A striking pose: labor resistance in China

This article was originally published on May Day at wagingnonviolence.org here. It was also kindly republished by China Labour Bulletin here.

As if in anticipation of May Day, one of the largest episodes of labor resistance in decades unfurled in Southern China like a great red carpet of contention throughout the month of April. Beginning on April 5 and seething intermittently for several weeks, tens of thousands of workers demonstrated at the Yue Yuen factory in Dongguan. The Yue Yuen incident should be seen from the perspective of China’s nascent labor movement, as an episode in a steady trajectory of resistance.

Yue Yuen is the largest sports shoe manufacturer in the world, supplying Adidas, Nike, Puma, Crocs, Timberland, and many other brands. The demonstration against the factory came to its first crescendo on April 14 as hundreds of police attacked the workers. The strikers were undaunted and by the following week the number of workers on strike had risen to around 40,000. Students in nearby Guangzhou glued posters outside of Nike stores in solidarity with the striking workers. Meanwhile, according to China Digital Times, government censors issued directives that domestic media delete all content related to the incident.

The workers had taken to the streets in protest of the company’s ongoing failure to pay its 70,000 employees their full social security and housing allowance. Worker grievances also included the thousands of fraudulent contracts they had been forced to sign, which prevented their children from enrolling in free local education, forcing them to pay for specialty migrant worker children schools. These are common grievances among China’s some 250 million migrant workers, who are building lives in the cities rather than returning to the countryside with their wages.

A 2010 survey conducted by China’s National Bureau of Statistics noted 61.6 percent of all migrant workers were born after 1980. This new generation of migrant workers differ from their parents in fundamental ways.

A theme explored in Lixin Fan’s 2009 documentary “Last Train Home,” is the shifting of identity away from the village to the city. Many new generation migrant workers grew up in or were born in cities. This urban identity is associated with more education and skills than their parents, a more independent attitude, and a greater fluency in the Internet and social media. Such differences have arguably influenced the evolution of labor resistance.

Yue Yuen workers were supported by independent labor rights organizations, such as Shenzhen Chunfeng Labor Dispute Service Center. Labor activists from this organization, Zhang Zhiru and Lin Dong, helped coordinate the action through various social media platforms, and urged the workers to remain nonviolent. In response, the police detained Zhang and Lin on 22 April 22. At the time of writing, Lin Dong was still being held in criminal detention. Union representatives, on the other hand, were conspicuously absent during the strike.

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

Where is the union?

The largest trade union in the world, the All China Federation of Trade Unions has 239 million members according to 2010 figures. However, the reputation of the ACFTU as the protector of workers’ rights in China has long been suspect due to subordination to elite interests within the ruling Communist Party of China.

When it ratified the International Covenant on Economic, Social and Cultural Rights on March 27, 2001, China made a reservation to Article 8.1(a), which guarantees the right to form and freely join trade unions, stating that its application must be consistent with relevant domestic laws, the typical rhetoric of exemption. Although the Chinese Labor Law encourages collective bargaining on paper it is clear from precedent that the collective bargaining process has most often been shallow and disproportionately favors enterprise, while the freedom of association that is purportedly guaranteed in the Chinese Constitution is often infringed.

China has, furthermore, continually failed to ratify fundamental International Labor Organization conventions, including CO87, the Freedom of Association and Protection of the Right to Organize, and CO98, the Right to Organize and Collective Bargaining.

With a regulation stating that union chairs must be approved by Communist Party officials, it is not uncommon that union representatives are appointed from among factory management or that union officials beat workers back from strikes with truncheons. It is little wonder that the rise in labor resistance is more attributed to horizontal organization within and between factories and supported by independent labor rights organizations rather than through union coordination.

Two episodes that are often accepted as benchmarks in labor resistance, due to the nature of their grievances, sophistication of organization, and relative successes are the 2002 demonstrations by unremunerated workers against the Ferro-Alloy factory bankruptcy and the 2010 strikes at a series of Honda factories over unlivable wages and worker representation.

