Locked Doors

The Human Rights of People Living with HIV/AIDS in China

[1] Human Rights Watch interview with Zhang, Beijing, 2002.

[2]Yuan Ye and Li Nu'er, "AIDS prevention better than no cure: China's 'Last' Chance?", PANOS London, January 20, 1997, www.aegis.com/news/panos/1997/PS970101.html, July 29, 2003. 

[3] Chinese officials acknowledge 1 million people living with HIV/AIDS in China, while the Joint U.N. Programme on HIV/AIDS (U.N.AIDS) estimates between 800,000 and 1.5 million people.  However, in China's 2003 application to the Global Fund to Fight AIDS, Tuberculosis and Malaria, the state reports HIV prevalence rates among rural blood donors ranging from 4-40% across seven provinces with a combined total population of 420 million; and in all seven provinces, blood donation was a common source of supplemental income for farmers and their families (Country Coordinating Mechanism, 2003 Proposal to the Global Fund, Section III, p. 13).  Without further information about this survey, these percentages cannot be evaluated, but they suggest potentially higher national infection rates than have previously been admitted.

[4] English-language writing about HIV/AIDS commonly uses the phrase "people living with HIV/AIDS," for which there is no precise or neutral Chinese translation.  Frequently used terms in Chinese are aizibing bingren ("AIDS patient" -- literally, "person sick with AIDS illness"), ganranzhe ("infected one"), aizibing huanzhe ("AIDS sufferer") and bingyou ("illness friend" or, more loosely, "AIDS comrade").

[5] China's 2003 application to the Global Fund to Fight AIDS, Tuberculosis and Malaria draws on earlier statements by the Chinese Ministry of Health to estimate that ten million Chinese citizens will have HIV/AIDS by 2010 (Country Coordinating Mechanism, 2003 Proposal to the Global Fund to Fight AIDS, Tuberculosis and Malaria, June 20, 2003, Section III, p. 13); the U.S. National Intelligence Council estimates 15 million people living with HIV/AIDS in China by 2010 (National Intelligence Council, The Next Wave of HIV/AIDS: Nigeria, Ethiopia, Russia, India and China,September 2002, p. 4).  Given the absence of accurate information about HIV infection rates in China, all such estimates are provisional at best.

[6] UNAIDS, HIV/AIDS: China's Titanic Peril, June 2002; p. 26.

[7] China's 2003 application to the Global Fund cites "7 central provinces" and "56 counties" where the blood collection scandal "significantly affected" local populations (Country Coordinating Mechanism, 2003 Proposal to the Global Fund to Fight AIDS, Tuberculosis and Malaria, June 20, 2003, p. 14).

[8] See footnote 3.

[9] In a promising reversal of previous policy, senior health officials announced plans to produce new rules outlining the legal responsibility of local officials to treat people with HIV/AIDS and to prevent cover-up of the epidemic.  However, it is not clear if these rules, once passed, would have the status of health department policy or of national law.  Mure Dickie, "Stringent new rules on AIDS proposed by China," Financial Times, August 15, 2003.

[10] Bates Gill, Jennifer Chang and Sarah Palmer, "China's HIV Crisis," Foreign Affairs, March/April 2002; Wan Yanhai, "Mai xue chuanbo aizibing he guojia jimi [The transmission of AIDS through blood sales and national secrets]," Aizhi Action Project press release, December 28, 2002; Reporters Sans Frontieres, China: Foreign and Chinese journalists banned from investigating the AIDS epidemic in Henan province, report, Paris, November 13, 2001.

[11] In this report, the word "children" refers to anyone under the age of eighteen.  The U.N. Convention on the Rights of the Child, ratified by China on April 1, 1992, defines a child as "every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier" (Article 1).  U.N. Convention on the Rights of the Child, G.A. res. 44/25, annex 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/4/49 (1989).

[12] CCM, 2003 Proposal to the Global Fund, June 2003,"Section III", p. 12.

[13] Li Dan, "The situation of Chinese AIDS orphans," http://www.chinaaidsorphans.org/en_version/intro/intro.htm, retrieved June 21, 2003; and Chung To, presentation at Columbia University East Asian Institute, November 13, 2002.  AIDS activist Wan Yanhai estimates up to two million people living with HIV/AIDS in Henan, most of them parents (Ciny Sui, Agence France Presse, "Chinese NGO that probed village AIDS deaths evicted," July 3, 2002, http://www.globalpolicy.org/ngos/role/globalact/state/2002/0703china.htm, retrieved July 31, 2003).  Again, the actual infection rates are unclear.

[14] State Council, Methods for Forced Detoxification [Qiangzhi jiedu banfa], January 12, 1995, article 6.

[15] Both national and local regulations require mandatory testing for various groups, including foreigners, sex workers, drug users, prisoners, and those "suspected of" having HIV/AIDS.  These include:  Aizibing jiance guanlide ruogan guiding [Certain Number of Regulations on AIDS supervision and management], State Council, January 14, 1988, articles 5 and 8; Dalianshi aizibing jiance guanli guiding [Regulations for Dalian city AIDS supervision and management], article 7; Beijingshi shishi aizibing jiancede guanli guiding [Regulations for Beijing city AIDS supervision and management], article 8; Shanghaishi aizibing fangzhi banfa [Shanghai city methods of AIDS prevention], article 15; and Sichuansheng yufang kongzhi xingbing aizibing tiaoli[Regulations for Sichuan province prevention and control of STDs and AIDS], articles 1, 2, 16, and 17.  According to the UN Committee on Economic, Cultural and Social Rights, in its General Comment 14 on "The right to the highest attainable standard of health," August 11, 2000, persons are entitled to control of one's health and body, including the right to be free from interference, such as to be free from non-consensual medical treatment and experimentation. Paragraph 8.

[16] Guideline 3 of the "U.N. Human Rights and HIV/AIDS International Guidelines" recommends that "in order to maximize prevention and care, public health legislation should ensure, whenever possible, that pre- and post-test counselling be provided in all cases." 

[17] Human Rights Watch interview with Han, Kunming, Yunnan, 2002. 

[18] CNN News, "China: Harsh punishment in SARS fight," May 16, 2003, http://www.cnn.com/2003/HEALTH/05/15/sars, retrieved July 31, 2003.

[19] Mure Dickie, "Stringent new rules on AIDS proposed by China," Financial Times, August 15, 2003.

[20]State Council Office Document 2001-40, Ministry of Health Communicable Disease Control Division, China's Action Plan for Reducing and Preventing the Spread of HIV/AIDS (2001 - 2005), English translation, June 2001, http://www.usembassy-china.org.cn/sandt/AIDS-actionplantranslation.htm, retrieved July 31, 2003.

[21] AFP, "China-AIDS: Chinese city passes law to protect rights of AIDS patients," October 16, 2002.

[22] People's Daily, "Marriage marks change in attitude to AIDS victims," August 4, 2003.

[23] CCM, 2003 Proposal to the Global Fund, June 2003, p. 35.

[24] Chris Buckley, "AIDS-afflicted villagers say Chinese police attacked them," New York Times, July 8, 2003; Human Rights Watch, "China: Police violence against HIV-positive protestors escalates; Henan authorities deepen AIDS cover-up," July 9, 2003.

[25] Martin Feckler, "China Must Curb AIDS Spread", Associated Press, October 14, 2002.

[26] Events unfold rapidly in China.  The information contained in this report is current as of August 21, 2003.

[27] Participant observation is a qualitative social science research method that requires immersion in the research site.  Everett C. Hughes calls it "the observation of people in situ; finding them where they are, staying with them in some role which, while acceptable to them, will allow both intimate observations of certain parts of their behavior, and reporting it in ways useful to social science but not harmful to those observed" ("Introduction: the place of fieldwork in social science," in Buford H. Junker, ed., Field Work: An Introduction to the Social Sciences, Chicago, University of Chicago Press, 1960; p. v).  By contrast, quantitative research methods such as questionnaires are useful for gathering larger amounts of information that are easier to compare across research sites, but these more superficial tools can also distort the data.  For an excellent discussion, see Bruce Jackson, Fieldwork(Urbana and Chicago, University of Illinois Press, 1987).

[28] Human Rights Watch, "Indictment of Yao Fuxin and Xiao Yunliang in Liaoyang, China," annotated English translation, February 14, 2003, http://hrw.org/press/2003/02/chinaindictment.htm.

[29] Perry Link, "The Anaconda in the Chandelier," China Rights Forum no. 1, April 2002, 26-31.

[30] Private communication by a Chinese scholar with Human Rights Watch, December 2002; Kang Zhengguo, "Arrested in China," The New York Review of Books, vol. 48 no. 14, September 20, 2001; and Perry Link, "The Anaconda in the Chandelier."

[31] Ed Lanfranco, "HIV/AIDS in China tops million mark," United Press International, Sept. 6, 2002

[32]Chinese National Medium-and Long-Term Strategic Plan for HIV/AIDS Prevention and Control (1998-2010), printed and disseminated by the State Council, November 12, 1998

[33] Reuters, "HIV carriers up 37 percent," November 1, 2000.

[34]Chinese National Medium-and Long-Term Strategic Plan for HIV/AIDS Prevention and Control (1998-2010), printed and disseminated by the State Council, November 12, 1998

[35] Elisabeth Rosenthal, "Suddenly, AIDS makes the news in China," The New York Times, December 5, 2001.

[36] People's Daily, "China to promote donation work for blood safety," December 13, 2001.

[37] Zhang Wenkang, quoted in China Health News, December 27, 2002.

[38] UNAIDS, HIV/AIDS: China's Titanic Peril, June 2002; p. 11.

[39] National Intelligence Council, The Next Wave of HIV/AIDS: Nigeria, Ethiopia, Russia, India, and China (Washington D.C., September 2002), p. 4.

[40] CCM, 2003 Proposal to the Global Fund, June 2003, p. 13.

[41] People's Daily, "China's GDP hit 1.23 trillion U.S. dollars in 2002: NBS," December 30, 2002.

[42] Telephone media briefing by Dr. Yiming Shao and the Global HIV Prevention Working Group, New York, May 13, 2003.  These numbers are generally confirmed by China's 2003 proposal to the Global Fund, though with variations:  the proposal reports the central government has committed U.S.$12.5 million annually, with the Finance Ministry committing an additional U.S.$151 million for blood centers and U.S.$109 million to improve health infrastructure in central and western China (CCM, 2003 Proposal to the Global Fund, June 2003, p. 15).

