Showing posts with label Notes. Show all posts
Showing posts with label Notes. Show all posts

Saturday, October 15, 2011

旧文:我的“自由陈光诚”长跑

今天是国际盲人节。国内许多网友在呼吁“自由陈光诚”,不少人最近还冒险去临沂东师古村,想突破地方痞子对陈光诚及其家人的非法监视居住。这篇短文写于5年前,贴在这儿,算是支持网友“自由陈光诚”活动的一点表示吧。这些年来,海内外有一批固执的人坚持为陈光诚呼吁,“陈光诚”这个名字已经在外交界和国际媒体广为人知。然而今天不同的是,有这么多国内的网友包括名人微博写手敢于出来为陈光诚说话。令人欣慰。  20111015

我不是长跑运动员。中学时田径竞赛,班上体育委员为了凑数,把我拉去,跑过几次200米、400米。我也不是做文人的料,至从与灰色的理论接缘,整天培着书本和电脑,但是书桌前总坐不住,到下午时分老想起来动动。

我们家住处没什么锻炼的空间。眼下租借的公寓居巴黎城中,在一栋19世纪初建造的旧楼房里。这个区域的不少建筑逃脱了19世纪中、后期巴黎的城市改建大拆迁,这里狭窄的胡同旧楼曾一度为清贫的艺术家们提供一脚徙居之地,恐怕也是普契尼歌剧《波西米娅人》的素材。我们住在顶层上,起居室里的楼梯通到上面的阁楼。 外面异国情调的景色倒是不错:从临街的窗口能看到远处蒙玛特尔高地“圣心”教堂圆顶,下面街道近处是“疯狂的母羊妇”夜总会。 (据说法国大革命时老百姓痛恨路易16的一个原因是他和王后玛丽安东内经常在这个夜总会狂欢、搞化妆舞会,不顾百姓疾苦, 误了国事,不幸的国王一家,包括未成年的孩子,全被送上了断头台。看来还是和平的“颜色革命”文明一点)。

于是我就出门跑步去了。正好每天下午要去埃佛塔附近接放学的孩子,给跑步增加了实用价值。我这个实用主义者很难为了锻炼而锻炼。锻炼对我来说不是太累,而是太单调。于是本人长期缺乏锻炼,人到中年,开始有点害怕进入体态龙钟的年代了。

我经过的线路穿插着许多名胜,这些景点颇吸引眼球,丝毫不让人感到枯燥。第一天竞一气跑了五公里! 几次跑步下来,我注意到一个有趣现象:我自己成了吸引眼球的对象!路上行人多半是外国游客,或疲劳的下班族,看见有人在跑步锻炼,不少人投来好奇、鼓励或羡慕的眼光。忽然,我来了灵感:为何不利用如此难得地吸引来的眼光去传递一点有用的信息? 尤其是人们平时不会主动去收集的信息。这也叫送货上门、服务到家吧!

再次出门跑步时,我穿上了一位国内朋友夏天带来的一件T-shirt.,上面印着陈光诚图像以及“盲人,陈光诚,自由”和“山东临沂东师古村”字样。朋友们曾穿着同样设计的T-shirts 在北京召集记者招待会、去山东沂南法院声援被庭审的陈光诚。但是公安没收了大部分印制好了的T-shirts。记者招待会也被禁止掉了。好几位出面公开声援的人如今已经入狱或被监控起来。 如今恐怕穿出来这样一件衣衫也是“犯法”。可是我可以穿出去,警察不会过问。巴黎不愧时装之都,如何穿着打扮、奇装异服出门,都不会让人感到不自然。穿着自由、表达自由,不享受且不可惜了?

不知谁设计的,反正我挺喜欢这件T-shirt 要是上面有法文或英文字样,则更方便。但是设计者可能万万没想到这样一件体惜在“开放、文明”的大国也没有容身之地,还会流亡到海外来? 我喜欢体惜上陈光诚带着墨镜的照片,颇有摇滚乐歌星的风度!难怪呢,虽然文字都是中文,我这一路吸引了比往日更多的眼球。当我遇到成群的大陆游客时,我有意放慢脚步,让他们有机会看到“盲人,陈光诚,自由”。 我希望他们当中有人会叫住我,打听谁是陈光诚。我真想知道他(她)们看到“盲人,陈光诚,自由”的字样,心里是否有所触动或是否产生任何好奇?会有人敢给我来一张合照?

(巴黎,2006107)

Thursday, October 14, 2010

World Reactions to 2010 Nobel Peace Prize for Jailed Chinese Activist Liu Xiaobo

World leaders, governments, and international organizations around the world have reacted to the decision of the Norwegian Nobel Committee to award the prize to the jailed human rights campaigner. Below, following the official announcement is an incomplete list of these reactions, edited and amended on the basis of a BBC report.

The Nobel Peace Prize for 2010
The Norwegian Nobel Committee has decided to award the Nobel Peace Prize for 2010 to Liu Xiaobo for his long and non-violent struggle for fundamental human rights in China. The Norwegian Nobel Committee has long believed that there is a close connection between human rights and peace. Such rights are a prerequisite for the "fraternity between nations" of which Alfred Nobel wrote in his will.