Resistance at Honda

For weeks in May and June of 2010 workers from several Honda auto parts factories in southern China orchestrated a series of nonviolent demonstrations beginning in Foshan. Most labor disputes in China arise over unpaid or underpaid wages, but the Honda demonstrators demanded large wage increases and a graduated wage scale. According to interviews at the time, as the strike continued, workers “developed higher consciousness of the importance of setting up a democratic union organization in their factory” and included in their demands the right to freely elect representatives.

On the afternoon of May 31, rather than responding to these demands, the local trade union dispatched around 200 officials. Identifiable by matching yellow hats, they attacked a small crowd of gathered workers. Many were beaten. The confrontations escalated but the demonstrators remained firm. They demanded a response from the union and the company and eventually succeeded in gaining limited rights in electing their own representatives and earned a 35 percent wage increase; student interns received an even higher percent wage increase. The successes of the first strike spread to several other Honda factories in June.

Two of the early organizers in the Foshan demonstrations, in their early 20s, had already quit but decided to organize for the benefit of their fellow employees while they waited to be transferred. In Foshan, several workers wrote updates on personal blogs and many of the demonstrators and supporters were active on QQ, a popular Chinese social media platform. At follow up actions, Honda workers uploaded cell phone videos online.

The success of Honda workers has been hailed by labor rights organizations as something of a turning point. Their demands demonstrated increasing awareness of the need for worker representation and that migrant workers are increasingly eager to negotiate their own terms and build sustainable lives in cities.

Ferro Alloy

In early March 2002, after three years of simmering tensions, thousands of employees of the Liaoyang Ferro-Alloy factory in the northeastern province of Liaoning marched on the city government building. They were joined en route by thousands of workers from other factories. Later, the arrest of several Ferro-Alloy worker representatives sparked greater coordination and swelled the numbers to more than 30,000 demonstrators by March 18. Among their main grievances were unpaid housing allotments, pension contributions, social security payments and owed wages. Workers demanded investigation into the misappropriation of funds that they claimed had lead to the company’s bankruptcy and refusal to pay workers.

While also creating petitions and making legal demands, the Ferro-Alloy protests, as noted by UCLA sociologist Ching Kwan Lee in her 2007  book Labor Protests in China’s Rustbelt and Sunbelt, “involved inter-factory coordination and political demands for the removal of city officials.” These tactics set it apart from previous labor protests. Like the Yue Yuen strike, ACFTU representatives were conspicuously absent from the demonstrations in Liaoning and later sided with the state’s hardline stance against workers.

By the middle of March, the government — no longer willing to negotiate — launched a series of counter-strikes. At first attempting to subvert the movement from within through agents provocateur and political spin in domestic media. The state eventually responded with mass arrests. While several of the main organizers, such as Yao Fuxin, were arrested, so were those targeted by worker claims. Yao Fuxin was sentenced to seven years for illegal assembly and subversion, while the former director of the Ferro-Alloy factory was sentenced to 13 years on smuggling charges. Other company and party officials were also sentenced. The central government instituted new provisions that made it more difficult for enterprises to declare bankruptcy without guaranteeing provisions for workers, as the Ferro-Alloy factory had attempted.

Labor looking forward

While such episodes demonstrate that coordination is possible, it is arguable whether China has a labor movement. The sustainability and national coordination of individual episodes of labor resistance is underdeveloped and the Communist Party works tirelessly to constrain national mobilization. The bulk of labor resistance is still often spontaneous, but younger workers are injecting innovative ideas with the guidance of increasingly professional labor activists inside China and abroad. The nascent movement has made strides. As collective identity among workers has increased, so has organizing capabilities; with new support, workers are becoming more proactive and successful.

The international community can continue to support labor resistance in China by expressing solidarity for all nonviolent labor resistance and making consumer or political decisions at home. When the Yue Yuen strike started, Adidas moved a bulk of its orders to other suppliers. In response, solidarity actions were staged at Adidas stores from Hong Kong to Istanbul and New York. Monitoring the situation of labor rights defenders and standing resolute on arbitrary detention, communicating with international organizations and local political representatives have contributed to the international struggle for labor rights and will continue to benefit Chinese workers.

