very different kind of ruler was the Buddha’s penultimate incarnation on earth, the pious King Vessantara. But he too was sent into exile when in the course of his strivings for the perfection of liberality he gave away the white elephant of the state without the consent of the people. The royal duty of non-opposition is a reminder that the legitimacy of government is founded on the consent of the people, who may withdraw their mandate at any time if they lose confidence in the ability of the ruler to serve their best interests.

By invoking the Ten Duties of Kings the Burmese are not so much indulging in wishful thinking as drawing on time-honoured values to reinforce the validity of the political reforms they consider necessary. It is a strong argument for democracy that governments regulated by principles of accountability, respect for public opinion and the supremacy of just laws are more likely than an all-powerful ruler or ruling class, uninhibited by the need to honour the will of the people, to observe the traditional duties of Buddhist kingship. Traditional values serve both to justify and to decipher popular expectations of democratic government.”

Surveying Nonviolence in China

This Article was originally published on 24 September by openDemocracy under the title A Sea of Dissent: Nonviolent Waves in China.

In 2010, Chinese sociologist, Sun Linping, estimated that the number of mass incidents across China had surpassed 180,000 that year, more than doubling from 2006. This indicates growing discontent in the world’s most populous non-democracy, unrest that the regime has treated with corresponding repression. In 2013 China’s internal security budget reached 124 billion dollars, exceeding military allocations. This awesome internal security spending implies the regime’s trepidation about what is predominantly nonviolent resistance. But what are the lasting sources of discontent that drive this increase in protest? What tactics are Chinese activists employing and how have nonviolent actors adapted in the face of severe government persecution?

The most universal source of discontent in China is illegal demolition and eviction, a byproduct of rapid development and urbanization. Corrupt local officials profit from illegal development deals and brutally crack down on resistance; adding to widespread claims of arbitrary detention and invasion of privacy. Land and labor abuses stem from official impunity, incentives for rapid development, a party controlled union, and limited rights for migrant workers because of the hukou, the local registration system. China reports more than 250 million migrant workers who leave countryside homes in search of work. They are often greeted with a litany of labor violations. Official impunity and the lack of judicial independence affords aggrieved Chinese villagers and workers minimal institutional recourse. Labor arbitration is less popular than strikes or protests, but this often remains locality-specific. Meanwhile boycotts are frequently nationalistic and often target Japanese products or those associated with the Dalai Lama.

Chinese activists have turned to the media to publicize their grievances and voices within the media have become activists, alongside an emboldened netizen community, to challenge propaganda and make claims against censorship, coupled with discontent over the lack of freedom of expression. In January 2013, a censored message in the Southern Weekend newspaper sparked massive material and digital resistance. Such information-based grievances have slowly created activists within the previously apolitical middle class, traditionally acquiescent to economic liberalization. Treating much discontent as politically interrelated, Chinese citizens have issued demands for civil society empowerment. Most recently Xu Zhiyong, who was later arrested in July 2013, called for a ‘New Citizen’s Movement.’ While many Chinese activists and scholars have remained skeptical of these claims gaining sustainable national traction, environmental and public health grievances are seen by some as having the greatest opportunity for more enduring mobilization. This array of loosely connected, deeply felt grievances has produced a diverse repertoire of resistance tactics.

Publicly inscribed resistance is prevalent. Petitioning, despite frequently lead to arbitrary detention or torture, is by far the most popular means for protesting land rights violations but is also a common tactic for expressing other grievances, from official corruption to government transparency. Preceding the 2008 Beijing Olympics, according to Chinese Human Rights Defenders, there were an estimated 10 million petitioners across China. Petitioners mostly arise from poorly educated villagers, but sometimes develop into professional rights defenders. Hanging banners is common among both village and urban neighborhood committees to broadcast myriad grievances, such as in early 2013 when activists, including later arrested Zhao Changqing, unfurled banners in Beijing calling on government transparency. Activists in Guangdong and elsewhere seized the spotlight of the 2008 Olympic Torch Relay to hang posters challenging China’s Human Rights Record. Civil society activists including academics, journalists, and lawyers, have relied more on signed public statements and open letters such as Charter 08, which called for greater political liberalization and lead to the imprisonment of Liu Xiaobo in 2008; Liu later won the Nobel Peace Prize.

Collective action such as protests, strikes, sit-ins, blockades, marches, and teach-ins are widespread. On 6 March 2006 several thousand workers at a textile plant in Yunnan Province went on strike demanding participation in company restructuring while two years earlier 6,000 women workers protested the privatization of a textile factory in Guangdong.  In 2004 hundreds of villagers, representing 150,000 inhabitants, around the Hanyuan Reservoir Area in Sichuan banded together to protest forced relocation and blockaded several villages. Police later opened fire killing 17 and wounding 40. While marches are infrequent in China, the Wukan incident began with a march of 5,000 villagers to Liufeng city to stage a sit-in during the early days of the protests over stolen land, which precipitated the now famous election. Upwards of 200 individuals, in July 2013, staged a two-week sit-in at the Ministry of Foreign Affairs in Beijing demanding greater transparency or participation in China’s human rights reporting to the UN. Activists from villagers to lawyers, often with the assistance of domestic or international NGOs, hold teach-ins to share grievances and exchange strategies for resistance. Despite scattered attempts to emulate the Arab Spring, the Chinese Jasmine Revolution of 2011 never took off. Critical activists and scholars are in agreement that this scale of national collective action is a long way off in China.