Over the past decades, China has achieved economic advances to which history can hardly show any equal. The country now has the world's second largest economy; hundreds of millions of people have been lifted out of poverty. Scope for political participation has also broadened.
China's new status must entail increased responsibility. China is in breach of several international agreements to which it is a signatory, as well as of its own provisions concerning political rights. Article 35 of China's constitution lays down that "Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration". In practice, these freedoms have proved to be distinctly curtailed for China's citizens.

For over two decades, Liu Xiaobo has been a strong spokesman for the application of fundamental human rights also in China. He took part in the Tiananmen protests in 1989; he was a leading author behind Charter 08, the manifesto of such rights in China which was published on the 60th anniversary of the United Nations' Universal Declaration of Human Rights, the 10th of December 2008. The following year, Liu was sentenced to eleven years in prison and two years' deprivation of political rights for “inciting subversion of state power". Liu has consistently maintained that the sentence violates both China's own constitution and fundamental human rights.

The campaign to establish universal human rights also in China is being waged by many Chinese, both in China itself and abroad. Through the severe punishment meted out to him, Liu has become the foremost symbol of this wide-ranging struggle for human rights in China.
Oslo, October 8, 2010

Chinese Foreign Ministry
The Nobel Peace Prize should be awarded to people who "promote national harmony and international friendship, who promote disarmament and peace". Those are Mr Nobel's wishes.
Liu Xiaobo is a criminal who violated Chinese law.

It's a complete violation of the principles of the prize and an insult to the Peace Prize itself for the Nobel committee to award the prize to such a person.

In recent years, Chinese-Norwegian relations have maintained sound development, which is conducive to the two countries and two peoples' interests.

The Nobel Committee awarding Liu this prize, which runs contrary to the principle of the Peace Prize, will bring damage to two-way relations.

Norwegian Prime Minister Jens Stoltenberg
I would like to congratulate Liu Xiaobo, who has been awarded the 2010 Nobel Peace Prize for his work to promote democracy and human rights.

The Nobel Committee's decision directs a spotlight on the human rights situation in China, and underscores the links between development, democracy and universal human rights. Liu Xiaobo has been awarded the prize for defending freedom of expression and democracy in a way that deserves attention and respect.

China has made huge economic and social progress over the last decades. The standard of living has improved in step with these developments, and the Chinese people have gained greater individual freedom. However, there are still challenges that need to be addressed with regard to several universal human rights.

Norway enjoys close and extensive cooperation with China. Our ties are longstanding and cover all the areas that link our countries together. Discussions of human rights issues are part of these relations.

US President Barack Obama
Last year, I noted that so many others who have received the award had sacrificed so much more than I. That list now includes Mr Liu, who has sacrificed his freedom for his beliefs.

By granting the prize to Mr Liu, the Nobel Committee has chosen someone who has been an eloquent and courageous spokesman for the advance of universal values through peaceful and non-violent means, including his support for democracy, human rights, and the rule of law.

As I said last year in Oslo, even as we respect the unique culture and traditions of different countries, America will always be a voice for those aspirations that are universal to all human beings.

Over the last 30 years, China has made dramatic progress in economic reform and improving the lives of its people, lifting hundreds of millions out of poverty. But this award reminds us that political reform has not kept pace, and that the basic human rights of every man, woman and child must be respected.

We call on the Chinese government to release Mr Liu as soon as possible.

Václav Havel, former president of Czech Republic
“I congratulate Mr Liou Xiaobo on the award of this year’s Nobel Peace Prize and I rejoice over the fact that he is historically the first Chinese citizen to receive it. Liu Xiaobo is the prototype of committed citizen to whom such award is due – that, too, is the reason why, together with friends, I have proposed his nomination and supported it during the whole nomination period. I would like to repeat my appreciation of the Charter 08 initiative, as well as of all its signatories and their families. Appreciation is due also to the Norwegian Nobel Committee for resisting the warnings aired by Chinese authorities and refusing to put economic interests above human rights.” http://bit.ly/cR0ar6

UN Secretary General Ban Ki-moon's office
The award of the Nobel Peace Prize to Liu Xiaobo of China is a recognition of the growing international consensus for improving human rights practices and culture around the world.
The secretary-general has consistently emphasised the importance of human rights, along with development and peace and security, as the three main pillars of the work of the United Nations.
Over the past years, China has achieved remarkable economic advances, lifted millions out of poverty, broadened political participation and steadily joined the international mainstream in its adherence to recognised human rights instruments and practices.

The secretary-general expresses his sincere hope that any differences on this decision will not detract from advancement of the human rights agenda globally or the high prestige and inspirational power of the award.

Taiwanese President Ma Ying-jeou
This is not only a personal honour for Liu but it has major historic significance for China's human rights development and the global Chinese society.

China's economic developments have impressed the world and it would win the recognition of Taiwanese people and the international community if it can make progress and a breakthrough in human rights issues.