Yue Yuen and the world

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

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

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

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

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

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

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

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

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

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

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

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

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 Securitization of Social Media in China

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

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

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

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

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

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

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

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

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

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

Lawyers also Tweet

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

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

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

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

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

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

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

Conclusion

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

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

Revisiting Righteous Indignation

Originally published by Dissident Voice on 20 January 2014.

Revisiting Righteous Indignation: the Radical Tradition of Martin Luther King Jr.

There’s a scene in Lee Daniel’s The Butler when the son of Forest Whitaker’s character is sitting in the Lorraine Motel with Dr. Martin Luther King Jr., shortly before his assassination. Dr. King asks those assembled, “How many of your parents support the war?” All the young men gathered in the room raise their hands, and in one sentence King summarizes that his opposition to the war is because the Vietnamese do not prejudice blacks. There is something insidious in this scene, unintentional by the director, no doubt. It is the reproduction of the simplification myth of Dr. King the crusader of a narrowly conceptualized struggle, rather than the fiery radical that he was. His opposition to the Vietnam War was far more complex than the one liner afforded his character in the film, but the portrayal is sadly in line with the hijacking of his comprehensive philosophy. For King’s was a radicalism of total justice, for black, white, rich, poor, gay, lesbian, Christian, Jew, or Muslim, that bears remembering as we honor him with a federal holiday this week.

One year to the day before his assassination, on April 4th, 1967, Dr. King delivered his most critical and divisive speech, Beyond Vietnam: A Time to Break Silence. It was an impassioned excoriation of imperialism and militarism, against the American government that King referred to as the “greatest purveyor of violence in the world.” There was no ambivalence in his conviction. He had refused a first draft prepared by his close friend and legal counsel, Clarence Jones, which attempted to present multiple sides, favoring the total condemnation of war provided in Vincent Harding’s first version. The two men agreed; their conscience left them no other choice but to speak out. King says:

It seemed as if there was a real promise of hope for the poor — both black and white — through the poverty program. There were experiments, hopes, new beginnings. Then came the buildup in Vietnam and I watched the program broken and eviscerated as if it were some idle political plaything of a society gone mad on war, and I knew that America would never invest the necessary funds or energies in rehabilitation of its poor so long as adventures like Vietnam continued to draw men and skills and money like some demonic destructive suction tube. So I was increasingly compelled to see the war as an enemy of the poor and to attack it as such.

Four years earlier, in a Letter from a Birmingham Jail Dr. King acknowledged that, “Injustice anywhere is a threat to justice everywhere.” He was certainly focused on combating the institutionalized terror of segregation and racism, which was the target of the direct action that found him in that Birmingham Jail on April 16th, 1963. But, his concern for justice everywhere extended beyond contemporary popular depictions that his campaigning was confined to concerns of race alone. King makes it very clear,

I am convinced that if we are to get on the right side of the world revolution, we as a nation must undergo a radical revolution of values. We must rapidly begin the shift from a “thing-oriented” society to a “person-oriented” society. When machines and computers, profit motives and property rights are considered more important than people, the giant triplets of racism, materialism, and militarism are incapable of being conquered.

Of course, that same purveyor of violence abroad targeted in Beyond Vietnam, the United States, perpetrated and sponsored a great deal of violence against its own people and the struggle for human rights in the United States is a savage one still raging 28 years after the first Martin Luther King Jr. Day, as myriad incidents such as the killing and trial surrounding Trayvon Martin or Jena 6 illustrate. It is not my intention to downplay the brutality of racial injustice targeted by King and others. My intention is to point out that King acknowledged that the causes of these and other injustices were inherently linked to a certain structure of oppression. King and others targeted the totality of this violent power structure through sustained nonviolent action. It is that narrative of comprehensive resistance that has been sterilized. In sickening episodes of appropriation, King has become a plaything in the hands of those who seek to justify their profiting from that same structure of abuse that he fought against with the bastardization of his legacy.