Symbolic resistance such as political mourning or politicized grave visitation, hunger strikes, and costumes or theater are not unknown in China. In 2011 Chengdu officials detained known activist Chen Yunfei as he prepared to travel to Beijing to pay his respects to former premier Zhao Ziyang, known for being sympathetic to the 1989 pro-democracy student movement, and in 2012 police in Beijing arrested more than 2,000 people on their way to demonstrate at his grave. While hunger strikes were traditionally associated with religious demonstrations, they have become more common among political prisoners, and publically. Activists in 2006 coordinated hunger strikes in at least 10 provinces across China to challenge government repression and support fellow dissidents. Recently, in March of 2013 activists staged a hunger strike at a school in Hefei city to protest the refusal to admit the ten-year-old daughter of political prisoner Zhang Lin. Chinese activists sometimes play on the association of white with death and incorporate symbolic dress into demonstrations or street theater.

Government Repression seeks actively to forestall movement formation through sophisticated surveillance and censorship apparatuses and strives to confine resistance to locality or issue specific claims. In the first half of 2013 the Central Government proclaimed the ‘seven don’t mentions’ of universal values, freedom of speech, civil rights, civil society, historical errors of the CCP, official bourgeoisie, and judicial independence. The 1989 Law on Assemblies essentially forbids dissident collective action and in 2013 the central prosecutors office promised to crackdown on all ‘illegal assembly’ that aims to ‘subvert state power.’ However, activists continue to develop robust networks of support for exchange and innovation.

Repertoire innovation in China has reacted to government repression and in many cases dramatized regime vulnerability, illegitimacy or hypocrisy, through the dyad of digital and rightful resistance. Despite regime attempts to control the Internet, from blocking Facebook, Twitter, and countless other websites and blogs, or in 2009 shutting down the Internet for ten months in Xinjiang province following ethnic riots, Chinese netizens continue to develop creative solutions to speak truth to power, such as renowned blogger Zhou Shuguang, aka Zola. Some rely on homonyms and oblique references to voice discontent, exposing a vulnerability that censors even web searches for ‘big yellow duck.’ The government has responded to the perceived threat of digital resistance with mass arrests and crackdowns. In August and September 2013 alone more than 400 netizens were placed in administrative detention. Rightful resistance describes petitioner’s reliance on Chinese law to frame their resistance and the growth of weiquan, rights defenders, who legally challenge government abuse of other activists, thus positioning an unorthodox demographic of resistance actor: the relatively intra-institutional activist couching their grievances in the vocabulary of the abusive state. Again, the state has responded to perceptions of a nonviolent threat with force, by rounding up and detaining weiquan lawyers, from Gao Zhisheng to Chen Guangcheng and countless others.

Despite growing internal security spending and repression techniques by the government, the number of resistance actors in China is likely to continue to rise unless the state seriously addresses widespread grievances. Because its internal security logic is based on force and manipulation, the growth of nonviolent resistance outside of its purview and the inter-connectivity of activists may eventually overburden the state’s capacity to forestall more national mobilization with local repression. And while the overall Chinese population may have agreed not to discuss the 1989 Tiananmen Massacre, they will not suffer another.

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)

‘The Danger of American Fascism’ by Henry A Wallace

The Danger of American Fascism by Henry A. Wallace

On April 4, 1944 the following op-ed piece appeared in the New York Times. It was written by then American Vice President Henry A. Wallace. Wallace served as President Franklin D. Roosevelt’s Vice President from 1941 until 1945. Wallace was also a third party nominee for the 1948 presidential elections. I have posted his article here because of its hauntingly prescient content, a prescience in 1944 that rings startlingly relevant to the face of American politics in 2013, sixty-nine years later. It needs little commentary or introduction.

The following text has been reposed from The New Deal Network. The text as it appears below is from Henry A. Wallace, Democracy Reborn (New York, 1944), edited by Russell Lord, p. 259.