UN Commissioner for Human Rights, Navi Pillay
I welcome the award because it recognises not only the prominence of Liu Xiaobo, whose release I have often called for, but it recognises the very important role of human rights defenders not only in China but in many parts of the world, where for bringing up human rights issues, calling for reform, they are being punished in various ways.

UN Human Rights Experts
Four UN experts* today added their voices to those welcoming the decision of the Nobel Committee, on Friday, to award the 2010 Nobel Peace Prize to Liu Xiaobo, and urged for his immediate release.

Liu Xiaobo participated in the Tiananmen Square demonstrations in Beijing in 1989, worked as a professor at Beijing Normal University, and co-authored the Charter 08 document which called for multiparty democracy and greater respect for human rights in the country.

“Liu Xiaobo is a courageous human rights defender who has continuously and peacefully advocated for greater respect for human rights in the People’s Republic of China. We welcome the recognition of his work,” stated the experts.

“For many years, we have expressed to the Government of the People’s Republic of China concerns regarding violations of Liu Xiaobo’s fundamental human rights,” noted the experts. “This includes his detention in October 1997 and the sentence of re-education through labour for speaking out about the country’s one-party political system, found to be arbitrary in a decision** adopted by the UN Working Group on Arbitrary Detention.”

Most recently, Liu Xiaobo was convicted by the Beijing No.1 Municipal Court for “inciting subversion of State power” and, on 25 December 2009, was sentenced to 11 years in prison and two years’ deprivation of political rights. “Such a harsh sentence for his peaceful activities in drafting and organizing the signing of Charter 08 is a clear violation of international human rights standards on the right to freedom of expression,” the experts stated. They also noted that there were many irregularities with the trial which did not conform to international standards regarding the right to a fair and public hearing.

“On this occasion, we appeal to the Government of the People’s Republic of China to release all persons detained for peacefully exercising their right to freedom of expression and to respect the spirit of the International Covenant on Civil and Political Rights, to which the Government is a signatory,” said the experts. “We encourage the Government to take the final step and ratify this important international instrument.”

German government spokesman
The [German] government would like to see him released soon and receive his prize in person. The government has pressed for his release in the past and will continue to do so.

He is a brave man, a man who wants to advance democracy and human rights in his country, but one who knows and has always said that this would be a difficult and drawn-out process that should stay peaceful whatever happens.

French Foreign Minister Bernard Kouchner
This decision embodies the defence of human rights everywhere in the world. France, like the European Union, expressed its concern after his arrest and has called for him to be released on a number of occasions. It reiterates that appeal.

British Foreign Office
The decision to award the Nobel Peace Prize to Mr Liu Xiaobo shines a spotlight on the situation of human rights defenders worldwide.

British Ministers, including Foreign Secretary William Hague, have raised his case in China since his imprisonment in 2009. We continue to call for his release and to champion freedom of expression in all countries.

European Commission President Jose Manuel Barroso
The decision of the Nobel Peace Prize Committee is a strong message of support to all those around the world who, sometimes with great personal sacrifice, are struggling for freedom and human rights. These values are at the core of the European Union.

Chinese Human Rights Defenders
(Chinese Human Rights Defenders, October 8, 2010) – CHRD hails the Nobel Committee’s announcement and congratulates the imprisoned activist, writer and intellectual, Liu Xiaobo (刘晓波), on being awarded the 2010 Nobel Peace Prize. The Nobel Peace Prize honors Liu for his decades-long dedication to promoting democracy and human rights in China. Mr. Liu is serving an 11-year prison sentence for “inciting subversion of state power,” primarily for his support ofCharter 08, a citizens’ manifesto calling for democratic reform published in December 2008 to mark the 60th anniversary of the Universal Declaration of Human Rights.

“The Prize honors the more than 10,000 Chinese citizens who have bravely signed on in support of the ideas expressed in Charter 08 and all prisoners of conscience in China,” said Zhang Zuhua, a Beijing-based activist who originally drafted Charter 08. “These principles of nonviolence, equality, and respect for human rights could not be more aligned with the values of the Nobel Peace Prize.”

Of the 303 original signatories to Charter 08, many were interrogated by the police, and several had their homes raided and personal property confiscated. Others have been put under house arrest or police surveillance. The government has tried to censor the document within China by removing it from websites and online forums. The awarding of the Nobel Peace Prize to Liu will undoubtedly introduce Charter 08 to a new and wider audience.

“Awarding the Peace Prize to Liu Xiaobo also honors all Chinese human rights defenders—Chen Guangcheng, Hu Jia, Gao Zhisheng, and countless others—who have suffered a great deal for advocating human rights,” noted Renee Xia, CHRD’s International Director. “We can only hope that the Peace Prize will add momentum to the efforts for their freedom and encouragement for their long road ahead,” said Xia.

CHRD specifically wishes to thank those who have worked hard to nominate Liu as well as those who have advocated on his behalf, especially the former Czech President Václav Havel. CHRD commends the Nobel Peace Prize Committee for standing up to the Chinese government, which tried to influence its decision by threatening severe consequences for diplomatic relations with the Norwegian government.

CHRD asks US President Obama, winner of the 2009 Nobel Peace Prize, to ask Chinese President Hu Jintao to free Mr. Liu at the G20 summit in South Korea on November 11 and 12.

