China
Active Cases
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”.