  1. On returning from my trip to the West in February, I received a request from The New York Times to write a piece answering the following questions:
    1. What is a fascist?
    2. How many fascists have we?
    3. How dangerous are they?
  2. A fascist is one whose lust for money or power is combined with such an intensity of intolerance toward those of other races, parties, classes, religions, cultures, regions or nations as to make him ruthless in his use of deceit or violence to attain his ends. The supreme god of a fascist, to which his ends are directed, may be money or power; may be a race or a class; may be a military, clique or an economic group; or may be a culture, religion, or a political party.
  3. The perfect type of fascist throughout recent centuries has been the Prussian Junker, who developed such hatred for other races and such allegiance to a military clique as to make him willing at all times to engage in any degree of deceit and violence necessary to place his culture and race astride the world. In every big nation of the world are at least a few people who have the fascist temperament. Every Jew-baiter, every Catholic hater, is a fascist at heart. The hoodlums who have been desecrating churches, cathedrals and synagogues in some of our larger cities are ripe material for fascist leadership.
  4. The obvious types of American fascists are dealt with on the air and in the press. These demagogues and stooges are fronts for others. Dangerous as these people may be, they are not so significant as thousands of other people who have never been mentioned. The really dangerous American fascists are not those who are hooked up directly or indirectly with the Axis. The FBI has its finger on those. The dangerous American fascist is the man who wants to do in the United States in an American way what Hitler did in Germany in a Prussian way. The American fascist would prefer not to use violence. His method is to poison the channels of public information. With a fascist the problem is never how best to present the truth to the public but how best to use the news to deceive the public into giving the fascist and his group more money or more power.
  5. If we define an American fascist as one who in case of conflict puts money and power ahead of human beings, then there are undoubtedly several million fascists in the United States. There are probably several hundred thousand if we narrow the definition to include only those who in their search for money and power are ruthless and deceitful. Most American fascists are enthusiastically supporting the war effort. They are doing this even in those cases where they hope to have profitable connections with German chemical firms after the war ends. They are patriotic in time of war because it is to their interest to be so, but in time of peace they follow power and the dollar wherever they may lead.
  6. American fascism will not be really dangerous until there is a purposeful coalition among the cartelists, the deliberate poisoners of public information, and those who stand for the K.K.K. type of demagoguery.
  7. The European brand of fascism will probably present its most serious postwar threat to us via Latin America. The effect of the war has been to raise the cost of living in most Latin American countries much faster than the wages of labor. The fascists in most Latin American countries tell the people that the reason their wages will not buy as much in the way of goods is because of Yankee imperialism. The fascists in Latin America learn to speak and act like natives. Our chemical and other manufacturing concerns are all too often ready to let the Germans have Latin American markets, provided the American companies can work out an arrangement which will enable them to charge high prices to the consumer inside the United States. Following this war, technology will have reached such a point that it will be possible for Germans, using South America as a base, to cause us much more difficulty in World War III than they did in World War II. The military and landowning cliques in many South American countries will find it attractive financially to work with German fascist concerns as well as expedient from the standpoint of temporary power politics.
  8. Fascism is a worldwide disease. Its greatest threat to the United States will come after the war, either via Latin America or within the United States itself.
  9. Still another danger is represented by those who, paying lip service to democracy and the common welfare, in their insatiable greed for money and the power which money gives, do not hesitate surreptitiously to evade the laws designed to safeguard the public from monopolistic extortion. American fascists of this stamp were clandestinely aligned with their German counterparts before the war, and are even now preparing to resume where they left off, after “the present unpleasantness” ceases:
  10. The symptoms of fascist thinking are colored by environment and adapted to immediate circumstances. But always and everywhere they can be identified by their appeal to prejudice and by the desire to play upon the fears and vanities of different groups in order to gain power. It is no coincidence that the growth of modern tyrants has in every case been heralded by the growth of prejudice. It may be shocking to some people in this country to realize that, without meaning to do so, they hold views in common with Hitler when they preach discrimination against other religious, racial or economic groups. Likewise, many people whose patriotism is their proudest boast play Hitler’s game by retailing distrust of our Allies and by giving currency to snide suspicions without foundation in fact.
  11. The American fascists are most easily recognized by their deliberate perversion of truth and fact. Their newspapers and propaganda carefully cultivate every fissure of disunity, every crack in the common front against fascism. They use every opportunity to impugn democracy. They use isolationism as a slogan to conceal their own selfish imperialism. They cultivate hate and distrust of both Britain and Russia. They claim to be super-patriots, but they would destroy every liberty guaranteed by the Constitution. They demand free enterprise, but are the spokesmen for monopoly and vested interest. Their final objective toward which all their deceit is directed is to capture political power so that, using the power of the state and the power of the market simultaneously, they may keep the common man in eternal subjection.
  12. Several leaders of industry in this country who have gained a new vision of the meaning of opportunity through co-operation with government have warned the public openly that there are some selfish groups in industry who are willing to jeopardize the structure of American liberty to gain some temporary advantage. We all know the part that the cartels played in bringing Hitler to power, and the rule the giant German trusts have played in Nazi conquests. Monopolists who fear competition and who distrust democracy because it stands for equal opportunity would like to secure their position against small and energetic enterprise. In an effort to eliminate the possibility of any rival growing up, some monopolists would sacrifice democracy itself.
  13. It has been claimed at times that our modern age of technology facilitates dictatorship. What we must understand is that the industries, processes, and inventions created by modern science can be used either to subjugate or liberate. The choice is up to us. The myth of fascist efficiency has deluded many people. It was Mussolini’s vaunted claim that he “made the trains run on time.” In the end, however, he brought to the Italian people impoverishment and defeat. It was Hitler’s claim that he eliminated all unemployment in Germany. Neither is there unemployment in a prison camp.
  14. Democracy to crush fascism internally must demonstrate its capacity to “make the trains run on time.” It must develop the ability to keep people fully employed and at the same time balance the budget. It must put human beings first and dollars second. It must appeal to reason and decency and not to violence and deceit. We must not tolerate oppressive government or industrial oligarchy in the form of monopolies and cartels. As long as scientific research and inventive ingenuity outran our ability to devise social mechanisms to raise the living standards of the people, we may expect the liberal potential of the United States to increase. If this liberal potential is properly channeled, we may expect the area of freedom of the United States to increase. The problem is to spend up our rate of social invention in the service of the welfare of all the people.
  15. The worldwide, agelong struggle between fascism and democracy will not stop when the fighting ends in Germany and Japan. Democracy can win the peace only if it does two things:
    1. Speeds up the rate of political and economic inventions so that both production and, especially, distribution can match in their power and practical effect on the daily life of the common man the immense and growing volume of scientific research, mechanical invention and management technique.
    2. Vivifies with the greatest intensity the spiritual processes which are both the foundation and the very essence of democracy.
  16. The moral and spiritual aspects of both personal and international relationships have a practical bearing which so-called practical men deny. This dullness of vision regarding the importance of the general welfare to the individual is the measure of the failure of our schools and churches to teach the spiritual significance of genuine democracy. Until democracy in effective enthusiastic action fills the vacuum created by the power of modern inventions, we may expect the fascists to increase in power after the war both in the United States and in the world.
  17. Fascism in the postwar inevitably will push steadily for Anglo-Saxon imperialism and eventually for war with Russia. Already American fascists are talking and writing about this conflict and using it as an excuse for their internal hatreds and intolerances toward certain races, creeds and classes.
  18. It should also be evident that exhibitions of the native brand of fascism are not confined to any single section, class or religion. Happily, it can be said that as yet fascism has not captured a predominant place in the outlook of any American section, class or religion. It may be encountered in Wall Street, Main Street or Tobacco Road. Some even suspect that they can detect incipient traces of it along the Potomac. It is an infectious disease, and we must all be on our guard against intolerance, bigotry and the pretension of invidious distinction. But if we put our trust in the common sense of common men and “with malice toward none and charity for all” go forward on the great adventure of making political, economic and social democracy a practical reality, we shall not fail.