[43] CCM, 2003 Proposal to the Global Fund, June 2003, "Section III: General information about the country setting," p. 12.

[44]Shanghai shi aizibing fangzhi banfa (Shanghai city AIDS prevention methods), Shanghai People's Government document no. 64, Dec. 30, 1998, article 25.   

[45] Dehong Dai Nationality Autonomous Prefecture is one of a number of ethnic "autonomous" regions established in China during the 1950s.  The process of ethnic identification and categorization China undertook in the 1950s has been criticized by some social scientists, as has the practice of "autonomy".  For more on such regions including Dehong, see Stevan Harrell, ed., Cultural Encounters on China's Ethnic Frontiers (Seattle: University of Washington, 1995).

[46] Such testing was likely to have been conducted at forced detoxification centers.

[47] For instance, see Norma Diamond's germinal essay, "The Miao and Poison: Interactions on China's Southwest Frontier," a discussion of the historical roots of contemporary beliefs about the sexual "openness" and dangerousness of minority women (Ethnology 27, no. 1, January 1988, pp. 1-25).  For more recent discussions of majority Han Chinese views of minority women's sexual identity in China, see Louisa Schein, Minority Rules: The Miao and the Feminine in China's Cultural Politics (Durham: Duke University Press, 2000) and Dru Gladney, "Representing Nationality in China: Refiguring Majority/Minority Identities," (Journal of Asian Studies 53, February 1994, pp. 92-123).

[48] UNAIDS, HIV/AIDS: China's Titanic Peril, June 2002, p. 14.  More recent government statements have estimated that the majority of all new HIV infections in China are a result of needle-sharing among injection drug users [China CCM, 2002 Proposal to The Global Fund, July 2002, "HIV/AIDS Situational Analysis in China" (attachment 4), p. 5].  Given Beijing's continuing efforts to minimize the role of state-run and licensed blood collection centers in spreading HIV throughout central China and to minimize the extent of the catastrophe in these regions, such estimates should be regarded with skepticism.

[49] World Health Organization, HIV/AIDS in Asia and the Pacific Region 2001, www.wpro.who.int/pdf/sti/aids2001/complete.pdf, retrieved May 13, 2003, p. 42.

[50] UNAIDS, Report on the global HIV/AIDS epidemic 2002, July 2002, http://www.unaids.org/barcelona/presskit/report.html, retrieved September 10, 2002.

[51] The State Council (guowuyuan) is the highest administrative organ in China.  It is directed by the premier, currently Wen Jiabao, and includes vice-premiers, state councillors, ministers in charge of ministries and commissions, the auditor-general and the secretary-general.  The State Council directs and makes policy for the ministries under its authority.  For more information, see Facts and Figures: Structure of the State, Foreign Language Press (Beijing: 1987).

[52] State Council, China's National Medium and Long-term Strategic Plan for HIV/AIDS Prevention and Control (1998-2010), State Council Document GF (1998) 38, November 12, 1998, English translation, p. 6.

[53] State Council, China's Medium and Long-term Strategic Plan, p. 8.

[54] Ibid., p. 10.

[55] State Council, China HIV/AIDS Prevention and Control Action Plan (2001-2005), 25 May, 2001, English translation, p. 1.

[56] State Council, Chinese National Medium- and Long-term Strategic Plan for HIV/AIDS Prevention and Control (1998-2010),26 October, 1998, paragraph 3 (4).

[57] State Council, China HIV/AIDS Plan (2001-05), Work goal 4.

[58] Ibid., Action measure 3.

[59] Ibid., Action measure 3.  The term "socialist spiritual civilization" was first used by President Deng Xiaoping during China's economic reforms in the 1980s, to emphasize the importance of holding onto Maoist principles and values despite increasing contact with the morally corrupting effects of global capitalism.  The term was again actively promoted by Deng's successor Jiang Zemin during the 2002 Sixteenth Communist Party Congress.  The revised Constitution of the Chinese Communist Party, passed during that Congress, urges members to "inspire the Party members and the people with the Party's basic line, patriotism, community spirit and socialist ideology, enhance their sense of national dignity, and their spirit of self-confidence and self-reliance, imbue the Party members with the lofty ideals of communism, resist corrosion by decadent capitalist and feudal ideas, and wipe out all social evils, so that our people will have lofty ideals, moral integrity, a good education and a strong sense of discipline" (Constitution of the Communist Party of China, in the Documents of the 16th National Congress of the Communist Party of China, Foreign Language Press (Beijing), 2002; p. 82).

[60] Ibid., p. 9.

[61] According to the law, "Class B infectious diseases include: viral hepatitis, bacillary and amoebic dysentery, typhoid fever and paratyphoid fever, AIDS, lymph disease, syphilis, poliomyelitis, urticaria, whooping cough, diphtheria, epidemic cerebrospinal meningitis [NB: the law does not specify which type], scarlet fever, epidemic hemorrhagic fever, rabies, leptospirosis, brucellosis, anthrax, epidemic and endemic typhus, epidemic encephalitis B, black fever, malaria, dengue fever."  Zhonghua renmin gongheguo chuanranbing fangzhi fa [Law on the Prevention and Treatment of Infectious Diseases], ratified by the sixth meeting of the seventeenth people's congress, Feb. 21, 1989, for implementation September 1, 1989, article 3.

[62]Chuanranbing fangzhi fa [Law on the Prevention of Infectious Diseases], article 24 (1).

[63]Certain number of regulations,article 21; and the Medium-term plan (1998-2010).

[64] Hu Angang, "Zhongguo hongguan jingji yu weisheng jiankang" [Chinese macroeconomics and health and sanitation], in Hongguan jingji yu weisheng yanjiu baogao hui [Report of the conference on macroeconomics and health studies], 2002, pp. 38-51.

[65] People's Daily, "Southwest China province set to lift AIDS marriage ban," June 2, 2003.

[66] See Sandra Hyde, "Sex Tourism Practices on the Periphery: Eroticizing Ethnicity and Pathologizing Sex on the Lancang", in China Urban: Ethnographies of Contemporary Culture, ed. By Nancy N. Chen, Constance D. Clark, Suzanne Z. Gottschang, and Lyn Jeffery (Durham & London: Duke University Press, 2001), pp. 143-164; and Sara Davis, "The Hawaiification of Xishuangbanna: Orality, Power and Cultural Survival in Southwest China," TDR: The Drama Review (2002), 44:4: pp. 25-41.

[67] U.S. Embassy- Beijing, Environment, Science and Technology Section, "AIDS in China: Yunnan Province Confronts HIV", December 2000, http://www.usembassy-china.org/sandt/yunnanbarth.html, retrieved October 1, 2002.

[68] Ibid.

[69] Other agencies such as UNICEF and Health Unlimited did not have official offices in Yunnan but supported AIDS education programs in ethnic minority regions of the province.  See http://unicef.org/eapro-hivaids/countries/China.htm, and www.healthunlimited.org/china/index.htm for more information.

[70] U.S. Embassy- Beijing, Environment, Science and Technology Section, "AIDS in China: Yunnan Province Confronts HIV", December 2000, http://www.usembassy-china.org/sandt/yunnanbarth.html, retrieved October 1, 2002.

[71] U.S. Embassy, "AIDS in China: Yunnan Province Confronts HIV".

[72] Quoted in Recent Reports on HIV/AIDS and STDs in China, posted July 1, 2001, www.usembassy-china.org.cn/english/sandt/hivartic.html, retrieved February 12, 2002.

[73] U.S. Embassy- Beijing, Environment, Science and Technology Section, "China Hosts Its First Major Conference on AIDS", November 20001, http://www.usembassy-china.org.cn/sandt/1st-AIDSconference.htm, retrieved October 1, 2002.

[74] CCM, 2003 Proposal to the Global Fund, June 2003, p. 15.

[75] UNAIDS, HIV/AIDS: China's Titanic Peril, June 2002.

[76]Ambassador Zhang Yishan, Deputy Permanent Representative of China, "Statement on HIV/AIDS at the 57th Session of the General Assembly," November 8, 2002, http://www.china-un.ch, retrieved June 12, 2003.

[77] For instance, in Yunnan:  "Kunmingren guanzhu Aizibing" [Kunming residents pay attention to AIDS], (Kunming, Dushishibao), December 2, 2002; "Wanren qianming yufang Aizibing" [10,000 people sign petition on AIDS prevention], (Kunming, Dushishibao), December 2, 2002; "Ai tamen jiushi ai ziji" [To love them is to love oneself], (Kunming, Dushishibao), December 2, 2002; and a group of articles and columns on a World AIDS Day newspaper page, with the banner, "Do not abuse drugs, be faithful to partners, General movement for World AIDS Day in the Spring City: Kunming publishes recipe for AIDS prevention," (Kunming: Shenghuo Xinbao), December 2, 2002.

[78] "AIDS couple tie the knot," China Internet Information Center, November 30, 2002, http://www.china.org.cn/english/China/50083.htm, retrieved June 12, 2003; and "China marriage to mark AIDS day," Associated Press, November 25, 2002.

[79] "Official: HIV carriers have right to marry," China Daily, November 28, 2002.

[80] "China Marks World AIDS Day," People's Daily, December 2, 2002, http://english.peopledaily.com.cn/200212/02/eng20021202_107750.shtml, retrieved on June 12, 2003.

[81] Guo Nei, "Li: Disease prevention is priority of campaign," China Daily, December 17, 2002.

[82]Xinwen diaocha [News investigation], CCTV2, December 8, 2003, 6:30 p.m.  Li Jiaming is a pseudonym.  On the CCTV2 program, Li explained that he had taken the name became liming [dawn] symbolized his hopes "that I still have a future," and jia [home] represented his longing for his home.

[83] Xinhua, "Wan Yanhai released after confessing to crimes in leaking state secrets," September 20, 2002.