King’s most famous oration is his I Have a Dream speech and rightly should it be hailed for its outstanding rhetoric and the power of change it inspired. But so is “not by the color of their skin but by the content of their character” far less threatening to the established structure of power than denouncing it as the greatest purveyor of violence in the world. Latching onto King as the desegregater and not King the fiery radical is more comfortable for the creation of King the symbol.

Vincent Harding explained in a 2013 interview that conservatives love to take hold of the I have a Dream speech when King talks about not being judged by the color of ones skin as a way to avoid discussing race at all. In the same interview Harding challenges us to find ways to discover the content of one’s character. It is through critical dialogue, through nonviolent engagement, he says. Meanwhile, as evidence of Harding’s concern, former Republican Florida representative, Allen West, wrote in an article for USA News on the 50th anniversary of that speech, that King’s dream had been derailed by liberal politics. While Dr. King advocated evaluation on the content of one’s character, he opined, Americans had instead voted for Obama strictly based upon the color of his skin.

The famous speech was uttered to an assembled crowd of more than 250,000 people in front of the Lincoln Memorial on August 28, 1963. With reason it is remembered as a decisive moment in the American Civil Rights Movement. What is often altered through the lens of history, however, is the action at which the speech was delivered. The March on Washington for Jobs and Freedom was as much about race as it was about economic inequality. Its chief architects remind us of the diversity of participation and the complexity of grievances within the Civil Rights Movement. The 1963 campaign drew its inspiration from the 1940’s desegregationist and labor rights March on Washington Movement organized by Philip Randolph, who began as a labor organizer and activist in New York in 1917, and Bayard Rustin, an openly gay former Quaker conscientious objector during World War II. It is this confluence of interests that better encapsulates the character of King’s resistance, so callously warped by Allen West 50 years later.

There is no greater bastardization of King’s legacy than Glenn Beck’s 2010 so-called ‘Restoring Honor Rally.’ In his characteristic histrionics Beck credited divine inspiration in the timing of his political theatre set to coincide with the 47th anniversary of King’s I have a Dream speech. He claimed to be picking up Martin Luther King’s dream in order to restore and finish it. But Beck’s narrative is one of resounding contradiction to everything epitomized by Martin Luther King.

A month preceding the farce Glenn Beck spoke with King’s niece, Dr. Alveda King, who later also participated in his rally, alongside Sarah Palin and others. Shockingly the niece embraced Beck’s subterfuge on his television program. The two, joined by then Republican congressional hopeful Stephen Broden, went so far as to cite the Biblical idea of an individual relationship with God as the justification for neo-liberal individualism, and the implicit demonization of social welfare. The outrage is not in their personal interpretation of Biblical text but the way their discussion forced that argument into their constructed narrative of Martin Luther King. The obscenity continued when Alveda King claimed that her uncle would have approved of Beck’s message.

Not only did Beck use the platform of his rally to further his rhetoric of violence against the poor but the event was also billed to celebrate and promote the American military. Glenn Beck is a wild supporter of American militarism and most recently attacked a LA Weekly film critic because she gave a recent war movie a bad review. Glenn Beck is as good an antithesis to Martin Luther King as is available and because of the pomposity of his pulpit he represents an ideal lens through which to appreciate the various trends of abandoning King’s message and profaning his name to justify the very things he so fervently fought against. And yet, popular outrage at Beck’s appropriation of King’s legacy was equally culpable in neglecting King’s fervent posture against materialism and militarism, or so the majority of mainstream criticism seemed to be.

In response to this kind of theft of the King narrative, Union Theological Seminary philosopher and preacher, Dr. Cornel West explains,

The absence of a King-worthy narrative to reinvigorate poor and working people has enabled right-wing populists to seize the moment with credible claims about government corruption and ridiculous claims about tax cuts’ stimulating growth. This right-wing threat is a catastrophic response to King’s four catastrophes; its agenda would lead to hellish conditions for most Americans.