Ai Weiwei’s Wife Reflects on the Criminal Procedure Law (Redux)

((Disclaimer: After I first wrote this article and posted on the evening of March 7 there were several developments. The Revised Text for the New Criminal Procedure Law was made public. At 10:31am on March 8, 2012 Nicholas Bequelin of Human Rights Watch Tweeted: Breaking News: “Disappearance clause” stricken out of revisions to the Criminal Procedure Law. A significant victory for legal reformers…”  Carrying on the conversation Bequelin later tweeted: “What was particularly worrisome with the “disappearance clause” was the power to detain suspects OUTSIDE of formal detention places.” Joshua Rosenzweig of Siweiluozi Blog responded, “@Bequelin Police will be able to detain people outside of formal detention centers; but they won’t be able to do so without notifying anyone.” However, all this effectively means is that the new law is not granting the Public Security Bureau with greater freedoms and power of detention; it does not legalize what is already an extensive system of arbitrary detention and abuse as some feared. There are still a number of lingering questions and concerns. However, if these changes are true then it would appear that the drafters have at least honestly responded to public criticism, in the wording of the text at least, which is certainly a positive step.

Whereas the initial intent behind this blog entry was to offer a new look at an open letter in criticism of this very clause, now that it has reportedly been removed from the final version this blog entry will hopefully serve to remind those of us who have not been following this process as closely why this was such a ‘significant victory for legal reformers…’ and their families. I also hope that it will help to illuminate some of the difficulties facing dissidents and rights defenders in China for those with less background.))

——

This week at the National People’s Congress the much anticipated, much debated, revised Criminal Procedure Law (CPL) will be made public. This is the legal document most responsible for establishing the rights of criminal suspects, including dissidents accused of political crimes, and delimiting the powers of the police. For these reasons the contents, both the purportedly unequivocal printed text and the ambiguities of interpretation, will be the principle guiding legal standard for the vast majority of China’s legal system in the years to come; the revision under discussion is the first thorough reworking of the law since 1996.

One of China’s most famous dissidents, the internationally renowned artist Ai Weiwei, was disappeared earlier this year, prompting almost immediate international attention. Many fear that if certain sections of the draft CPL are made into law it would institutionalize the types of abuses suffered by Ai Weiwei and countless others, most without an international advocacy network, who end up languishing for years shunted about from one facility to another, in and out of contact with their loved ones.

Back in September Ai Weiwei’s wife, Lu Qing, sent a letter to the Law Committee of the National People’s Congress (NPC) Standing Committee to request further deliberation by the NPC concerning the draft Criminal Procedure Law. Her contention with the draft legislation, as has been discussed elsewhere (See China Geeks, Siweiluozi Blog), was with a number of articles that afford the police the right to carry out residential surveillance and detain a suspect without the need to notify their family if the suspect is deemed, by the police, to represent a threat to national security. The problem with these articles is that they provide for the police to not only carry out residential surveillance at the suspect’s residence but to move the suspect to a designated location, outside of a residence, detention facility, or police station, when the situation is deemed sensitive for purposes of terrorism, cases endangering state security, or large scale corruption. In such cases the police are not required to notify anyone of the suspects whereabouts. Under the draft law, this condition of enforced disappearance can carry on for up to six months. Human Rights Watch has noted, “Disappeared’ people are often at high risk of torture, a risk even greater when they are detained outside of formal detention facilities such as prisons and police stations.” Nicholas Bequelin, senior Asia division researcher for Human Rights Watch has pointed out that if this provision in the draft CPL is written into law it would only legitimize what is currently an illegal practice.