[84] "Concern escalates over missing Chinese AIDS activist," Human Rights Watch, August 30, 2002, http://www.hrw.org/press/2002/08/drwan082902.htm, retrieved on June 12, 2003; "PHR letter on behalf of Dr. Wan Yanhai - China," Physicians for Human Rights, September 19, 2002, http://www.phrusa.org/campaigns/colleagues/china_092102.html, retrieved on June 12, 2003; "China: Authorities confirm detention of Wan Yanhai," Committee to Protect Journalists, September 5, 2002, http://www.cpj.org/news/2002/China05sept02na.html, retrieved on June 12, 2003. "US-China-AIDS: Protest in New York against detention of Chinese AIDS activist," Agence France-Presse, September 19, 2002.

[85] Maurice Meisner, Mao's China and After: A History of the People's Republic (New York and London: Free Press, 1977).

[86] Bing Jiang and Yongquan Tian, "Development of Xiangya hospital as a model for Chinese hospitals," Yale-China Health Journal, Autumn 2002, vol. 1, pp. 47-60; p. 47.

[87] Richard Harris, "SARS highlights need to address TB," Morning Edition, National Public Radio, June 6, 2003.

[88] CCM, 2003 Proposal to the Global Fund, June 2003, p. 14.

[89] Ibid., p. 16.

[90] Ibid., p. 17.

[91] Peter Goff, "Virus exposes the weakness of China's health care," South China Morning Post, May 4, 2003.

[92] CCM, 2003 Proposal to the Global Fund, June 2003, p. 14.

[93] International Covenant on Economic, Social and Cultural Rights (ICESCR), G.A. res. 2200A (XXI), 21 U.N. GAOR Sup. (No. 16) at 49, U.N. Doc. A/6316 (1996), 993 U.N.T.S. 3, entered into force January 3, 1976, article 12.  China ratified the ICESCR on DATE.  Chinese translations of the ICESCR are available from Human Rights Watch at http://www.hrw.org/chinese/un/iccpr.html and from the Hong Kong Human Rights Monitor at http://www.hkhrm.org.hk/database/1c1.html, both sites that are usually blocked in mainland China.

[94] CESCR, General Comment No. 14, "The right to the highest attainable standard of health" (article 12 of the International Covenant on Economic, Social and Cultural Rights), 11/8/2000.E/C.12/2000/4, CESCR, 22nd session, Geneva, 25 April – 12 May 2000.

[95] CESCR General Comment No. 14, paragraph 8 (emphasis in the original).

[96] CESCR General Comment No. 14, paragraph 18.

[97] CESCR General Comment No. 14, paragraph 30.

[98] CESCR General Comment No. 14, paragraph 31.

[99] CESCR General Comment No. 14, paragraphs 43-45.

[100] CESCR General Comment No. 14, paragraph 43, states that states parties to the ICESCR are obligated:

(a) To ensure the right of access to health facilities, goods and services on a non-discriminatory basis, especially for vulnerable or marginalized groups; …

(d) To provide essential drugs, as from time to time defined under the WHO Action Programme on Essential Drugs[100];

(e) To ensure equitable distribution of all health facilities, goods and services;

(f) To adopt and implement a national public health strategy and plan of action, on the basis of epidemiological evidence, addressing the health concerns of the whole population; the strategy and plan of action shall be devised, and periodically reviewed, on the basis of a participatory and transparent process; they shall include methods, such as right to health indicators and benchmarks, by which progress can be closely monitored; the process by which the strategy and plan of action are devised, as well as their content, shall give particular attention to all vulnerable or marginalized groups.

[101] Paragraph 44 of CESCR General Comment No. 14 states that these obligations are of comparable priority to those in paragraph 43:

(a) To ensure reproductive, maternal (pre-natal as well as post-natal) and child health care;…

(c) To take measures to prevent, treat and control epidemic and endemic diseases;

(d) To provide education and access to information concerning the main health problems in the community, including methods of preventing and controlling them;

(e) To provide appropriate training for health personnel, including education on health and human rights.

[102] CESCR General Comment No. 14, "The right to the highest attainable standard of health," paragraph 16.

[103] Office of the United Nations High Commissioner for Human Rights and the Joint United Nations Programme on HIV/AIDS, "HIV/AIDS and Human Rights International Guidelines" (from the second international consultation on HIV/AIDS and human rights, 23-25 September 1996, Geneva), U.N. Doc. HR/PUB/98/1, Geneva, 1998.  While the guidelines have been translated into Chinese, they do not appear to be posted on the UNAIDS Beijing website.

[104] Commission on Human Rights, "The protection of human rights in the context of human immune deficiency virus (HIV) and acquired immune deficiency syndrome (AIDS)," Commission on Human Rights resolution 1997/33, 57th meeting, April 11, 1997.

[105] Office of the United Nations High Commissioner for Human Rights and the Joint United Nations Programme on HIV/AIDS, "HIV/AIDS and Human Rights International Guidelines" (from the second international consultation on HIV/AIDS and human rights, 23-25 September 1996, Geneva), U.N. Doc. HR/PUB/98/1, Geneva, 1998, paragraph 11.

[106] Joint United Nations Programme on HIV/AIDS, "United Nations Entrenches Human Rights Principles in AIDS Response," press release, 10 September 2002.

[107] Due to space constraints, the following is a cursory summary of the complex subject of guanxi.  For more on this, see Yunxiang Yan, The flow of gifts : reciprocity and social networks in a Chinese village (Stanford, CA: Stanford University Press, 1996); Mayfair Mei-hui Yang, Gifts, favors, and banquets : the art of social relationships in China (Ithaca, NY: Cornell University Press, 1994); Thomas Gold, Doug Guthrie, and David L. Wank, eds., Social connections in China : institutions, culture, and the changing nature of guanxi (Cambridge and New York: Cambridge University Press, 2002); Andrew B. Kipnis, Producing guanxi: sentiment, self, and subculture in a North China village (Durham: Duke University Press, 1997); and Helen F. Siu, Agents and victims in south China : accomplices in rural revolution (New Haven, CT: Yale University Press, 1989).  For the influence of guanxi across borders, see Aihwa Ong and Donald Nonini, eds., Ungrounded empires: the cultural politics of modern Chinese transnationalism (New York: Routledge, 1997).

[108] China Radio International, "China survey finds one in six haven't heard of AIDS," January 2003, http://web12.cri.com.cn/english/2003/Jan/85856.htm, retrieved June 12, 2003.

[109] CCM, 2002 Proposal to the Global Fund, July 2002, p. 13.

[110] CCM, 2002 Proposal to the Global Fund, July 2002, "HIV/AIDS Situational Analysis in China" (attachment 4), p. 14.

[111] "What's News,"South China Morning Post, August 24, 2001.

[112] Fong Tak-ho, "Free condom campaign insulting, say workers," South China Morning Post, November 20, 2002.

[113] Human Rights Watch interview with Han, Kunming, Yunnan, 2002.

[114] Zhao Anping, "Nu aizibing huanzhe bei sha diaocha pilu xian wei ren zhi gushi," Jiankang Shibao [Health Times], December 27, 2002.

[115] "Media Begin Battle for AIDS Tolerance", China Daily, November 30, 2001.

[116]Esther Kaplan, "POZ in Asia, Beijing, China", POZ, July 2000, www.poz.com/archive/july2000/inside/china.html, retrieved on August 7, 2002.

[117] Human Rights Watch interview with Ai, Jinghong, Yunnan, 2002; interview with Cao, Yunnan, 2002; interview with Tao, Yunnan, 2002.

[118] Human Rights Watch interview with Ji, Kunming, Yunnan, 2002.

[119] Li Jiaming, Zuihoude Xuanzhan [The Final Battle], (Tianjin: Tianjin Renmin chubanshe), p. 21.

[120] Human Rights Watch interview with Alice Chan, Hong Kong, 2003.

[121] Human Rights Watch interview with Zhang, Beijing, 2002.

[122] Human Rights Watch interview with Wu, Kunming, Yunnan, 2002; Human Rights Watch interview with Cao, Kunming, Yunnan, 2002.

[123] "Police blamed for child starving," Courier-Mail, Queensland, Australia, June 26, 2003.

[124] CCM, 2003 Proposal to the Global Fund, June 2003, "Gender equality issues," p. 55.

[125] Human Rights Watch interview with Cao, Kunming, Yunnan, 2002; Human Rights Watch interview with Tang, AIDS activist, New York, 2003.

[126] Human Rights Watch interview with Kong, Kunming, Yunnan, 2002.

[127] Video cassette disk, a popular technology for watching videos in China and much of East and Southeast Asia that resembles a DVD.

[128] Historically, the government has sometimes invited openness only to punish those who spoke out, as with the Cultural Revolution.  See for instance Thomas Robinson, ed., The Cultural Revolution in China (Berkeley: University of California Press, 1971).

[129] Song Raosong, "Aizinu zhaodao fangzi" [AIDS woman finds house], (Kunming: Yunnan Xinxi Bao), November 24, 2002.

[130] "Sicheng Kunmingren zhixiao Aizibing" [Four cities and Kunming residents learn about AIDS], (Kunming, Dushishibao), December 2, 2002.

[131] Li Jiaming, Zuihoude Xuanzhan [The Final Battle] (Tianjin: Tianjin renmin chuban she, 2003).

[132] Human Rights Watch interview with Loretta Wong, deputy chief executive of AIDS Concern, Hong Kong, 2002.

[133] Bates Gill, Jennifer Chang and Sarah Palmer, "China's HIV Crisis," Foreign Affairs, March/April 2002.  Beijing-based Aizhi Action Project reports that Southern Weekend has also been criticized "frequently" by the Central Propaganda Department for its AIDS reporting.  See Aizhi Action Health Education Institute, Aizhi Newsletter:  Special Issue on Thanksgiving for HIV/AIDS Awareness (Beijing, November 22, 2002).

[134] Sophie Beach, "Running in Place", August 2001, http://www.cpj.org/Briefings/2001/China_aug01/China_aug01.html, retrieved on February 28, 2003.

[135] Wan Yanhai, "National secrets and AIDS transmission via blood-selling."

[136] Reporters Sans Frontieres, China: Foreign and Chinese journalists banned from investigating the AIDS epidemic in Henan province, report, Paris, November 13, 2001.

[137] Reporters Sans Frontieres, China: Foreign and Chinese journalists banned…

[138] David Murphy, "A Nightmare in the Making," Far Eastern Economic Review, August 15, 2002, pp. 30-33; p. 31.

[139]Beijing Aizhi Action Project 2002 Annual Report, December 22, 2002, http://www.stanford.edu/~hcchang/annualreport2002/revised%20eng%20translation.htm, retrieved June 13, 2003.