Human Rights Watch
(New York, October 8, 2010) – The awarding of the 2010 Nobel Peace Prize to the Chinese writer and human rights activist Liu Xiaobo underscores the urgent need for rights reforms in China, Human Rights Watch said today.

“This award will no doubt infuriate the Chinese government by putting its human rights record squarely back into the international debate,” said Sophie Richardson, Asia advocacy director at Human Rights Watch. “But this Nobel Prize honors not only Liu’s unflinching advocacy; it honors all those in China who struggle daily to make the government more accountable.”
“The Nobel Committee made an important decision this year to highlight a reality few want to acknowledge about China – that its government continues to persecute human rights advocates, lawyers, and journalists,” said Richardson. “Liu Xiaobo epitomizes the Nobel Peace Prize ideals by never deviating from his belief in peacefully expressing universal ideals and speaking truth to power.”

“The Chinese government should see Liu Xiaobo as the Nobel Committee clearly does: not as an enemy or an embarrassment, but rather as someone whose courageous advocacy embodies the best of China,” said Richardson.

Amnesty International
Liu Xiaobo is a worthy winner of the Nobel Peace Prize. We hope it will keep the spotlight on the struggle for fundamental freedoms and concrete protection of human rights that Liu Xiaobo and many other activists in China are dedicated to.

This award can only make a real difference if it prompts more international pressure on China to release Liu, along with the numerous other prisoners of conscience languishing in Chinese jails for exercising their right to freedom of expression.

The Dalai Lama
I would like to offer my heart-felt congratulations to Mr Liu Xiaobo for being awarded this year's Nobel Peace Prize.

Awarding the Peace Prize to him is the international community's recognition of the increasing voices among the Chinese people in pushing China towards political, legal and constitutional reforms.

Desmond M. Tutu and Václav Havel
On Friday, the writer Liu Xiaobo was awarded the Nobel Peace Prize
for his more than two decades of calling for democratic change in
China.

Immediately, the Chinese government responded by calling him a
criminal and accusing the Norwegian Nobel Committee of blasphemy.
Having already sentenced Liu to 11 years in prison, it moved quickly
on Friday to cordon off his wife, Liu Xia, from the rest of the
world, surrounding her with security agents in their Beijing
apartment. We have seen this before: in the dark days of apartheid,
under the long shadow of the Iron Curtain; whenever we took a small
step forward in securing the freedom of our people, we were stripped
of our own.

As we write today, Liu remains cloistered in a remote prison in
northeast China. Liu’s present incarceration—it is his fourth—came
after he co-authored Charter 08, which calls on the Chinese
government to institute democratic reforms and guarantee the
freedoms of assembly, religion, and expression. Though Charter 08
was modeled after Czechoslovakia’s Charter ‘77, the fundamental
values it invokes are no more Western than they are Chinese.

We nominated Liu for the Nobel Peace Prize this year because of the
universality of his call for fundamental freedoms for his people.

At its core, Charter 08 asks the Chinese government to honor those
rights already enshrined in the Chinese Constitution. The government
already willingly signed the International Covenant on Civil and
Political Rights and ratified the International Covenant on Economic
and Social Rights. Just last week, Premier Wen Jiabao, acknowledged
that, “Freedom of speech is indispensable . . . The people’s wishes
for, and needs for, democracy and freedom are irresistible.”

This need not be a moment of shame or insult for China. This should
be a moment of pride, celebrating that one of China’s own is
recognized as the world’s greatest contributor to that which all
nations seek: peace. It is an affirmation of humankind's oldest
living language that Liu’s words in Charter 08, Chinese words, could
inspire such admiration. It is a testament to the strength and
courage of the Chinese people that Liu’s actions have earned him
such widespread respect.

This is an opportunity for China to embrace its newfound standing in
the world and turn the page on a century of victimization. We know
there are many wrongs that have been perpetrated against China and
its people throughout history. But awarding the Nobel Peace Prize to
Liu is not one of them. Nor is the peaceful call for reform from the
more than 10,000 Chinese citizens who dared to sign Charter 08.

More than at any other time in history, the world looks to China as
a leader. This is an opportunity to show that China, as it has been
for thousands of years, is a forward-looking nation. If it keeps Liu
behind bars, the Chinese government is no more progressive than the
ever paranoid and closeted Burmese junta, the only other regime with
the gall to lock away another recipient of the Nobel Peace Prize,
Aung San Suu Kyi. Release Liu, and China continues its impressive
emergence on the world stage. It has helped keep the global economy
afloat; now it can show the world that it also has the confidence to
face criticism and embrace change.

China has done it before. Thirty years ago, while we—like Liu
today—were still being punished simply for speaking our minds, the
Chinese government opened up its economy and unleashed the
industriousness and ingenuity of the Chinese people on the world’s
markets. The world, in turn, has watched with awe as China has
pulled itself out of poverty and into a thriving, dynamic future.
This is an opportunity for China to open up once again, to give its
people the ability to compete in the marketplace of ideas where,
surely, they will prove just as extraordinary.