Despite the issues addressed by Dr. West, it is far from merely conservatives and right-wing populists who have distorted King’s inherent radical commitment, and subdued the awesome force of his righteous indignation. History has been contorted to shape a more consumer friendly image of Martin Luther King Jr. He is not hailed by popular commentary or honored by Obama on the federal holiday as the radical who would today be decrying the prison and military industrial complex, demanding the trial and incarceration of Wall Street executives, and sternly speaking against Obama’s continuation of Bush era disregard for human rights in the ‘war on terror’ and the ‘war on drugs,’ or the appallingly disproportionate numbers of convictions for people of color in the latter. Where would King stand on the Tea Party’s fetishism of state’s rights? One might recall the number of incidents necessitating federal troop intervention in Alabama, Arkansas, and elsewhere or the same rhetoric now employed by Ted Cruz, Marco Rubio, or Rand Paul that echoes similar positions by “Bull” Connor or George Wallace. How might King relate to Karl Rove, the Koch Brothers, or, as public intellectual Tavis Smiley has posed, comment on the more than a billion dollars raised between Mitt Romney and Barack Obama in the 2012 election versus the money spent on poverty reduction?

Martin Luther King gave his final speech on April 3rd, 1968 at the Mason Temple in Memphis Tennessee. What is often remembered of that last prophetic I’ve Been to the Mountaintop speech is King’s, “And I’ve seen the Promised Land. I may not get there with you. But I want you to know tonight, that we, as a people, will get to the Promised Land!” The speech is haunting in retrospect because it almost seemed as if King were prophesizing, much like Christ at the last supper, his impending assassination. But what drew King to Memphis that day is less repeated in popular retelling.

Dr. James Lawson, who like King had been baptized in the late 1950s by the nonviolent tradition of Ghandi and was a powerful figure in the movement, had encouraged Dr. King to join him in Memphis to show support at the Memphis sanitation worker strike that had begun two months earlier. The catalyzing incident for the strike was the gruesome death of two black sanitation workers, Echol Cole and Robert Walker, crushed to death because of city rules that stated black sanitation workers were only allowed to shelter from the elements in the back of their garbage trucks. The incident served to highlight years of gross labor violations and sparked the strike, along with boycotts, sit-ins and other acts of civil disobedience in support of the workers attempt to engage in collective bargaining for better working conditions. This episode in Memphis was about racial discrimination but it was also about abhorrent labor rights and the exploitation of the poor.

King often reiterated the call to struggle against all forms of atrocity, violence against people of color and violence against the poor, as they are inextricably linked, and so too is war, the enemy of the poor, as Cornel West and Tavis Smiley are wont to repeat. Or in his own words from the August 16th, 1967 Where do We go From Here, “when I say questioning the whole society, it means ultimately coming to see that the problem of racism, the problem of economic exploitation, and the problem of war are all tied together. These are the triple evils that are interrelated.”

The day after standing in solidarity with the Memphis strikers, King was gunned down by James Earl Ray, an outspoken racist and active campaign volunteer for George Wallace’s pro-segregationist presidential campaign. Despite the prima facie connection between Ray’s racism and the assassination, Vincent Harding is convinced that the most contributing factor to King’s murder was his vociferous condemnation of the war in Vietnam and his outspoken denouncement of American imperialism and militarism. We do at least know that the last poll taken on King’s popularity revealed that indeed fifty-five percent of black community and seventy-two percent of Americans at large had turned against King because of his opposition to the war.

By the late 1960s the US government, under the Johnson administration, had slowly become prepared to tolerate some of the notions of increasing racial equality and access to public space but the apex of intellectual and symbolic power, the capitalist war machine, was aghast that King would enter their world. The structure of power was warming to the idea of tolerating King the civil rights leader and desegregationist but it was unwilling to desegregate the symbolic power to be analyzed and critiqued. It is a segregation of thought and a demonization of those who would criticize America that still haunts whistleblowers and activists in Obama’s America today. It was King’s sophisticated and emboldening challenge to capitalist morality and militaristic or imperialistic motives that needed to be sterilized before he could become a politically viable symbol.