In her letter Lu demands that the draft CPL should constrain and monitor police power, rather than legitimize arbitrary and extralegal activities. Only in this way, she states, can citizens be protected by the law, and exercise their fundamental human rights. Lu Qing’s letter was mailed and published on Ai Weiwei’s Google+ account during the designated 30 day period (August 30-September 30) for public commentary invited by the drafters of the new law. The very fact of calling on public commentary in the drafting process of a new law has received considerable attention; Elizabeth M. Lynch of China Law and Policy has an interesting analysis.

Now, as the likely unveiling of the new law draws near, Lu’s comments are worth revisiting. Below is a rough (my apologies) translation of Lu Qing’s open letter. The letter is also available, in Chinese, following the English translation or on the Human Rights in China Website, here. It first appeared on the HRIC Website on 28 September 2011.

——–

Opinions on the Draft Criminal Procedure Law of the People’s Republic of China

Law Committee of the National People’s Congress Standing Committee:

As a Chinese citizen, I recognize that the Standing Committee of the National People’s Congress is in the process of soliciting public commentary on the revised draft of the Criminal Procedure Law of the People’s Republic of China. Included in the revised law is Article 30, which affords the Public Security Bureau the ability to place a suspect in residential surveillance without notifying their family members in special circumstances, and articles 36 and 39, which stipulate that the Public Security Bureau can carry out detention or arrest without notifying family members. This will make basic protection of Chinese citizen’s rights impossible. Where residential surveillance can turn into secret detentions it is a clear violation of the constitution. I request that the National People’s Congress consider not passing the amendments to articles 30, 36, and 39. It should be clear that regardless of who the Public Security Bureau detains, arrests, places under residential surveillance or any other form of coercive measure, their family should be notified within the legal time period.

My name is Lu Qing. I am a Chinese citizen. My husband, Ai Weiwei, the artist, architect, active member of civil society, and curator at Fake Cultural Development Limited, was taken from customs at the Beijing International Airport on April 3 as he was preparing to leave. After this he was missing for as long as 81 days. We receive no official or formal information, no notice of why he was taken, where he was being held, or his physical condition.

Friends and relatives were all very worried because of his unknown whereabouts. We were worried and angry. Ai Weiwei’s 80 year old mother was so worried that she was unable to sleep for nights on end, and forced to take medications to maintain her health, suffering extreme psychological duress. We asked everywhere, frantically inquiring about his whereabouts, reporting him missing to the local police. We sent letters to the Beijing Public Security Bureau, the Procuratorate, The Political and Law Commission, the Discipline Inspection Commission, and the Ministry of Public Security. We received no answers. These 81 days of Ai Weiwei’s disappearance caused immense physical and psychological injury to our family.

On June 22 Ai Weiwei was released on bail and returned to his family. We never received formal documents from the Public Security Bureau after he was taken away. After he was taken away he was required to sign a so-called residential surveillance notice but he was held at a secret location on the outskirts of Beijing.

When a citizen is taken into police custody, providing some kind of notification to the family concerning their whereabouts is a basic right. Family members are not accomplices and should have the right to know. When a society fails to protect even one citizen’s fundamental rights, the whole society is injured.

A civilized country ought to respect the fundamental rights of its people. If the above mentioned articles are passed into law, it will cause a serious regression in China’s legal system, human rights will suffer, and it will obstruct the course of our civilization. I hope that this amendment to the Criminal Procedure Law will restrain arbitrary enforcement by the Public Security Bureau, and provide citizens with legal protection, to genuinely achieve fundamental human rights as they are enshrined in the Chinese Constitution.

Opinion: Lu Qing

September 28, 2011

对《中华人民共和国刑事诉讼法修正案(草案)》的意见

全国人大常委会法制工作委员会:

我 作为一名中国公民,看到全国人大常委会正在公开征求《中华人民共和国刑事诉讼法》修订草案的意见,其中,《修正案》“第30条”规定了公安机关可给嫌疑人 指定监视居住地点,不通知家属的特殊排除条款;《修正案》“第36条”、“第39条”规定了公安机关采取拘留、逮捕措施可以不通知家属的特殊排除条款;使 中国公民人身权利无法得到最基本的保障,使监视居住变成了秘密关押,公然违反宪法。我要求全国人大审议时,对修正案第30条、36条、39条中特殊排除条 款不予通过,明确公安机关对任何公民采取拘留、逮捕或监视居住等强制措施时,都应当在法定时间内不加区别地通知到家属。

我叫路青,中国公民,画家,我的先生艾未未,一位艺术家,建筑师,公民社会的参与者,发课文化发展有限公司设计师,今年4月3日在出北京首都机场海关时被带走,失踪长达81天,我们没有收到官方的任何手续,不知道他为什么被抓,被关在哪里,身体状况如何。

亲 人朋友都为他的下落不明焦虑、担忧和愤怒。艾未未的母亲,八十多岁,为此日夜担心,寝食难安,只能用药物来控制身体健康,精神上遭到巨大的折磨,家人四处 打听,到他的失踪地点备案,到居住地及户籍所在地派出所报案,写寻人启事,向北京市公安局、检察院、政法委、纪委和公安部写信,都没有任何答复。艾未未 81天失踪给家人带来了巨大的身心伤害。