We know this because we have seen this before. We have seen it in
the churches of Soweto and the theaters of Prague, and in the hushed
corners of freedom all over the world, and we know how it ends. We
are able to write today, free of fear and full of hope, because in
the end, we won our freedom back, and so did our people. We know
that in time, Liu, and the Chinese people, will win their freedom.

After Liu's sentencing last year, he had a simple statement
released: "I have long been aware that when an independent
intellectual stands up to an autocratic state, step one toward
freedom is often a step into prison," it said. "Now I am taking that
step; and true freedom is that much nearer."

This is an opportunity for the Chinese government. It can continue
to fight a losing battle, against the forces of democracy and
freedom that its own Premier has called “irresistible.”

Or it can stand on the side of justice, and free Liu Xiaobo.

Guardians of Charter 77 Legacy & Czech Helsinki Committee
Dear friends from Charter 08, dear Mrs. Liu Xia,

As the guardians of the legacy of Charter 77 we, in the name of the activists and signatories of Charter 77 and the Czech Helsinki Committee that also originated in the pre-1990 era, send our congratulations on the occasion of the Nobel Peace Prize being awarded to Liu Xiaobo.

We are immensely happy with the awarding of the prize. Please relay to Liu Xiaobo our hope that the Nobel Prize will aid in gaining his quick release from jail, and also in bringing about further concessions from the political state authorities, as well as acknowledgement of human dignity and protection of human rights. As a part of a world-wide effort we will urge for the People’s Republic of China to ratify the International Covenant on Civil and Political Rights, 12 years after the Chinese government signed it. By doing this, China will commit to upholding the rights enumerated in the covenant. This covenant, along with the International Covenant on Economic, Social and Cultural Rights, is a strong link between Charter 77 and Charter 08, between Czechoslovak and the Chinese people. Both of the covenants were an inspiration for both of our charters.

Just as you, we are convinced that Chinese citizens should be guaranteed their basic rights and democratic freedoms, and that Charter 08 advocates the protection of these civil rights.
We wish to help you in this cause with all that is within our power.

We send you brotherly greetings

Prague, 11 Oct 2010

Guardians of the legacy of Charter 77: Rudolf Battěk, Jiří Gruntorád and Dana Němcová;
Chair of the Czech Helsinki Committee, Anna Šabatová

Sunday, September 19, 2010

An Important Follow-up to China's Obligations to Implement Convention against Torture

Chinese human rights activists tend to focus on urging the Chinese government to sign or ratify international human rights treaties, but the more demanding work lies in follow-up with the government's implementation of its treaty obligations. International human rights groups have done some good work in this front. But the participation in UN human rights activities by Chinese or China-based NGOs is a key to the UN system's success. It is in light of these observations, the work of Chinese Human Rights Defenders (CHRD), a China-based and international NGO, in trying to bridge some gaps deserves noticing.

CHRD has involved Chinese activists in some follow-up work with regard to the UN Convention against Torture, which China ratified some 22 years ago! CHRD just puts out a press release saying that “With China’s fifth periodic report to the Committee against Torture (CAT) upcoming, many key problems raised by CAT in 2008 as it considered China’s fourth periodic report have yet to be adequately addressed.” The organization produced a report, by working together with local activists, and sent it to CAT recently. The report “outlines a number of issues and cases for the Committee to include in the List of Issues that the Chinese government will be requested to address in its next report.” (http://chrdnet.org/wp-content/uploads/2010/09/Issues-and-Cases-CHRD-Recommends-CAT-Include-in-its-LOI-for-China.pdf)

“The Chinese government plays up its participation with the UN human rights regime for public relations purposes, yet it continues to ignore or actively challenge recommendations made by the Committee against Torture,” said Renee Xia, CHRD’s International Director. “Meanwhile, torture remains a serious problem across China, and some of the issues raised by CAT in 2008, such as unnatural deaths in detention and the harassment of human rights defenders, have worsened.”
CAT is doing something new, before a government submits a periodic report, the Committee is to present that government a “list of issues” (LOI), which will require information formt eh government on specific, follow-up issues that have previously concerned CAT. Before, the CAT only sent governments LOI after they have submitted their reports. (For information on the Committee against Torture’s working methods:http://www2.ohchr.org/english/bodies/cat/workingmethods.htm)

Thus, while the Chinese government is due to submit its fifth periodic report to CAT in November 2012, the Committee will present China with a LOI. To prepare CAT with an informative LOI, NGOs and civil society groups should provide information while CAT is preparing the LOI for China.
CHRD’s submission to CAT for this purpose “highlights a number of problems previously identified by CAT, providing updated information on recent developments and calling for continued pressure for positive change in these areas.”
Here are some substantive issues that CHRD has highlighted for CAT to ask the Chinese government to address:

