The Chinese authorities continue to strictly circumscribe human rights based activities in China and Tibet. Freedom of assembly and freedom of expression are severely limited by restrictive legislation and the broad interpretation of state security offences. In particular, social justice activists, lawyers defending these activists, academics, journalists and “cyber-dissidents” are targeted.

Those active in the human rights arena include democracy activists, writers, journalists, cyber-activists, academics, lawyers, peasant and land rights campaigners (including those denouncing forced expulsions and corruption), environmental rights activists, housing rights activists, HIV/AIDS activists and women’s rights activists (including those campaigning against forced sterilisations and abortions). A significant barrier to human rights defence activities in China is the wide interpretation given to national security and social order offences, with which many defenders have been charged. Defenders must also operate under very restrictive legislation:

• The Act of Assembly, Demonstration and Protest 1989 requires police pre-approval of all demonstrations: these approvals are rarely given and applicants for such approvals have allegedly been harassed. Leaders of peaceful demonstrations have been imprisoned under public order offences. Further, new rules on petitioning issued by the State Council effectively make peaceful assembly by petitioners almost impossible.
• As to freedom of association, the requirement of government pre-approval for the registration of non-governmental organisations has resulted in the closure of many NGOs. Communication between local human rights organisations and most international NGOs is effectively prohibited by the Chinese authorities. Independent trade unions are banned.
• Freedom of expression in all media forms is severely limited. While there has been an increasing use of the internet by defenders, the authorities have tightened their control over the internet and intensified censorship with an extensive network of regulations restricting website content and internet use.
• The Guiding Opinions of the All-China Lawyers Association on Lawyers Handling Mass Cases severely limit the independence of lawyers representing demonstrators or acting on collective law suits.

Defenders have reportedly been subjected to harassment, intimidation, dismissal, threats, arbitrary detention in prisons and psychiatric hospitals, ill-treatment in detention including no access to lawyers and family members, torture, house arrest, house searches and surveillance (including text message, telephone and computer surveillance). “Re-education through labour” is a form of punishment. Family members of defenders are also subjected to harassment. As to specific regions, freedom of expression and freedom of religion continue to be severely restricted in Tibet while peaceful activists from Xinjiang Uighur Autonomous Region (XUAR) have allegedly been targeted, ostensibly as part of the “war on terror”. The use as evidence of a confession obtained by torture is still admissible in court.

Contrary to the pledge it made in its 2001 bid to host the 2008 Olympic Games, the Chinese government made no attempt to protect and promote human rights. Throughout 2008 heavy restrictions continued to be placed on human rights defenders and their activities with many being arbitrarily detained and held for the duration of the international sporting event. Authorities stepped up monitoring and surveillance of activists and NGOs and imposed stricter bans on gatherings and demonstrations. The government also developed more sophisticated tools to control and restrict free speech on the internet and in telecommunications.

URGENT CASES

Gao Zhisheng - Currently missing in China

Post date: 2012/02/1

Human rights defender and self-taught lawyer Gao Zhisheng was named one of China's top ten lawyers by the Ministry of Justice in 2001. However, after beginning to investigate and draw attention to allegations of abuse against members of China’s religious minorities...

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China: Sentencing of human rights defender Mr Li Tie to ten years imprisonment on charges of subverting state power

Post date: 2012/01/19

On 18 January 2012, human rights defender and writer Mr Li Tie was sentenced to ten years in prison on subversion charges based on articles published on-line in which he was critical of the Chinese government and called on people to defend their rights.

In...

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