[140] In Chinese, fanyizhan or anti-epidemic station; the term is now officially translated as "center for disease control."

[141] Melinda Liu, "The Blood Ties That Bind," Newsweek, October 29, 2002; pp. 58-61; p. 61.

[142] Aizhi Action Health Education Institute, Aizhi Newsletter: Special Issue on Thanksgiving for China HIV/AIDS Awareness (Beijing, November 22, 2002).

[143] Francis Markus, radio report, BBC News East Asia Today, December 30, 2002 and Odilon Couzin, "AIDS in China," radio report, PRI's The World, November 29, 2002.

[144] Human Rights Watch interview with Yu, Yunnan, 2002.

[145] Agence France Presse, "Villagers dying of AIDS make desperate appeal for help," May 30, 2001.

[146] Human Rights Watch interview with Alex Z. in Kunming, Yunnan, 2002.

[147] For more on Chinese NGOs and GONGOs, see China Development Brief, www.chinadevelopmentbrief.com.  Material on the website includes translations of some of the NGO registration laws.

[148] Lu Yiyi and Kathy Attawell, Review of Primary Stakeholder Participation and NGO Involvement, Beijing: UK-China HIV/AIDS Prevention and Care Project, November 2002, p. 15.

[149]Regulations for Registration and Management of Social Organizations, State Council order no. 250, published September 25, 1998, article 7.

[150] Human Rights Watch correspondence with Marina S., NGO worker, October 2002.

[151] Lu and Attawell, Review of Primary Stakeholder Participation and NGO Involvement, p. 9.

[152] Lu and Attawell, Review of Primary Stakeholder Participation…, p. 10.

[153] John Gittings, "AIDS: China's state secret," London Guardian Weekly, January 7, 2003.

[154] Agence France Presse, "Chinese village dying of AIDS neglected and left to rot," March 20, 2001.

[155] Agence France-Presse, "Sufferers held over HIV-drug demand," South China Morning Post, December 3, 2001.

[156] Elisabeth Rosenthal, "Spread of AIDS in rural China ignites protests," New York Times, December 11, 2001.

[157] James Kynge, "Chinese AIDS sufferers stage mass protest," London Financial Times, November 22, 2001.

[158] Tom Plate, "Ignorance fuelling China's AIDS pandemic," South China Morning Post, December 3, 2001.

[159] Pierre Haski, "La colère des contaminés de la misère du Henan monte à Pékin," Liberation, June 5, 2002.

[160] Agence France-Presse, "China to organize national conference on AIDS," October 1, 2001.

[161] Philip P. Pan, "As China faces crisis, people with HIV are kept largely invisible: Beijing fears losing 'control of the message,'" Washington Post Foreign Service, November 20, 2001 and Reuters, "China's AIDS victims to seek help at national conference," November 11, 2001.

[162]Agence France Presse, "Hundreds of police storm 'AIDS village' in China, arrest 13 farmers," July 3, 2003.

[163] Gao Yaojie, "My AIDS prevention journey."

[164] Tim McGirk and Susan Jakes, "Stalking a Killer," Time Asia, September 30, 2002.

[165] Chung To, presentation at Columbia University East Asian Institute, November 13, 2002.

[166] TRP reporting form, The Global Fund to Fight AIDS, Tuberculosis and Malaria, November 6, 2002.

[167] Universal Declaration of Human Rights, adopted and proclaimed by United Nations General Assembly resolution 217 A (III) on December 10 1948.

[168] International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force March 23, 1976.  China signed the ICCPR in October 1998.  Article 18 of the Vienna Convention on the Law of Treaties provides that signatory states are "obliged to refrain from acts which would defeat the object and purpose of a treaty."

[169] International Covenant on Civil and Political Rights, article 19 (2).

[170] International Covenant on Civil and Political Rights, article 21.

[171] International Covenant on Civil and Political Rights, article 22 (1).

[172] Office of the United Nations High Commissioner for Human Rights and the Joint United Nations Programme on HIV/AIDS, "HIV/AIDS and Human Rights International Guidelines," paragraph 2.

[173] "States should ensure, through political and financial support, that community consultation occurs in all phases of HIV/AIDS policy design, programme implementation and evaluation and that community organizations are enabled to carry out their activities, including in the field of ethics, law and human rights, effectively."  Commission on Human Rights resolution 1997/33, "The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS)", paragraph 2.

[174] Committee on Economic, Social and Cultural Rights, General Comment No. 14 (2000): "The right to the highest attainable standard of health", paragraph 11.

Regulations for Registration and Management of Social Organizations, State Council order no. 250, published September 25, 1998.

[176]Regulations for Registration and Management of Social Organizations, State Council order no. 250, article 1.

[177]Regulations for Registration …, article 13 (ii).

[178] Gunilla Riska, NGOs in the GMS: Involvement Related to Poverty Alleviation and Watershed Management: Yunnan,  China, Regional Environmental Technical Assistance 5771: Poverty Reduction and Environmental Management in Remote Greater Mekong Subregion (GMS) Watersheds Project (Phase I), 1999,  www.mekonginfo.org, retrieved March 1, 2003.

[179] Human Rights Watch interview with Zhang, Beijing, 2002.

[180] International Covenant on Civil and Political Rights, article 26.

[181] Commission on Human Rights, "The Protection of Human Rights in the Context of Human Immune Deficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS)," Resolution 1995/44, adopted without a vote, March 3, 1995.

[182]Chengdushi xingbing aizibing fangzhi guanli tiaoli [Chengdu City Regulations for the Prevention and Management of STIs and AIDS], passed at 17th meeting of the Chengdu City 13th People's Congress, October 27, 2000, ratified at the 12th meeting of the Sichuan Congress, Nov. 30, 2000, and Jilin sheng xingbing fangzhi guanli tiaoli [Jilin province regulations for the prevention of sexually transmitted diseases], ratified at the eleventh meeting of the 7th Jilin party congress, November 7, 1992, article 9.

[183] Two signs posted in women's showers, Peace Hotel, Beijing, 2002.

[184]Shanghai shi aizibing fangzhi banfa [Shanghai City Methods of AIDS Prevention], Shanghai city people's government document no. 64, Dec. 30, 1998, article 15 ("Targets of HIV testing").

[185]Shanghai shi aizibing fangzhi banfa, article 26.

[186]Aizibing jiance guanlide ruogan guiding [Certain Number of Regulations on AIDS supervision and management], State Council, January 14, 1988, article 6.

[187]Shanghai shi aizibing fangzhi banfa, article 19.

[188]Liaoyang shi xingbing fangzhi guanli tiaoli [Liaoyang city requirements for the management of prevention of sexually transmitted diseases], ratified by the twenty-third meeting of the seventh Liaoyang province people's congress, July 27, 1991; revised at the twenty-eighth meeting of the seventh Liaoyang province people's congress, May 30, 1997; article 11.

[189]Certain number of regulations…, article 21, and Methods for Management of Prevention of Sexually Transmitted Diseases, published by Ministry of Health, August 12, 1991, article 17.

[190] Li, Zuihoude xuanzhan, p. 177.

[191] Human Rights Watch interview with Ji, Kunming, Yunnan, 2002.

[192] Human Rights Watch interview with Alex Z., Kunming, Yunnan, 2002.

[193] Agence France-Presse, "AIDS villages out of limelight 'ignored'," November 5, 2001.

[194] Human Rights Watch interview with Zhang, Beijing, 2002.

[195] U.S. Embassy Beijing, "AIDS in China:  Yunnan province confronts HIV," December 2000, http://www.usembassy-china.org.cn/sandt/yunnanbarth.html, retrieved June 16, 2003.

[196] Human Rights Watch visit to hospital in Dehong Dai Autonomous Prefecture, Yunnan, 2002.

[197] Human Rights Watch interview with Jenny S., Kunming, Yunnan, 2002.

[198] Human Rights Watch interview with Mao, Hong Kong, 2003.

[199] CCM, 2003 Proposal to the Global Fund, June 2003, "Goal and expected impact," p. 30.

[200] Gao Yanfang, "A friend to people with AIDS", China Today, April 2002.

[201] Human Rights Watch interview with Tao, Ruili, Yunnan, 2002.

[202] International Covenant on Economic, Social and Cultural Rights, article 12 (d).

[203] CESCR General Comment 14, "The right to the highest attainable standard of health", paragraph 12 (b).

[204] CESCR General Comment 14, paragraph 18.

[205] CESCR General Comment 14, paragraph 18, and UNHCHR and UNAIDS, "HIV/AIDS and Human Rights International Guidelines," paragraph 10.

[206] UNHCHR and UNAIDS, "HIV/AIDS and Human Rights International Guidelines," paragraph 11; and Commission on Human Rights resolution 1997/33, "The protection of human rights in the context of HIV and AIDS," paragraph 11.

[207] International Covenant on Civil and Political Rights, article 23 (2).

[208]Zhonghua renmin gongheguo hunyin fa [Marriage law], revised version ratified by the twenty-first conference of the Ninth National Party Congress, April 28, 2001, article 7(2).

[209]Hunyin dengji tiaoli [Marriage registration regulations], revised version passed by the sixteenth standing committee of the State Council on July 30, 2003, to be implemented October 1, 2003, article 6 (5).

[210] See especially the marriage registration regulations for Zhejiang province, Xinjiang Uyghur autonomous prefecture, Tianjin city, and Shanghai city. 

[211] People's Daily, "Southwest China province set to lift AIDS marriage ban," June 2, 2003, www.english.peopledaily.com.cn/200306/02/eng20030602_117567.shtml, retrieved July 31, 2003.

[212] "Aizi nu lingdao jiehun zheng" [AIDS woman awarded marriage permit] (Kunming, Dushishibao, November 24, 2002).  The article notes that the couple was warned by city government to take proper precautions to avoid transmitting the virus, and were told they "can even have their own child".

[213] Beijing's Xinmin Weekly, in its November 25 to December 1 issue, featured a lurid cover with the banner: "I want to marry" (Wo yao jiehun), over a darkened photograph of a woman with a black stripe covering her eyes, bent over a man prostrate on a hospital bed with an IV tube going into his arm.  AIDS activist Zhang objected to frequent references to the female partner as "AIDS woman" in this and other newspapers, and to the thinness of the black bars that are often used to cover the eyes of people living with HIV/AIDS in print photographs which, he said, made it relatively easy to recognize faces.