6月22日艾未未先生以“取保候审”名义回到家中,我们是没有得到任何公安机关的手续,他被公安机关带走后,曾被要求签署了一份所谓的“监视居住”的通知书,被关押在北京郊区一个秘密的地点。

一个公民被公安机关带走,给家属一个通知是对公民最基本人权的尊重。家属不是同案犯,应当有知情权。当社会失去了对一个公民的基本权利的保护,整个社会也受到伤害。

一个文明的国家,应当尊重人的最基本的权利。如果上述条款得以通过,是中国法制的倒退,是人权的恶化,阻碍了我们文明进程。我希望本次刑事诉讼法修正案能限制公安机关执法的任意性,使公民在公权力面前得到法律的保护,真正实现宪法中所体现的基本人权。

意见人:路青

二○一一年九月二十八日

The Politics of Representing ‘Uyghur,’ a socio-historical sketch

This piece was republished by the World Uyghur Congress. It is also available on their website.

At 6pm on Tuesday, the 28th of February violence erupted in the desert town of Kargilik, between Kashgar and Hotan, in the Xinjiang Uyghur Autonomous Region in China. Armed with knives or axes (depending on the report), whether desperate or deranged, several men unleashed a short spree of bloodletting. The violence resulted in between 12 and 20 dead. The Washington Post, noting 12 deaths, reported,

Officials and state media said the bloodshed started when assailants attacked civilians with knives on a commercial street in Yecheng city, killing 10 people; police fatally shot two of the attackers, the official accounts said.

Chinese Foreign Ministry spokesman Hong Lei callled the attackers “terrorists” and said they attacked innocent civilians, “cruelly killing several of them in an appalling manner.”

This event is happening only days before the National People’s Congress is set to meet in Beijing, on 5 March. This is important in that the NPC will spend time passing into law the revised Criminal Procedure Law, which stands to potentially legalize a number of draconian policies for dealing with security, and terrorist-framed issues. Senior Asia researcher at Human Rights Watch, Nicholas Bequelin, points out that, in particular, Article 73 of the CPL poses considerable concern for human rights activists and members of Uyghur or Tibetan groups who are often framed as violent threats to the state. Understanding the violence in Xinjiang is part of a greater discursive battle, with physical and structural ramifications.

The Uyghur Human Rights Project reports that, “The Uyghur American Association (UAA) calls upon the international community to view official Chinese statements about the reported deaths with extreme caution until independent observers are allowed to investigate the incident.” And within reason.

Edward Wang’s piece in the New York Times points out that, “As with virtually all such events in remote parts of China, there were competing accounts of the violence on Tuesday… A report on a Web site run by the propaganda bureau of Xinjiang said Wednesday that 13 people were killed and many others injured when nine “terrorists” armed with knives stabbed people in a crowd… police shot dead seven attackers and captured the other two… Global Times, an officially approved newspaper, reported that attackers killed at least 10 people… Xinhua, the state news agency, reported that the police shot dead at least two attackers.”

As information about this episode of violence unfolds it is important to keep in mind Wang’s critical remarks, and understand the complexity of the politics of representation. The following examination is meant primarily for those with a limited knowledge of Uyghur history and aims to elucidate some of the situation in Xinjiang and provide a background for understanding the unfolding accounts of violence, and the framing of Uyghurs in Xinjiang. Although it is geared more as an introduction to the unfamiliar, it also presents information and ideas that those more accustomed to examining and analyzing the region will no doubt find informative.

Uyghurs, an ethnic Turkic and predominantly Sunni Muslim minority group which are culturally and linguistically distinct from the majority Han, trace their ancestry to the geographic region known today as the Xinjiang Uyghur Autonomous Region (XUAR). The word Xinjiang in Chinese, (新疆), means new territory or frontier. However, many Uyghurs, both inside the XUAR and abroad, tend to perceive this word as synonymous with colonial power. Perceptions that range from economic or political marginalization to victimization by an organized campaign to stamp out cultural identity and autonomy are best explained through a narrative analysis of the subjective meaning of name of the province for those who are purportedly autonomous within.

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. (A Uyghur student who has been living outside of China for five years, for safety reasons names will not be included.)

We hate that word. We don’t even have the right to say our hometown in our own language. (A Uyghur youth with whom I spoke in Kashgar, 2011)

This word, when I was young, I didn’t have any special feeling. Chinese just call our region as Xinjiang. But how do we call it? But 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. (A Uyghur who has been living outside of China for two and a half years, and has since renounced Chinese citizenship out of fear of persecution.)

In this brief discussion, it is neither my intention to challenge nor certify the word Xinjiang but for consistency I will refer to the region as such. I do acknowledge the significance it has for many Uyghurs as a symbol of oppression or discrusive target of claim-making within a broader framework of resistance and cultural re-articulation.

The preferred name, once Uyghurs are more free to express discursive resistance outside of China and for those more daring who still reside inside China, is East Turkestan. In China, however, it is illegal to mention East Turkestan, Dong Tujuesitan,and the image of the East Turkestan flag, a crescent moon and star on a blue field, is forbidden from public and private space.In December 1999, for example, two men were arrested and charged with 15 and 13 years in prison for merely hoisting the East Turkestan flag in place of the Chinese Flag at a courthouse in Xinjiang.