1. The use of torture to extract confessions. The Chinese government promulgated in summer 2010 regulations banning evidence obtained through torture in criminal trials. That was more an indication of the prevalence of this problem than a sign of progress! CHRD points out that “these regulations contain problematic language and stresses that their true value will be determined only by their implementation.” One case CHRD brought to the attention of CAT is that of Fan Qihang, whose death sentence based on a confession extracted through torture is currently being reviewed by the Supreme People’s Court. If China’s highest court fails to ask the lower court to throw out evidence extracted by torture, Fan is likely to be executed within days of the highest court’s ruling. (http://chrdnet.org/2010/08/03/chinas-highest-court-must-overturn-death-sentence-based-on-confession-extracted-by-torture/)
2. The ongoing pattern of harassment and abuse of human rights lawyers, human rights defenders, and petitioners. Most people probably don’t consider this issue a matter of CAT’s concern. But it is. CAT raised this concern prominently in its November 2008 Concluding Observations and Recommendations after it reviewed China’s state report. (China’s fourth periodic state report to CAT, submitted February 14, 2006, and related documents, including CAT’s Concluding Observations, adopted November 21, 2008: http://www2.ohchr.org/english/bodies/cat/cats41.htm) CHRD finds that the government “failed to take any concrete steps in the past two years to better protect the rights or personal safety” of human rights defenders.
3. Other problems such as “unnatural deaths in detention centers, arbitrary detention in Re-education through Labor camps, and illegal detention in black jails and psychiatric institutions, as well as abuses in these facilities”. CHRD points out that the government has been either unable or unwilling to effectively address these problems that CAT raised concerns about in its 2008 review.

Thursday, April 29, 2010

Shanghai Expo of Human Rights Abuses 上海世博人权侵害展览

Xiaorong Li

The Chinese Human Rights Defenders pointed out, in a press release on April 28, 2010, that "As the 2010 Shanghai World Expo opens on May 1, conspicuously absent from the festivities will be the residents of Shanghai who have lost their homes, businesses, and freedom to exercise their rights in the government’s drive to bring its ambitious plans for the Expo to fruition. Ahead of the arrival of an estimated 70 million visitors over the next six months, officials in Shanghai have detained, placed under surveillance, or threatened activists, dissidents, and petitioners across the city and in surrounding areas. Police in other cities have warned activists not to travel to Shanghai."

I wish that those few world leaders who plan to attend the opening ceremony of the Expo, including the EU President and French President, would be reading the CHRD press release! They may brush off the claims of human rights abuses associated with preparations for the Expo, insisting that the Shanghai World Expo is only a "trade show" and they ought to be there to promote trade and commerce. But the Chinese government has politicized the trade show. The CHRD press release cites one local activist as saying:

“The government is working to create an atmosphere of fear in the activist community in Shanghai and elsewhere,” said one activist who has been closely monitoring developments ahead of the Expo. “Many activists, dissidents, and petitioners are under some form of restriction of movement or surveillance. Some are refraining from speaking out for themselves or getting in touch with others for fear of serious retribution.”

According to CHRD, police have sought out high-profile local activists and made it clear that any efforts to expose abuses by the government will be met with swift and serious retaliation. For example, Feng Zhenghu (冯正虎), a veteran Shanghai activist who for years has sought to draw attention to the failures of the Shanghai judicial system, had planned to set up a “Shanghai Expo of Unjust Court Cases” during the Expo. Around midnight on April 19, Shanghai police raided his home, confiscated his computer equipment and took him away for a four-hour interrogation. Police threatened that if he spoke out during the Expo they would “make him disappear like Gao Zhisheng (高智晟).”

Other activists have been placed in detention to ensure that they will be out of sight for the duration of the Expo. CHRD has documented six cases of Shanghai petitioners-turned-activists who have been sent to Re-education through Labor (RTL) since January for reasons related to the World Expo, and a total of 10 dating back to the latter half of 2009.[1] For example, Tong Guojing (童国菁) was sent to 18 months of RTL on February 13. Tong, like most of those sent to RTL, started petitioning after his home was forcibly demolished, and became an activist as he learned about the plight of fellow petitioners.

A number of activists in the provinces surrounding Shanghai, such as Wen Kejian (温克坚) and Zou Wei (邹巍) in Zhejiang Province, and Zhang Lin (张林) in Anhui Province, have been warned by local police against traveling to Shanghai during the Expo. CHRD has received reports that activists in cities as far away as Guangzhou, Xi’an, and Beijing have been asked to “tea” or questioned by police in recent days, and warned not to travel to Shanghai or speak out during the World Expo.

Forced evictions carried out in preparation for the Expo have been a source of widespread anger among Shanghai citizens for years. According to official statistics, 18,000 households were relocated to clear the grounds for the Expo, but activists argue that, taking into account other development related to the Expo, many more residents were affected.[2] Shanghai officials estimated in 2009 that complaints over forced eviction and demolition accounted for “70 or 80 percent” of petitions originating from the city (for interviews with Shanghai residents affected by Expo-related forced evictions, please see CHRD’s report, Thrown Out: Human Rights Abuses in China’s Breakneck Real Estate Development).[3]

To prevent victims of forced evictions from drawing attention to their grievances during the Expo, police are detaining, harassing, and threatening petitioners. Many are being held under “soft detention” at home. For example, Huang Yuqin (黄玉芹), a resident of Minhang District, Shanghai, whose home was demolished on March 2, has been under “soft detention” since April 19. Security guards have followed her whenever she leaves her home, and have prevented her from leaving on at least one occasion. Huang also received a notice warning her not to gather with others or petition on or near the Expo grounds for duration of the Expo. Other Shanghai petitioners have received an identical notice in recent weeks, threatening “strict punishment” for any who disregard the instructions.[4]

Finally, some veteran Shanghai petitioners have been detained as a warning to others ahead of the event. For example, Shen Peilan (沈佩兰), who has been petitioning since the forced demolition of her home in 2003, was administratively detained for 15 days in the Minhang District Detention Center in late March and early April. Shen, who was beaten during her detention, has since been released, and has gone into hiding in Shanghai.