[214]China Daily, "First HIV/AIDS couple to wed," August 4, 2002.

[215] Steve Friess, "AIDS in China: Voice of protest is heard, Authorities reluctantly face spread of disease," USA Today, December 11, 2001.  Ryan White was an American teenager who, as a hemophiliac, was infected with the AIDS virus during a botched surgery.  White became a renowned AIDS activist and spokesperson against discrimination against people with HIV/AIDS.  He died of complications related to AIDS in 1990 at the age of nineteen.

[216] He Sheng, "Long Road Ahead in Fight Against AIDS," China Daily, August 21, 2000; translated into English and posted on www.usembassy-china.org.cn/sandt/hivartic.htm on July 1, 2001; retrieved June 4, 2003; John Pomfret, "The High cost of selling blood," Washington Post, January 11, 2001; "AIDS media star stirs up debate in China," Asian Economic News, December 9, 2002; Leta Hong Fincher, "AIDS crusader," VOA News, October 2001.

[217] Wan Yanhai, "Children in AIDS-affected families: A survey of two villages in Henan province, PRC," published by Aizhi Health Education Institute, April 2003.

[218] Aizhi Health Education Institute, "Children/orphans and HIV/AIDS in China," April 2003.

[219] Human Rights Watch interview with Cao, Kunming, Yunnan, 2002.

[220] Li Xiaorong, "AIDS orphans in China: Stigma, neglect, and opportunity for better care," written statement submitted to the Congressional Executive Committee on China, October 21, 2002.

[221] Li Xiaorong, "AIDS orphans in China: Stigma, neglect, and opportunity for better care."

[222] CCM, 2003 Proposal to the Global Fund, June 2003, "Section III: General information about the country setting," p. 12.

[223] Agence France-Presse, "Look after my son, pleads AIDS mother," October 18, 2002; Nicholas D. Kristof, "China's deadly cover-up," The New York Times, November 29, 2002.

[224] Convention on the Rights of the Child, adopted November 20, 1989, G.A. Res. 44/25, U.N. Doc. A/RES/44/25, entered into force September 2, 1990; article 20. China ratified the CRC March 2, 1992.

[225] Convention on the Rights of the Child, articles 2(1), 2(2), 28(1); International Covenant on Economic, Social and Cultural Rights, articles 2(2), 13.

[226] Human Rights in China, Institutionalized Exclusion: The tenuous legal status of internal migrants in China's major cities (New York, November 6, 2002).

[227] Human Rights Watch interview with Zhang, Beijing, 2002. 

[228] Elisabeth Rosenthal, "Despite Law, China's HIV Patients Suffer Bias,"  New York Times, January 14, 2003.

[229] Francis Markus, radio report, BBC World Service East Asia Today, December 30, 2002.

[230] Odilon Couzin, "Denial in China," Background Briefing, Radio National, November 10, 2002.

[231]Chuanranbing fangzhi fa [Law on Prevention of Infectious Diseases], article 14.

[232]Aizibing jiance guanlide ruogan guiding [Certain number of regulations on the supervision and management of AIDS], article 23.

[233]Jinan shi xingbing fangzhi tiaoli [Jinan city regulations for prevention of sexually transmitted diseases], ratified by the ninth meeting of the ninth provincial party congress, June 18, 1999.

[234] Human Rights Watch interview with Law, Hong Kong, 2003.

[235] Human Rights Watch interview with Law, Hong Kong, 2003.

[236] Human Rights Watch interview with Harry, Hong Kong, 2003; interview with NGO worker who requested anonymity on this subject, Hong Kong, 2003.

[237] Li Hujun, "AIDS Legislation Hearing: Ideal and reality" [Aizi lifa tingzheng: mosi yu xianshi], Southern Weekend [Nanfang Zhoumo], November 23, 2002.

[238] United Nations HIV/AIDS and Human Rights International Guidelines, paragraph 28(d).

[239] In the mid-1980s, Surgeon General of the United States C. Everett Koop emphasized this point in manycommunications. He was quoted in one account from the period as saying: "Quarantine has no role in the management of AIDS because AIDS is not spread by casual contact." See Joe Davidson, "Program to warn children on AIDS proposed by Koop," Wall Street Journal, October 23, 1986, p. 8. Early U.N. strategy documents on HIV/AIDS also emphasized this point, thanks in part to the influence of Jonathan Mann, the first director of the WHO Global Programme on AIDS, who especially underlined the lack of public health rationale for quarantining people living with HIV/AIDS. See, e.g., Mark Schoofs, "Body and soul: Human rights = public health--Remembering AIDS pioneer Jonathan Mann," Village Voice, September 9-15, 1998, pp. 3 ff.

[240] International Covenant on Civil and Political Rights, article 9.  Public health limitations on the right to be free from arbitrary detention must be carried out according to law and for an appropriate and narrowly defined purpose.

[241] U.N., " HIV/AIDS and Human Rights International Guidelines," paragraph 3.

[242] Universal Declaration of Human Rights, article 7.

[243] ICESCR, article 2; ICCPR, article 2.

[244] U.N., "HIV/AIDS and Human Rights International Guidelines," paragraph 5.

[245]Guanyu dui aizibing bingdu ganranzhe he aizibing bingren de guanli yijian [Opinions on the management of persons infected with HIV and AIDS patients], published by Ministry of Health, April 20, 1999.

[246] International Covenant on Civil and Political Rights, article 23.

[247] International Covenant on Civil and Political Rights, article 12.

[248] International Covenant on Economic, Social and Cultural Rights, article 13.

[249] U.N., "HIV/AIDS and Human Rights International Guidelines," paragraph 7.

[250] Ibid, paragraph 11.

[251] National Congress of the Communist Party of China, Constitution of the Communist Party of China, Amended and adopted at the Sixteenth National Congress of the Communist Party of China on November 14, 2002.  From Documents of the Sixteenth National Congress of the Communist Partyof China (2002) (Beijing: Foreign Languages Press, 2002), p. 82.  See p. 14 for a discussion of the term "socialist spiritual civilization."

[252] CCM, 2003 Proposal to the Global Fund, June 2003, p. 6. 

[253] National Center for HIV, STD and TB Prevention, Centers for Disease Control and Prevention, and U.S. Department of Health and Human Services; Report of an HIV/AIDS Assessment in China, July 30-August 10 and August 28-30, 2001, www.usembassy-china.org.cn/sandt/ptr/CDCAsssessment_prt.htm, retrieved May 14, 2003.

[254] Household registration, or hukou, is the system through which individuals register for all citizenship rights, including employment, education, residence and all state services.  For a discussion of hukou and human rights issuses of Chinese internal migrants without it, see Human Rights in China, Institutionalized Exclusion: The tenuous legal status of internal migrants in China's major cities (New York: November 2002).

[255] CCM, 2003 Proposal to the Global Fund, June 2003, "HIV/AIDS situation analysis," p. 6.

[256] Human Rights Watch interview with Officer Shang, Kunming, Yunnan, 2002.

[257] Human Rights Watch interview with Wu, Kunming, Yunnan, 2002.

[258] State Council, Methods for Forced Detoxification [Qiangzhi jiedu banfa], January 12, 1995.

[259] For more information on reeducation through labor, see "Reeducation through labor in China," http://www.hrw.org/campaigns/china-98/laojiao.htm.

[260] Human Rights Watch correspondence with Wang, legal expert, Beijing, 2003.

[261] State Council, Methods for Forced Detoxification [Qiangzhi jiedu banfa], article 7.

[262] State Council, Methods for Forced Detoxification, article 2.

[263] According to an information sheet on 626 distributed at the Kunming City Forced Detoxification Center, the medication consists of: "blood vine, small black medicine,hill full of fragrance, one cup fall over, bird that controls the rivers, and over twenty kinds of Chinese medicinal grasses and ethnic medicines."  

[264] A brochure distributed by the forced detoxification center claims that 626 has a "100 percent drug addiction dropping efficacy proved by clinical observation."  If it was tested on the grounds of the forced detoxification center, it is not clear whether participants in these trials were asked for their consent before participating in medical research.

[265] Human Rights Watch interview with Robin Y., Kunming, Yunnan, 2002.

[266] Human Rights Watch interview with Wen, Kunming, Yunnan, 2002.

[267] Human Rights Watch interview with Alex Z., Kunming,Yunnan, 2002.

[268] Joshuah Kurlantzick, "China's Drug Problem and Looming HIV Epidemic," World Policy Journal, Summer 2002, pp. 70-75;  p. 74.

[269] Human Rights Watch interview with Kong, Kunming, Yunnan, 2002.

[270] Human Rights Watch interview with Wu, Kunming, Yunnan, 2002.

[271] Human Rights Watch interview with Alex Z., Kunming, Yunnan, 2002.

[272] Human Rights Watch interview with Kong, Kunming, Yunnan, 2002.

[273] Human Rights Watch interview with Officer Shang, Kunming, Yunnan, 2002.

[274] Human Rights Watch interview with Xiao, Kunming, Yunnan, 2002.

[275] Human Rights Watch interview with Kong, Kunming, Yunnan, 2002.

[276] Human Rights Watch interview with Kong, Kunming, Yunnan, 2002.

[277] Human Rights Watch interview with Kong, Kunming, Yunnan, 2002.

[278] Human Rights Watch visit to Changpo, Yunnan, 2002.

[279] See, e.g., UNAIDS, WHO, U.S. Agency for International Development, and the U.S. Centers for Disease Control, "Guidelines for Using HIV Testing Technologies in Surveillance: Selection, Evaluation, Implementation," Geneva, 2001, pp. 4-5.  Available online at http://www.unaids.org/publications/documents/epidemiology/ surveillance/JC602-HIVSurvGuidel-E.pdf (retrieved June 25, 2003).

[280] Human Rights Watch interview with Officer Shang, Kunming, Yunnan, 2002.  Officer Shang pointed out that the fake diamonds made by male inmates looked convincing because each has fifty-seven facets.

[281] Human Rights Watch interview with Officer Shang, Kunming, Yunnan, 2002.

[282] Human Rights Watch interview with Officer Shang, Kunming, Yunnan, 2002.

[283] Human Rights Watch interview with Wu, Kunming, Yunnan, 2002.