The reason for China’s response to the ‘East Turkestan’ frame, from central government perspectives, is clear. It presents an implicit history of an independent Uyghur nation which challenges the official Chinese history. Therefore, the Chinese government routinely conflates all mention of ‘East Turkestan’ with separatism and, particularly after the establishment of the US led War on Terror, with terrorism (Dwyer, 2005). The use and interpretation of the ‘East Turkestan’ frame has become a constituent of domination and resistance, when protests, non-violent or otherwise, flare up in the region the government hastily blames it on the influence of ‘East Turkestan’ terrorist groups or foreign interference, as it does with blaming the Dalai Lama for any contention among Tibetan groups.

Before we can even begin to grasp a more profound understanding of the last few years’ episodes of conflict within the province we must develop an understanding of the significance of the words ‘Xinjiang’ and ‘East Turkestan,’ and the social-historical context from which the phenomenon derives its meaning and force.

In 1759, Qing troops conquered the region in what had been a long history of territorial conflict (Millward, 2007). China has at times admitted this history but used it rhetorically to state, “that 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 to counter Uyghur claims to a 4000 year history of multiple independent kingdoms, as noted on the World Uyghur Congress Website. While the predominant Chinese narrative is that Xinjiang has been an integral part of Han Chinese rule for centuries (Beijing, 2003; Shandong, 2010), others have suggested that the region was not incorporated into the empire until 1821 (Gladney, 2004: 215).

Conflict throughout this period was protracted. In 1864, Qing administration was jolted by the Yakub Beg rebellion which resulted in the independent Khanate of Kashgaria (Gladney, 2004). However, Beg’s sudden death in Korla in 1877 effectively brought an end to organized anti-Qing resistance; and, although Xinjiang had been treated more as a colony to this point, it was shortly thereafter officially made a province in 1884 (Millward, 2007). The collapse of the Qing dynasty in 1911 sank China into chaos. In Xinjiang, uprisings and brutal crackdowns were prevalent (Gladney, 2004) as the region was split between a series of warlords and the competing geo-political interests of the Soviet Union and emerging rivalry between the Guomingdang (Nationalist) and Communist party of China (Bovingdon, 2010; Millward 2007; Gladney, 2003, 2004).

Millward (2007) provides a vivid account of rapidly shifting power dynamics during this period. On 12 November 1933, the East Turkestan Republic (ETR) was established in Kashgar. Its leaders were predominantly educators and merchants who had been influential reformers in the 1910s and 20s. A year later the ETR would fall to the infamous warlord Sheng Shicai. On 12 November 1944, the second ETR was established in Ghulja. Ahmetjan Qasimi, Mehmet Emin Buğra and Isa Yusuf Alptekin were influential forces in this time, and remain as Uyghur heroes.

The hope of lasting independence went down in flames on 27 August 1949. Although the negotiations for an independent Uyghur nation had essentially already been resolved much earlier, for the CCP had agreed to this in exchange for Uyghur military assistance against the Guomingdang, Ahmetjan Qasimi and a coterie of Xinjiang’s top Uyghurs were invited to Beijing to meet with Mao on the issue of independence. However, somewhere en route their plane mysteriously crashed. Their deaths would be kept secret until several months after the Chinese Army had fully occupied the region. The death of so many well educated and capable leaders resulted in a leadership vacuum for the region’s Uyghurs. This lesson has not been lost and, although it is a strictly taboo subject to discuss in public both the two independent republics and the mysterious plane crash are well known and hushed topics.In her memoir, World Uyghur Congress (WUC) 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 (Kadeer, 2009; 11).”

Despite this history of indigenous resistance to perceived foreign—Qing, Russian, CCP—occupation, Chinese sources tend to represent the independent republics as the result of abusive foreign governments (Chen, 2009). Official media sources in China go as far to relate 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 Turkestan’ and fabricated a history which had not even existed. While Chinese officials and scholars may have 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 (Bovingdon, 2010; 39).” The representation of Xinjiang as an ancient and unbroken part of China became the official discourse within China and diverging from this discourse became a crime tantamount to terrorism. However, it has been continually contested by the Uyghur diaspora, and many third party scholars.

Because the Chinese government frequently blames domestic contention on the manipulation of foreign organizations, framed as violent separatist groups with no authority in China, it is important to quickly examine Uyghur deterritorialization.

Yitzhak Shichor (2003, 2009) provides a rich history of Uyghur diffusion. In 1949, Alptekin and Buğra led the first major wave of a Uyghur exodus from Xinjiang to neighboring Kashmir. By 1952, owing to Alptekin’s efforts, pressure from the US and the UNHCR Turkey accepted around 2,000 Uyghur refugees for resettlement in Kayseri. This marked the second phase of Uyghur migration. By a decade later a sizable community had also started to form in Istanbul. The third phase of Uyghur migration can be divided into two separate waves. The first began with post-Mao reforms in the late 1970s, with greater flight from China, mainly to Central Asian countries and Turkey. The second wave was composed of Uyghurs migrating from host countries such as Turkey to a third host country in North America or Western Europe (Shichor, 2003: 285). The global headquarters of the World Uyghur Congress is in Munich. Still, the diaspora is relatively small. The majority of Uyghurs still live in Xinjiang. There a different migration, Han moving from inner China, encouraged by uneven access to opportunities at the expense of Uyghurs, is perceived by Uyghurs as a direct economic and cultural attack.