The international media and human rights organizations have, as of yesterday, turned their spotlight on the Shanghai Expo, exposing such abuses as forced eviction and demolition, interviewing disgruntled local residents, and revealing government ordinances restricting freedom of expression and the press. Un-intended perhaps by the Chinese government, the Shanghai Expo will also be an Expo to the world of Shanghai's human rights problems.

Tuesday, November 15, 2005

柏林行 Trip to Berlin

第一次到柏林。时值隆冬,天色灰灰,空气冰凉。这座在二战废墟上重建的城市,点缀着许多现代派、后现代派风格的建筑,加之忙碌的节日前购物人群,倒也颇有生气。

应哈佛大学欧洲研究柏林中心邀请,我前往在该中心举办的“中国:人权与经济机遇”对话讲演会上发言。

抵达之前有一段插曲。会前三周,会议组织人来信说,曾答应与会的第三位发言人突然提出因故不能出席,剩下我们两位。另一位是《华尔街日报》前任驻北京记者尹.约翰先生。约翰今年刚出一本新书《野草》。书中记述三位普通中国百姓寻求社会公正的经历。约翰先生曾因为他在中国期间的新闻报道荣获美国的普里茨大奖。因故退出的第三位发言人是麻省理工大学的一位华人经济学教授。主持单位曾希望我们之间能有一场关于中国的经济、公民社会、和人权的对话。对话缺了一方,哈佛中心十分着急。几天后,他们另外邀请了一位欧籍经济学者、现任欧洲某商业公司驻上海代表。看来一场有趣的对话可以照原计划进行了。

没想到,会前三天,主持人来信说该商人也突然退出。不过他倒是坦诚,他说他的公司不允许他在这种讨论中国的人权状况的公开讲演会上露面,认为他答应出席太冒险,将损害该公司在中国的生意!到达柏林当天,笔者又听说,曾经提前注册的听众中的一些商界和金融界人士也来信表示歉意,说他们出于压力不得不缺席。

是这些金融和商界人士过于惧怕、因此实行自我审查(self-censorship)呢 ,还是有关机构在下面对他们施加压力、用取消合同和投资机会或者研究访问机会威胁他们退出?笔者不得而知。

这场讲演会定在柏林的“外国事务协商委员会”(相当于纽约的Council for Foreign Affairs)举行。好几位以短期进修大陆学生身份注册的同胞届时到达会场。陆续在会议厅后面落座后,当中不只一位举起相机纷纷对着我们几位坐在讲台上的发言人和主持人拍照。

出乎主持人意外的是,抵达的听众把一间能容纳120人的会议厅几乎装满了。后来得知,有些不能代表商界到场的人士以个人身份前来出席。

主持会议的塔夫茨大学(在美国波士顿)教授斯密斯简单回顾了20世纪各国在人权与经济贸易关系问题上失败与成功的经验教训。他谈到当年有些美国公司在希特勒上台后,继续与他治下的纳粹帝国通商好几年。二战后,美国人民接受了教训,支持政府对苏联实行经贸制裁以及随后在80年代对南非种族歧视当局实行的制裁。但是,89年后,美国很快解除了对中国实行的人权与贸易挂钩的政策。至于中国的人权与经济发展和国际贸易之间是否应该完全脱节,这是当前颇有争议的问题,他希望这次讲演会能激发听众的思考。

接下来,约翰先生发言。他注重介绍他在中国期间与普通百姓的接触,他的经历使他感到民间社会不屈的力量和困境,但是他相信这股力量将会推动中国社会自下而上的变革。

我的发言首先肯定了近年来中国政府在立法、乡村选举试验、以及把“保护人权”写入宪法等方面的正面尝试,但是,由于基本体制痼疾,在保护基本人权方面仍然存在严重问题,如大量使用死刑、酷刑(刑讯逼供)和非法羁押;民间自发争取经济和社会文化人权的团体和人士继续遭到迫害和压制,恰恰因为他们的参政、言论、结社、集会、信仰自由等公民政治权利受到严重侵犯;中国式的集权控制下的经济发展和官僚腐败造成社会分配不公、贫富悬殊急剧扩大;国外企业到中国投资经商对中国的政治改革进程和人权改进显然有直接影响,雅虎香港公司协助公安治罪网上作家师涛提供证据、雅虎和微软等公司签署进入中国市场自检条约、在其搜寻器上查封“民主”“人权”等字眼等例,就可以说明这个问题。