[284] Human Rights Watch interview with Xiao, Kunming, Yunnan, 2002.

[285] Human Rights Watch interview with Officer Shang, Kunming, Yunnan, 2002.  The officer said that the unpaid labor is done to defray the balance of the costs of housing detainees, but individual accounts of this amount are not kept.

[286] Human Rights Watch interview with Kong, Kunming, Yunnan, 2002.

[287] CCM, 2003 Proposal to the Global Fund, June 2003, "HIV/AIDS situation analysis," p. 6.

[288] Human Rights Watch interview with Wen, Kunming, Yunnan, 2002.

[289] Human Rights Watch interview with Kong, Kunming, Yunnan, 2002.

[290] Human Rights Watch interview with Officer Shang, Kunming, Yunnan, 2002.

[291] International Covenant on Civil and Political Rights, article 9 (4).

[292] Human Rights Committee, General Comment 8, Article 9 (Sixteenth session, 1982), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI\GEN\1\Rev.1 at 8 (1994).

[293] Manfred Nowak, U.N. Covenant on Civil and Political Rights: CCPR Commentary, Arlington: N.P. Engel Publisher, 1993, p. 160.

[294] International Covenant on Civil and Political Rights, article 14 (1) and (2).

[295] International Covenant on Civil and Political Rights, article 14 (5).

[296] Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, G.A. res. 43/173, annex, 43 U.N. GAOR Supp. (No. 49) at 298, U.N. Doc. A/43/49 (1988), principle 11 (1).

[297] Human Rights Watch, Anthems of Defeat: Crackdown in Hunan Province, 1989-92 (New York: 1992); Human Rights Watch, Reeducation through labor in China,1998, www.hrw.org/campaigns/china-98/laojiao.htm;  Amnesty International, Torture: A growing scourge in China – time for action, Feb. 12, 2001, www.amnesty.ca/stoptorture/chinareport.pdf, retrieved August 14, 2003; in Chinese, see Amnesty's website for information on prison conditions, the use of torture and Chinese law at www.endtorture.org.

[298] CESCR General Comment 14, "The right to the highest attainable standard of health," paragraph 11.

[299] ICESCR, article 12.

[300] Basic Principles for the Treatment of Prisoners, article 9.

[301] Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, G.A. res. 43/173, annex, 43 U.N. GAOR Supp. (No. 49) at 298, U.N. Doc. A/43/49 (1988), paragraph 24.

[302] International Covenant on Civil and Political Rights, article 8 (1).

[303] ICCPR, article 8 (2).

[304] Basic Principles for the Treatment of Prisoners, article 8.

[305] International Labor Organization, Governing Body 284th Session, June 2002, posted at http://www.ilo.org/public/english/standards/relm/gb/docs/gb284/index.htm, retrieved August 14, 2003.

[306] "All Members, even if they have not ratified the Conventions in question, have an obligation arising from the very fact of membership in the Organization to respect, to promote and to realize, in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions, namely: (a) freedom of association and the effective recognition of the right to collective bargaining; (conventions 87 and 98) (b) the elimination of all forms of forced or compulsory labor; (conventions 29 and 105) (c) the effective abolition of child labor; (conventions 100 and 111) and (d) the elimination of discrimination in respect of employment and occupation (conventions 138 and 181). "  ILO Declaration on Fundamental Principles and Rights at Work, article 2, posted at http://www.ilo.org/public/english/standards/decl/declaration/text/, retrieved August 14, 2003.

[307] ILO Convention 29, article 12, posted at http://www.humanrightslebanon.org/Con29.htm, retrieved August 14, 2003.

[308] UNAIDS, HIV/AIDS: China's Titanic Peril, June 2002, p. 12.  In "unlinked" testing, the name of the person tested is never recorded with the test results.  Instead, the person tested is randomly assigned a number.

[309] See, e.g., UNAIDS, WHO, U.S. Agency for International Development, and the U.S. Centers for Disease Control, "Guidelines for Using HIV Testing Technologies in Surveillance: Selection, Evaluation, Implementation," Geneva, 2001, pp. 4-5.  Available online at http://www.unaids.org/publications/documents/epidemiology/ surveillance/JC602-HIVSurvGuidel-E.pdf (retrieved June 25, 2003).

[310] WHO, HIV/AIDS in Asia and the Pacific Region 2001, p. 42.

[311] CCM, 2003 Proposal to the Global Fund, June 2003, "HIV/AIDS Programme Capacity," p. 19.

[312] China CDC and U.S. CDC, "Joint HIV surveillance and laboratory assessment," (Beijing, China and Atlanta, U.S.A., 2002), p. iv.

[313] China CDC and U.S. CDC, "Joint HIV surveillance," p. 26.

[314] Ibid.

[315] See M.C. Pang, "Protective truthfulness: the Chinese way of safeguarding patients in informed treatment decisions,"  Journal of Medical Ethics, vol. 25, issue 3 247-253 (1999).  According to Pang, "In theChinese medical ethics tradition, refinement [jing] in skills and sincerity[cheng] in relating to patients are two cardinal virtues that health careprofessionals are required to possess. This notion of absolute sinceritycarries a strong sense of parental protectiveness. The empirical findingsreveal that most nurses are ambivalent about telling the truth to patients.Truth-telling would become an insincere act if a patient were to lose hopeand confidence in life after learning of his or her disease. In this systemof protective medical care, it is arguable as to whose interests are beingprotected: the patient, the family or the hospital. I would suggest thatthe interests of the hospital and the family members who legitimatelyrepresent the patient's interests are being honoured, but at the expense ofthe patient's right to know."

[316] Human Rights Watch interview with Tao, Ruili, Yunnan, 2002.

[317] Human Rights Watch interview with Alex Z., Kunming, Yunnan, 2002.

[318] Human Rights Watch interview with Cao, Kunming, Yunnan, 2002.

[319] Human Rights Watch interview with Zhang, Beijing, 2002.

[320] Human Rights Watch interview with Cao, Kunming, Yunnan, 2002.

[321]Human Rights Watch correspondence with Wang, legal expert, Beijing, 2003.

[322] Nick Young, "Chinese scholars call for AIDS rules based on respect for individual rights," Canadian HIV/AIDS Policy and Law Review vol 7.2/3 (December 2002).

[323]Beijingshi shishi aizibing jiance guanlide guiding [Beijing City regulations for the implementation and supervision of AIDS testing], ratified by Beijing People's Government, September 14, 1990, published by Health bureau, September 20, 1990, article 8.

[324]Shanghaishi aizibing fangzhi banfa [Shanghai City methods for AIDS prevention], publication no. 64 of the Shanghai people's government, December 30, 1998, article 15.

[325] "Xiangmu jieshao zhiyi: Aizibing guanhuan xiangmu [Introduction to one of the programs: The AIDS care program," Fenghuang Niepan [Phoenix Nirvana] no. 1 (Kunming: Daytop Center, 2002), p. 10.

[326] UNAIDS and WHO Working Group on Global HIV/AIDS and STI Surveillance, "Guidelines for Second Generation HIV Surveillance: Second Generation Surveillance for HIV: The Next Decade," 2000; p. 27.

[327] Commission on Human Rights, resolution 1997/33, "The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS)," paragraph 5.

[328] U.N., "HIV/AIDS and Human Rights International Guidelines," guideline 3,  paragraph 28(b).

[329] CESCR, General Comment no. 14, para. 8

[330]Aizibing jiance guanlide ruogan guiding [Certain Number of Regulations on AIDS supervision and management], State Council, January 14, 1988, article 21.

[331]Xingbing fangzhi guanli banfa [Methods for prevention and management of sexually transmitted diseases], Ministry of Health, Aug. 12, 1991, article 17.

[332]Guanyu dui aizibing bingdu ganranzhe he aizibing bingren de guanli yijian [Opinions on the management of persons infected with HIV and AIDS patients], published by Ministry of Health, April 20, 1999, item 3 (1) (2).

[333] Human Rights Watch interview with Ji, Kunming, Yunnan, 2002.

[334] U.S. Embassy-Beijing, "Recent Chinese Reports on HIV/AIDS and Sexually Transmitted Diseases,"  July 1, 2001, www.usembassy-china.org.cn/english/sandt/hivartic.html, accessed October 1, 2002.

[335] The term "nosocomial" refers to infections that take place in a hospital or other health facility.

[336] CCM, 2003 Proposal to the Global Fund, June 2003, p. 62.

[337] Li, "Xiao Lide gushi" [Li Junior's story], Zuihoude xuanzhan, p.172-3.

[338] Agence France Presse, "Hospital ordered to pay HIV family,", November 9, 2001.

[339] Mark O'Neill, "Widower wins payout for AIDS-tainted blood", South China Morning Post, June 4 2001.

[340] Human Rights Watch interview with Jack S., Beijing, 2002.

[341] Human Rights Watch interview with Zhang, Beijing, 2002.

[342] Human Rights Watch interview with Zhang, Beijing, 2002.

[343] Boxun news, "Bingren shoushu jing yao qian 'Shuxue ran aizi bu guan yiyuan shi' tongyi shu" [Surgery patients unexpectedly required to sign "Blood donors with AIDS transmission won't involve the hospital" agreements], Boxun.com, posted September 13, 2002, accessed September 13, 2002.

[344] "Infected with HIV by blood transfusion and hospital is not responsible? Authorities say details must be analyzed," China News Net, April 18, 2003, posted on http://china-aids.org/english/News/News074.htm, retrieved July 30, 2003.

[345] International Covenant on Economic, Social and Cultural Rights, article 12.

[346] CESCR General Comment 14, "The right to the highest attainable standard of health", paragraph 36.

[347] CESCR General Comment 14, paragraph 12 (d).

[348] UNAIDS, "HIV/AIDS and Human Rights International Guidelines," paragraph 28 (h) and (i).

[349] Zhang Tuohong, "Report on Health Staff/Patient Interaction and Interpersonal Communication in Poor Area", for UK Dept. of International Development, September 2002; page 12.

[350] Human Rights Watch interview with AIDS activist Zhang, Beijing, 2002; interview with hospital worker Tao, Yunnan, 2002; interview with social worker Yang, Kunming, 2002; interview with Kong, Kunming, 2002.

[351] CCM, 2003 Proposal to the Global Fund, June 2003, p. 19.

