Zhang Dejiang
Chairman, National People’s Congress
Zhongnanhai
Xi Chang’an Jie
Beijing 10001
China
Dear Chairman Zhang,
We write on the occasion of the annual plenary session of China’s National People’s Congress (NPC), to be held in Beijing March 2-7, 2015. Human Rights Watch is a nongovernmental organization that monitors and reports on human rights in over 90 countries around the world. We have documented and advocated solutions to human rights abuses in China for more than two decades.
We note that you have stressed ahead of this year’s plenary session that “the National People's Congress (NPC) and its Standing Committee should prioritize the tasks of advancing rule of law and upholding the authority of the Constitution.”
The NPC should play a significant role in addressing acute human problems in the country by ensuring that existing or newly proposed legislation does not contravene China’s international human rights obligations.
The Chinese Constitution includes some important human rights provisions, including the guarantees that “the State respects and protects human rights” (art. 33), that citizens “enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration” (art. 35), and that the courts “exercise judicial power independently,” without being “subject to interference by any administrative organ, public organization or individual” (art. 126).
Yet, in practice, both judicial independence and basic human rights entitlements are severely curtailed, while remedies for human rights violations are not readily available and human rights defenders are systematically suppressed.
We urge you and all NPC delegates to take effective steps to “supervise the enforcement of the Constitution” (art. 62) with a view to ending these abuses, and to register concerns with the government, particularly on the occasion of the vote on the government’s work report. In particular, the NPC should examine recent Internet censorship measures, curbs on academic freedom, and press censorship directives contravene the constitutionally guaranteed right to freedom of speech.
In addition, we urge the NPC to address these key issues:
1. Extra-judicial Aspects of the Anti-Corruption Campaign
Human Rights Watch is concerned about the apparently widespread use of extra-judicial measures of investigation and punishment in the government’s and Communist Party’s anti-corruption campaign. We are particularly concerned at the frequent use of shuanggui, the Party disciplinary commission’s extralegal detention system. Shuanggui entails a deprivation of liberty not sanctioned by the law, and there have been a number of high-profile cases in which officials have died in shuanggui, with families often alleging torture. Although the Supreme People’s Procuratorate announced in November 2013 that the use of shuanggui should be reduced and that criminal cases involving officials should be transferred to the procuratorates for investigation “as soon as possible,” there is no publicly available evidence that such changes have taken place.
We are also concerned about the politically-motivated dimensions of a campaign that professes to be systematic but has so far eschewed investigations into the accumulation of wealth by relatives of powerful politically-connected families, including the documented cases of relatives of former Premier Wen Jiabao and President Xi Jinping. NPC members should urge the release of activists advocating more systemic anti-corruption measures, such as official asset disclosures and clear rules on conflict of interests.
2. Counterterrorism Legislation
The NPC should reject the government’s proposed law on counterterrorism until it is made consistent with international law and the protection of human rights. As currently drafted, the law would legitimate ongoing human rights violations and facilitate future abuses, especially in an environment lacking basic legal protections for criminal suspects and against the historical backdrop of gross human rights abuses committed in the name of counterterrorism. Such violations are evident across the country and particularly in the Xinjiang Uyghur Autonomous Region, the region that has been most affected by acts of terrorism and political violence in recent years.
The draft counterterrorism law states that “counterterrorism work shall be conducted in accordance with the law” and that “human rights shall be respected and guaranteed” (art. 6). But the 106-article draft makes clear the government’s intent to establish a counterterrorism structure with enormous discretionary powers that appear to allow for no challenge or redress. The draft law defines terrorism and terrorist activities so broadly as to easily include peaceful dissent or criticism of the government or the Communist Party’s ethnic and religious policies, and sets up a total digital surveillance architecture subject to no legal or legislative control.
3. Continuing Delays Regarding the Ratification of UN International Covenant on Civil and Political Rights (ICCPR)
Sixteen years after signing the International Covenant on Civil and Political Rights, the Chinese government has yet to ratify it. Member countries to the ICCPR commit to respecting fundamental rights and freedoms, which include protections against mistreatment in detention and unfair trials, and the rights to free association and expression and to political freedoms. Those who have signed but not yet ratified are expected to refrain from actions or policies that undermine the objectives and purpose of the ICCPR.
The government’s position has long been that it was working on “preparing the conditions for ratification,” but without ever committing to a timetable. In May 2004, former Premier Wen Jiabao said that China was readying itself to ratify the ICCPR “as soon as possible.” Yet there has been little noticeable progress since that time. Human Rights Watch was encouraged that China’s first National Human Rights Action Plan (2009-2010) identified preparation for ICCPR ratification as an objective, but is concerned that this aspiration is noticeably absent from the subsequent National Human Rights Action Plan (2012-2015). China also noted in its 2013 Universal Periodic Review its “preparations for the ratification of ICCPR” and its intention “to carry out legislative and judicial reforms,” yet little action has followed.
Human Rights Watch urges the ratification without reservations of the ICCPR by the NPC at this session as a matter of priority. Doing so would serve as a clear sign of commitment to improving human rights protection in the country.
4. Hong Kong Elections
The NPC should alter or annul the August 31, 2014 Decision by the Standing Committee of the NPC on Hong Kong Constitutional reform as it is empowered to do under article 62-11 of the Constitution. The Standing Committee decision has imposed a highly-restrictive screening mechanism for the candidates for the position of Chief Executive of the territory in 2017, making it impossible to implement genuine universal suffrage as stipulated by Hong Kong’s Basic Law.
The decision prompted concern from the UN Committee on Civil and Political Rights, which stressed in October 2014 that universal suffrage entailed “both the right to vote and to stand for election.” The proposal also triggered large-scale and sustained protests in the territory. A new or altered Decision from the Standing Committee should ensure that the election framework is consistent with the Basic Law and Hong Kong’s obligations under the International Covenant on Civil and Political Rights.
We urge that you not close the session without legislative and policy reforms accompanied by concrete action on these issues. We look forward to discussing these and other human rights matters with you in the coming years.
Sincerely,
Sophie Richardson
China director, Human Rights Watch