接下来听众提问,讨论了近一小时。主持会议的斯密斯教授最后邀请在场的几位“年轻中国学生”发言。他们之间悄声商议后,推出一位发言人。这位年轻女士用相当流利的英文说,邓小平的英明改革是中国历史上的伟绩,酷刑等只是文革中的现象,中国人口众多,是存在一些问题,但是要慢慢解决,不能因此造成社会动乱,繁荣的经济给外商带来极好的投资机会,不要错过,等等。台上台下各位的目光都集中到我身上,看来我不得不出来“应战”。

近年来在各种场合公开演讲,我已经习惯了这类“慷慨呈辞”,“应战”起来也有了经验。年轻人是中国的未来,出来留学的人更有挑起重任的机会。他们在海外公开场合如此发言,没准也是身不由己,但完全有可能是他们在言论、媒体控制下只能接触官方许可信息而形成了这些代表他们本人真实思想的看法。民族情绪或许也夹杂其中。

散会后的自由交谈中,这几位学生中的一位提醒我,德国、美国社会也有阴暗面。也许是这样,我回答说,但是我们不能因此就彼此心照不宣、闭口不谈阴暗面?可惜我当时没时间与这位继续交谈:既然中国签署了反对酷刑的国际公约、口头承认有关人权的普世性,官方媒体近来也大量报道美国士兵施行酷刑的消息,那么,为什么就不能公开批评中国现存的酷刑现象?

离开柏林前,我来到残存的“柏林墙”。当年隔绝东、西德两个世界,长达150多公里的森严壁垒,现在只剩下200米长的一段,作为历史遗迹保留下来。从61年东德修建“柏林墙”到它89年的倒塌,曾有150 多人因试图从东德越墙到西德而被东德看守击毙。

这里正好在举行一个露天图片展览:“恐怖的解析”。柏林市政府已经动工在这里修建一个纳粹反人类罪行博物馆,但因经费不足尚未完工。这块废墟曾是40年代纳粹盖世太保的总部。90年人们在这里的一块荒地下面发掘出盖世太保的监狱和刑讯室,旁边的一个荒土堆是他们执行示众绞刑和秘密枪决的地方。这个展览是柏林市举办的,有大量图片和文件翻拍,纪录了当时在这里被监禁、被施酷刑、和枪决的许多德国和国际地下抵抗人士,有他们身前的照片,被枪决的报刊新闻照,刑警的纪录,当中有作家,医生,记者,家庭妇女,有些仅仅因为发表了不满纳粹的文章,或参与了地下抵抗组织的活动,就被关押在这里,不少人在英美俄联军开始攻城时被草率枪决。展览的另一部分记载纳粹如何把柏林的犹太族居民,老人、小孩在内,解押到集中营,再一部分是战后纽伦堡审判战犯的图片和法庭纪录。

据展览引言介绍,当年纽伦堡审判期间对纳粹罪行的大量揭露在德国本土并没有得到充分的报道。世界各地媒体记者芸集纽伦堡,然而只有七个德国记者现场报道。战后德国百姓忙于艰难的日常生活,但是,人们也不愿正视自己身边的丑恶、更不愿承担自己的一份责任。希特勒的纳粹统治系统屠杀六百万犹太人的残暴反人类罪行和战争罪延续了十多年,没有社会各界(商界,媒体,知识分子、市民等)的普遍支持,可能吗?战后德国媒体和公众舆论的相对沉默,使德国社会错过一个极好的反思、教育机会。

在某种程度上,历史恐怕会在我们眼前重演。今天,一股无形的强大的压力正在迫使人们沉默,迫使他们对中国这块土地上发生的刑讯逼供、任意监禁、以言论信仰治罪等人权虐待避而不谈。不光是在德国,在法国,甚至美国,如果遇不到公证舆论的阻滞,这股压力将蔓延、侵蚀“自由世界 ”。

一位德国朋友告诉我,经历过二战的她的父母一辈至今仍然认为,“除了希特勒等头领,德国人民对二战罪行没有任何责任”;然而她的同辈人,60年代成长起来的叛离青年一代,则负有过于沉重的罪感和羞辱,以至失去了批评其他国度违反人权的勇气。这一代也是目前德国政界、商界和知识界的骨干。我可以理解这种心态,但是,他们这样做恰恰无助于杜绝让他们内疚的历史以别的形式、在不同程度上重演,也不利于巩固在斜恶和残暴的废墟上建立起来的德国民主自由。

灰蒙蒙的天空飘起小雨,我的脚趾头开始冻得发疼,我感觉步伐沉重。一群大陆游览者过来了,来参观“柏林墙”,他们没有浏览展出的图片,纷纷拍照留影,匆匆离去,可能是要赶到下一个游览胜地。他们渐去的谈笑声,是我联想起另外一些同胞:他们在做什么?忙于为狱中网络作家辩护?为维护土地权、寻求水源污染救助的同胞上访?为因“刑讯逼供”被判重刑的受害者准备上诉?为受到家庭暴力的妇女提供法律咨询?无形中我感到暖和了许多,加快了步伐。


晓蓉

2005年11月28日 于巴黎