[352] Richard Harris, "SARS highlights need to address TB," Morning Edition, National Public Radio, June 6, 2003.

[353] CCM, 2003 Proposal to the Global Fund, June 2003, "Goal and expected impact," p. 30.

[354] Some scholars advocate for the use of less expensive measures to monitor treatment in developing countries, such as total lymphocyte count (TLC).  See T. Flanigan, A. Mahajan, N. Kumarasamy, K. Mayer, C. Carpenter, and S. Solomon, "Total Lymphocyte Count (TLC) as a Surrogate for CD4 Count to Initiate and Monitor HAART in Resource-Limited Countries."  Poster presentation, "Antiretroviral Chemotherapy in Resource Limited Settings," Ninth Conference on Retroviruses and Opportunistic Infections, Seattle, Washington, February 24-28, 2002.

[355] CD4 tests can be used for the management of opportunistic infections, though this does not appear to be the purpose here.

[356] Human Rights Watch interview with Alex Z., Kunming, Yunnan, 2002.

[357] People's Daily Online, "Few AIDS Patients in China Can Afford Standard Treatment", September 17, 2002, http://english.peopledaily.com.cn/200209/17/eng20020917_103354.shtml.  These numbers should be taken with a grain of salt:  the same article claims that there are only 200,000 HIV-positive people in China.

[358] CCM, 2003 Proposal to the Global Fund, June 2003, "HIV/AIDS situation," p. 18.

[359] BBC News, "China may break AIDS drug patents," September 6, 2002.

[360] AP, "China denies plans to make AIDS drugs," September 9, 2002.

[361] People's Daily, "Chinese, US Scientists Launch AIDS Treatment Study in South China," Oct. 23, 2002, http://english.peopledaily.com.cn.

[362] Francis Markus, "China to get cheaper AIDS drug", BBC, Aug. 16, 2002.

[363] Reuters, "China to Start AIDS Drug Mass-Production in January", Dec 30, 2002.

[364] Human Rights Watch interview with Tang, New York, 2003.

[365] Trizivirconsists of zidovudine, lamivudine and abacivir in a single pill that is taken twice daily.  People's Daily, "Chinese, US Scientists Launch AIDS Treatment Study in South China," http://english.peopledaily.com.cn, Oct. 23, 2002.

[366] Kaiser Daily HIV/AIDS report, October 22, 2002, www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=14165

[367] "Home-made AIDS drugs planned for Henan," South China Morning Post, January 28, 2003.

[368] Martin Fackler, "Chinese company distributes anti-AIDS 'cocktail'," Associated Press, January 28, 2003.
[369] The drugs reportedly included domestically-produced versions of AZT, DDI, D4T and MVT, or in some cases the imported drugs Stocrin and Combivir.  .  It is not clear whether patients given the drugs were warned in advance of possible side effects.  AFP,"China starts offering free AIDS drugs but lacks doctors to administer them", Jul 14, 2003.  Human Rights Watch spoke with one foreign public health expert familiar with the program who raised concerns about the lack of training of medical staff who were distributing the drugs (Human Rights Watch interview with Bai, New York, 2003).

[370] People's Daily Online, "Only 200 AIDS-sufferers Can Afford Regular Treatment."

[371] Personal communication by Yang, e-mail, April 2003.

[372] Guo Nei, "Health reform eases cash burden," China Daily, December 16, 2002.

[373] Human Rights Watch interview with Zhang, Beijing, 2002.  Human Rights Watch attempted to contact insurance agencies in Beijing but was not able confirm this allegation.

[374] Guo Nei, "Health reform..."

[375] Guo Nei, "Health reform…" and Zhang Feng, "Village health care to improve," China Daily, November 21, 2002.

[376] Zhang Feng, "Village health care to improve."

[377] State Administration of Traditional Chinese Medicine and Pharmacology, "Chinese Herbal Medicines," http://www.satcm.gov.cn/english_satcm/zhongyao.htm, retrieved on August 18, 2003.

[378] Sandra Hyde, "Sex Tourism", China Urban, p151.

[379] International Chinese Herbal Medicine Functional Research Center, "Introduction of our research center," http://www.herbaids.com/e-index.htm, retrieved August 18, 2003.  The center requests volunteer "AIDS cases" for medical trials, noting however that "the patient must be still alive."

[380] Human Rights Watch interview with Jack S., Beijing, 2002.  A Human Rights Watch researcher inspected the bottle.

[381] Ibid.

[382] Human Rights Watch interview with Jack S., Beijing, 2002.

[383] Personal communication with NGO worker Cho, Hong Kong, 2003.

[384]Human Rights Watch interview with Jack S., Beijing, 2002.  The numbers on the 100 ml. bottle of AiBeiKe were: zhizing biaojun [implementation standard]: Q/ZGB001-2000, pijun wenhao [approval number]: [2000] 0154.  A Human Rights Watch researcher inspected the bottle.

[385] Li, Zuihoude xuanzhan,  p. 19.

[386] In the U.S., transfusion of untested blood supplies in the 1980s facilitated the spread of HIV:  See Patricia D. Siplon, "Blood Policy in the Age of AIDS," in Patricia D. Siplon, AIDS and the Policy Struggle in the United States (Washington, D.C.: Georgetown University Press, 2002), pp. 42-66.  For an excellent narrative account of the growth of a grass-roots movement in the U.S. that among other things pushed for accountability for safety of blood supplies, see Randy Shilts, And the Band Played On: Politics, People and the AIDS Epidemic (New York: St. Martin's Press, 1987).  In France, nearly 2,000 people were infected with HIV through blood transfusions, leading to prison sentences for high-ranking officials:  see J.B. Brunet, "Contamination of blood by HIV in France: facts, controversies and impact on society," Annual Conference of the Australasia Society of HIV Medicine, vol. 5 no. 19, October 28-30, 1993.  In Ireland, many women were infected with Hepatitis C via "Anti-D" immuglobulin from the 1970s to 1990s: see "Tribunal report on outbreak of hepatitis C infection due to contaminated anti-D in Republic of Ireland sheds light on natural history of infection," Eurosurveillance Weekly, vol. 1 no. 4, 1997.  For a recent case in India, see DH News Service, "HIV-infected blood sold to patient," Deccan Herald, April 23, 2003.

[387] See especially Elisabeth Rosenthal's "Silent Plague" series in the New York Times: "Despite Law, China's H.I.V. Patients Suffer Bias", New York Times, January 14, 2003; "AIDS Scourge in Rural China Leaves Villages of Orphans", New York Times, August 25, 2002; "AIDS Patients in China Lack Effective Treatment", New York Times, November 12, 2001; "Blood and Tears: a Chinese Family's Ordeal in a Nation in Denial of AIDS", New York Times, September 16, 2001; "SILENT PLAGUE: A special report; Deadly Shadow Darkens Remote Chinese Village", New York Times, May 28, 2001; and "In Rural China, A Steep Price of Poverty: Dying of AIDS", New York Times, October 28, 2000.

[388] See http://www9.who.int/vaccines/Biologicals/Blood1.asp for WHO's listing of the wide range of biological products derived from plasma.  See also information on the history of industrial use of blood plasma at http://www.bloodbook.com/plasma-pool.html.  [From JC:  I saw one source on the web that estimated a $6.9 billion industry for one plasma-derived immunoglobulin protein alone, but I can't find it now.  You should be able to find something about the plasma industry that would give people a sense of what big business this is.]

[389] See, e.g., the explanation of collection of blood from individual donors by a major plasma commercialization corporation in the United States, PlasmaCares, at www.plasmacares.com.]

[390] Human Rights Watch interview with Cho, NGO worker, Hong Kong, 2003.

[391]Recent reports on HIV/AIDS and STDs in China, July 1, 2001, usembassy-china.org.cn/english/sandt/hivartic.htm, retrieved February 12, 2002.

[392] ibid

[393] He Aifang, Revealing the "Blood Wound" of the Spread of HIV/AIDS in Henan Province, November 28, 2000, www.useembassy-china.org.cn/english/sandt/henan-hiv.htm, retrieved Feb. 12, 2002; Wan Yanhai, Jiankang bao:  Henan renmin jiankangde zhexiubu [The Health Times: The fig leaf over the health of the people of Henan], January 30, 2001, http://www.aizhi.org/news/jkb2.htm, retrieved June 18, 2003; Zhongguo zhengfu he shehui dui aizibingde fanying [The negative response of China's government and society to AIDS], http://www.aizhi.org/shyx/aidsreaction.txt, retrieved June 18, 2003; Recent reports on HIV/AIDS and STDs in China, July 1, 2001, www.usembassy-china.org.cn/english/sandt/hivartic.htm, retrieved Feb. 12, 2002; Elisabeth Rosenthal, "Deadly shadow of AIDS darkens remote Chinese village," The New York Times,DATE 2001; Odilon Couzin, "Background Briefing: Denial in China," ABC Radio National, October 11, 2002.

[394] Agence France Presse, "Chinese village dying of AIDS neglected and left to rot," March 20, 2001.

[395] He Aifang, Revealing the "Blood Wound"…

[396] Ibid.

[397] Gao Yaojie, "My 'AIDS Prevention' Journey", May 1, 2001, http://iso.hrichina.org:8151/iso/article.adp?article_id=613&subcategory_id=10, retrieved May 21, 2002.

[398] Gao Yaojie, "My AIDS prevention journey."

[399] Agence France Presse, "Doctor fighting for Chinese AIDS victims banned from going to U.S.," May 29, 2001.

[400] DPA, "Illegal blood trading fueling HIV infections, China admits," August 23, 2001.

[401] Reuters, "China admits 'very serious' AIDS epidemic," August 23, 2001.

[402]Unofficial Translation of June 25 China AIDS Action Plan:  China's Action Plan for Reducing and Preventing the Spread of AIDS, 2001-2005, State Council Office document no. 2001-40, translated into English and posted on www.usembassy-china.org.cn/english/sandt, retrieved October 1, 2002.

[403] CCM, 2003 Proposal to the Global Fund, June 2003, p. 13.

[404] Ibid., p. 14.

[405] Ibid., p. 13.  Given the state's consistent minimization of the blood scandal, these percentages are probably underestimates.

[406]Xuezhan guanli banfa [Methods for the management of blood stations], Health department publication no. 2, September 21, 1998.