In a recent piece for Salon, historian David L. Chappell outlines the history of congressional objections to the creation of an MLK federal holiday. His article serves to refute the odd conservative claims to the legacy of civil rights going back to Lincoln, because of textual similarity in the name of their party. A few days after the assassination, Michigan Democratic congressman, John Conyers, first proposed honoring Martin Luther King Jr. with a federal holiday. Illinois was the first state to adopt MLK Day as a state holiday in 1973. Ten years later, North Carolina senator Jesse Helms loudly objected to honoring King with a federal holiday, specifically citing King’s stance on Vietnam and his war on poverty, calling him a Marxist and Communist. As reported at the time, Helms’ fanatical objections were crushed by a ‘scathing denunciation’ by senator Edward Kennedy and similar criticism from Republican presidential hopeful Bob Dole. But two recent Republican presidential candidates, Ron Paul and John McCain were among those who agreed with Helms in objecting a federal holiday for MLK. After nearly two decades of discussion and puerile character assassination, Congress eventually passed Conyers’ proposal to remember King with a federal holiday. Reagan signed the bill in 1983 and it took effect in 1986. Shockingly not until 2000 did all 50 states recognize it as a state holiday. South Carolina was the last.

In observation of the 28th MLK day it is a moral duty to ensure that the legacy observed is honest to the content of his character. We should repeat his rhetorical question of August 16th, 1967. In his own words, “When you ask that question, you begin to question the capitalist economy. And I’m simply saying that more and more, we’ve got to begin to ask questions about the whole society.”

King broadened the target of his resistance to encapsulate the totality of an oppressive power structure, moving beyond purely race-based grievances. The abhorrent racism prevalent in King’s America and its mutated contemporary manifestations are a byproduct of this power but King’s speeches reveal a more diverse synthesis for resistance. It was this unwavering challenge of the very foundations of that structure of power that needed to be sterilized, lest his posthumous words serve their intentions to mobilize. By stripping him of his radicalism, and simplifying his challenges against power to a selection of sound-bite grievances, the institutions of oppression maintained their monopoly on symbolic power and rebranded Martin Luther King into more comfortable and narrowly confined terms.

This is the alchemical disregard for truth that has attempted to warp the spirit of King’s radicalism for political expediency. It has become a convenient platform for some to spin King’s radicalism into a defanged demand for racial harmony and a colorless society, where claims of reverse racism are mingled with blanket denouncements of racial violence because we live in a post-racial America. It is a twisted appropriation of King’s words to blame the victim of abuse for continued victimization, and we see this in the surprisingly bipartisan attacks on the poor and people of color. For some, King’s Reverend status has become an argument for injecting fundamentalist evangelicalism into politics, as we noticed of Beck above.

These are the most flagrant bastardizations but what is more frustrating is the popular amnesia, the collective will to accept the sterilized form and neglect the righteous indignation that demands coordinated action in the face of all injustice. This is not to neglect active resistance such as the Occupy movement and myriad other campaigns. However, in certain contemporary radical movements we find the negative effects of the simplification of King’s sophisticated analysis of the diversity of oppression and the need for coordinated, strategic resistance. We can see this in the balkanization of resistance on the left, where interests vie for prominence rather than seeking consensus. A continuing frustration for those who have carried on with King, Lawson, and others’ efforts is the abandonment of strategic nonviolence, or treating King as nothing more than a symbolic tactic, for the same kind of commoditized radicalism that has made radical democratic theory or Anarchism a fashion accessory.

It is King’s righteous indignation at injustice everywhere and profound challenge to all forms of abusive power that should be reenacted in his name,  not the political pageantry of Obama’s community service. With that radical reenactment we must respond to the question “where do we go from here?” Dr. Cornel West hazarded a response in 2011, noting that rather than a holiday King would have wanted a revolution.

“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.