Due less to migration of Uyghurs out of Xinjiang than to steady Han migration into Xinjiang, from 1947 until the present the demographics of Xinjiang have dramatically shifted. The majority of Uyghurs with whom I have spoken have brought this up as one of the gravest threats to their cultural survival. The Han population in the region has increased at an average rate of 8.1 per cent yearly, from 5 per cent in 1947 to around 40 per cent in 2000 (Millward, 2007: 307). Information for 2010 from the National Bureau of Statistics in China reports the percentage of Han as 40.1 per cent and conflates the remaining 59.9 per cent to an amalgamation of the other ethnic groups. This census representation, I would argue, is done in part to stifle ethnic based mobilization and to legitimize official histories of Chinese presence in the region.

A few years ago, in Korla, I was asked by one Uyghur how many Uyghurs lived in Xinjiang. When I told him that I knew that the given number is usually around 9 million he replied that the number is actually double but that, “the government will never say there is more than 10 million Uyghurs. Because when a nation has more than 10 million,” he choked with emotion, “they have to get their own country.” This sentiment is illustrative of the perceptions of repressive intentions behind various forms of representation, including the census. Representing or misrepresenting population figures is a way to dominate a given group but it can also be transformed into a counter-discourse if the population claims greater numbers than official figures. Uyghur sources report from 15 to 20 million Uyghurs in Xinjiang.

Admittedly, the history of this conflict has been represented in opposing narratives by Chinese, Uyghur, and third party historians. This is understandable considering actors in political conflicts often appeal to history to legitimize their cases (Bovingdon, 2010: 23). At times, it becomes difficult to disentangle the opposing representations. It does appear, however, that some accounts (Bovingdon, 2010; Gladney, 2003; 2004; Millward, 2007; Shichor, 2003; 2009) are more resonant with Uyghur narratives. This is important to separate from narratives obedient to Chinese cultural and historical hegemony. Understood from an analysis of the literature and discussion with Uyghurs, official Chinese accounts can be seen as representational repression. It is important to keep in mind as news and representations of the violence in Kargilik unfolds.

We should keep in mind that prematurely conceptualizing cycles of violence in terms of dyadic ethnic clashes distorts the complexity of the phenomenon as to render analysis facile. Conflation of contention to one category whether male/female, rich/poor, or in-group/out-group fails to take into consideration a multiplicity of influences and identities, as noted by Amartya Sen in Identity and Violence: The Illusion of Destiny. Similarly, be wary of attempts to present some definitive sketch of ‘Uyghur.’ There is none. On this, it is worth quoting Gaye Christoffersen in length.

“Western and Chinese discourse on ‘the Uyghur’ tends towards making essentializing arguments that assume there is a ‘Universal Uyghur’ with an unchanging essence and fixed properties, whether living in Xinjiang, the Central Asian diaspora, Afghanistan, Turkey, Germany or the United States. Uyghur identity formation, difficult to begin with, is complicated further by outside forces attempting to construct a monolithic identity that would fit their particular vision. It is their essentializing imagery that victimizes Uyghurs by forcing them to assimilate to alien visions. The vast majority of Uyghurs in Xinjiang have no voice in world affairs, instead becoming the object of the politics of representation by outside forces (2002; 3).”

PART ONE IN A PLANNED SERIES ON UYGHURS AND XINJIANG

Kashgar Old City, 2011

This article was republished on the Website for the World Uyghur Congress.

Works Cited:

Bovingdon, Gardner (2010). The Uyghurs: Strangers in Their Own Land. New York: Columbia University Press.

Chen, Xi (2007). “Between Defiance and Obedience: Protest Opportunism in China,” in Perry,Elizabeth J. and Goldman, Merle (2007), Grassroots Political Reform in Contemporary China. Cambridge: Harvard University Press. 253-281.

Christoffersen, Gaye (2002). “Constituting the Uyghur in U.S.-China Relations: The Geopolitics of Identity in the War on Terrorism.” Strategic Insight White Paper: Centor for Contemporary Conflict at the Naval Postgraduate School.

Gladney, Dru. C (2003). “Islam in China: Accommodation or Separatism?” The China Quarterly, No. 174, Religion in China Today.

———- (2004). Dislocating China: Reflections on Muslims, Minorities and other Subaltern Subjects. London: C. Hurst & Co. (Publishers) Ltd.

Kadeer, Rebiya; trans. Alexandra Cavelius (2009). Dragon Fighter: One Woman’s Epic Struggle for Peace with China. USA: Kales Press, Inc.

Millward, James A., (2007). Eurasian Crossroads: A History of Xinjiang, London:  C. Hurst & Co.

Sen, Amartya (2007). Identity and violence: the illusion of destiny. New York: W W Norton & Co Inc.

Shichor, Yitzhak (2003). “Virtual Transnationalism: Uygur Communities in Europe and the Quest for Eastern Turkestan Independence.” in Allievi, Stefano and Nielsen, Jorgen S. (2003), Muslim Networks and Transnational Communities in and Across Europe.  Leiden: Brill. 281-311

———- (2009). Ethno-Diplomacy: The Uyghur Hitch in Sino-Turkish Relations. Honolulu: The East West Center.

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