[407] State Council, China's National Medium and Long-term Strategic Plan for HIV/AIDS Prevention and Control (1998-2010), State Council Document GF (1998) 38, November 12, 1998, English translation, p. 1.

[408]Recent reports on HIV/AIDS and STDs in China…

[409] Raymond Li, "Compulsory blood donations to be phased out," South China Morning Post, November 5, 2001.

[410] Elisabeth Rosenthal, "Spread of AIDS in rural China ignites protests," The New York Times,December 11, 2001.

[411]  Steve Friess, "Enter the Dragon," POZ, December 2001, www.poz.com/archive/december2001/inside/enterthedragon.html, retrieved August 7, 2002; Odilon Couzin, "Background briefing: Denial in China," Australian Broadcasting Corporation Radio National, October 11, 2002.

[412] Peter S. Goodman, "In China, AIDS crisis is at the mercy of global commerce," Washington Post, December 5, 2002; Elisabeth Rosenthal, "AIDS patients in China lack effective treatment," The New York Times, November 12, 2001.

[413] Agence France-Presse, "Look after my son, pleads AIDS mother," October 18, 2002; Nicholas D. Kristof, "China's deadly cover-up," The New York Times, November 29, 2002.

[414] UNAIDS, HIV/AIDS: China's Titanic Peril, June 2002, p. 17.

[415] Agence France Presse, "Villagers Dying of AIDS Make Desperate Appeal for Help," Beijing, May 30, 2001.

[416] Wan Yanhai, "Mai xue chuanbo aizibing he guojia jimi [The transmission of AIDS through blood sales and national secrets]," Aizhi Action Project press release, December 28, 2002.

[417] Henan province health department, "Ma Jianzhong ren Henan weishengting dangzu shuji, tingzhang.  Liu Quanxi ren sheng renda jiaokewen wei gongzuoweiyuan hui fuzhuren [Ma Jianzong becomes Henan health department Party secretary, department director.  Liu Quanxi becomes deputy director of the provincial people's congress education, science and culture health work committee.]," press release, February 21, 2003.

[418] He Aifang, Revealing the "Blood Wound"…

[419]People's Daily, "Li Changchun-Politburo Standing Committee Member of CPC Central Committee," November 15, 2002.

[420] Mure Dickie, "Stringent new rules on AIDS proposed by China," Financial Times, August 15, 2003.

[421] Leu Sieu Ying and Bill Savadove, "WHO says mainland officials continue to hinder investigation", South China Morning Post, April 1, 2003; "China's efforts lead to decreasing SARS cases," People's Daily, April 3, 2003, http://english.peopledaily.com.cn, retrieved April 3, 2003.

[422] Hu Jia, "AIDS yu SARS:  Shijie weisheng zuzhi kaocha Henan aizibing cunzhuang jilu [AIDS and SARS:  Record of the World Health Organization investigation in Henan and an AIDS village crackdown]," electronic mail, May 26, 2002.

[423] Human Rights Watch, "China: Police violence against HIV-positive protestors escalates," July 9, 2003, http://www.hrw.org/press/2003/07/china070903.htm,

[424] The State Council, under the direction of Premier Wen Jiabao, could establish a commission of inquiry into the blood scandal.  The Chinese Communist Party should exert its influence to ensure this is done.  The Discipline Inspection Commission of the Communist Party of China has conducted numerous investigations into official corruption and illegal medicine production in the past five years, and could also be involved in an investigation into the blood scandal. 

[425] "Sixty-seven residents of Gongmin Town have been diagnosed with HIV/AIDS, including 25 who later died of the disease. All of the infections directly or indirectly resulted from the illegal sale of blood in the early 1990s in Central China's Henan Province."  China Daily, "First HIV/AIDS couple to wed," August 4, 2003.

[426] Human Rights Watch interview with Law, Hong Kong, 2003.

[427] "AIDS situation in second quarter of 2003," Virtual AIDS Office of Hong Kong, August 12, 2003, posted at http://www.info.gov.hk/aids/english/news.htm, retrieved on August 21, 2003.

[428] Human Rights Watch interview with Jenny W., Hong Kong, 2002.

[429] Human Rights Watch correspondence with Loretta Wong, 2003; Human Rights Watch interview with Ma, Hong Kong, 2003.

[430] Human Rights Watch correspondence with Loretta Wong, 2003.

[431] Concerns about this treatment policy have also been raised.  Loretta Wong of AIDS Concern notes, "The government provides health care services to those who have a Hong Kong ID card. Those who don't have to pay for the full cost. There are quite a number of people having AIDS (PHA) affected by the new policy, particularly HIV positive couples if the wife is from China" (Human Rights Watch correspondence with Loretta Wong, August 2003).

[432] Human Rights Watch interview with Barry Lee, Hong Kong, 2002.

[433] See the website of AIDS Concern, www.aidsconcern.org.hk (this site appears to be sometimes blocked in mainland China).  See also AIDS Concern's collection of anonymous narratives by Hong Kong people with AIDS and soup recipes collected from their home soup delivery service, Feichang song tang renwu [Extraordinary soup delivery mission], Hong Kong, 2001.

[434] Human Rights Watch interview with Alice Chan, CEO, Society for AIDS Care, Hong Kong, 2002.

[435] Equal Opportunities Commission, November 1999, "Report on Case Study of Kowloon Bay Health Centre"; EOC, January 25, 2002, "Richland Gardens Case Settled Out of Court" (press release); EOC, January 6, 2002, "Final Conclusion of Richland Gardens Case" (press release).

[436] Human Rights Watch interview with Alice Chan, chief executive officer, The Society for AIDS Care, Hong Kong, 2003.

[437] ibid.

[438] Human Rights Watch interview with Anna Wu Hung-yuk, chairperson, Equal Opportunities Commission, Hong Kong, 2003.

[439] Ibid.

[440] Human Rights Watch interview with Loretta Wong, deputy chief executive, AIDS Concern, Hong Kong, 2002; interview with Jenny W., Hong Kong, 2002; interview with Lili P., Hong Kong, 2003.  Anna Wu, chairperson of the EOC, responds that in a recent court case the EOC was able to obtain a court order protecting the identity of the plaintiffs, and suggested that courts might consider this more generally for plaintiffs who were HIV-positive (Human Rights Watch interview with Anna Wu, Hong Kong, 2003).

[441] Human Rights Watch interview with Lili P., Hong Kong, 2003; interview with Ma, Hong Kong, 2003.

[442] "Watchdogs are meant to have teeth", South China Morning Post, Feb. 11, 2003.

[443] Human Rights Watch interview with Ma, Hong Kong, 2003.

[444] Lili P., a Hong Kong PLWHA, reported that a friend who stayed in Queen Mary hospital towards the end of his life was neglected by medical staff.  In another case, Lili accompanied a friend who was mentally disabled to the emergency room and when the doctor learned of the patient's HIV status, "he dropped his pen and rushed off to wash his hands."  Human Rights Watch interview with Lili P., Hong Kong, 2003.

[445] Human Rights Watch interview with Anna Wu Hung-yuk, chairperson, Equal Opportunities Commission, Hong Kong, 2003.

[446] Human Rights Watch interview with Alice Chan, Hong Kong, 2003.

[447] Human Rights Watch interview with Barry Lee, Hong Kong, 2002.

[448] Human Rights Watch interview with Loretta Wong, Hong Kong, 2003.

[449] Disability Discrimination Ordinance, chapter 487, section 61 (2).

[450] Human Rights Watch interview with Anna Wu, Hong Kong, 2003.

[451] Human Rights Watch interview with Loretta Wong, Hong Kong, 2003.

[452] Human Rights Watch interview with Ma, Hong Kong, 2003.

[453] Human Rights Watch interview with Anna Wu, chairperson of EOC, Hong Kong, 2003.

[454] Human Rights Watch interview with Lili P., Hong Kong, 2003.

[455] O.C. Lin, "Community Efforts in Fighting Against Discrimination and Promoting Acceptance", Paper presented at Hong Kong AIDS Conference 2001, September 16, 2001.

[456] Human Rights Watch interview with Han, Kunming, Yunnan, 2002.

[457] Human Rights Watch interview with Barry Lee, Senior Service Officer, Hong Kong AIDS Foundation, Hong Kong, 2002; and Loretta Wong, deputy chief executive, AIDS Concern, Hong Kong, 2002.

[458] Chung To, presentation at Columbia University East Asian Institute, November 13, 2002.

[459] Human Rights Watch interview with Harry Z., Hong Kong, 2003.

[460] Human Rights Watch interview with Ma, Hong Kong, 2003.

[461] Wen Chihua, "No condoms, please, we're Chinese men," Pukaar, October 2002, issue 39.

[462] "East China Province Beefs Up AIDS Prevention," People's Daily, August 20, 2001.

[463] "AIDS-awareness drive as Shenzhen cases double," South China Morning Post, October 31, 2001.

[464] "Municipal government vows to provide more financial support and prevent discrimination against patients," Xinhua, December 3, 2001.

[465] Human Rights Watch interview, Kunming, Yunnan, 2002.

[466] Human Rights Watch interview, Kunming, Yunnan, 2002.

[467] Human Rights Watch electronic mail correspondence with UNICEF, 2002.

[468] Human Rights Watch interview with David Feingold, UNESCO consultant, New York, 2002.

[469] Human Rights Watch interview, Kunming, Yunnan, 2002.

[470] Human Rights Watch interview, Kunming, Yunnan, 2002.

[471] Human Rights Watch interview, Kunming, Yunnan, 2002.

[472] Chung To, presentation at Columbia University East Asian Institute, November 13, 2002.

[473] Human Rights Watch interview with Ma, Hong Kong, 2003.

[474] People with HIV/AIDS.

[475] Universal precautions are procedures for health workers that are designed to prevent the transmission of HIV and other bloodborne pathogens in the course of provision of health care or first aid. They are widely used in many countries and have reduced the need for isolation of patients with certain conditions. See U.S. Centers for Disease Control, "Guidelines for prevention of transmission of human immunodeficiency virus to health-care and public safety workers: A response to P.L. 100-607, the Health Omnibus Programs Extension Act of 1988," Morbidity and Mortality Weekly Review, vol. 38 (S-6), pp. 3-37, June 23, 1989. Available online at http://www.cdc.gov/mmwr/preview/mmwrhtml/00001450.htm (retrieved August 20, 2003)