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Human rights in China

Human rights in China are periodically reviewed by the United Nations Human Rights Committee (UNHRC),[1] on which the Chinese Communist Party (CCP), government of the People's Republic of China (PRC) and various foreign governments and human rights organizations have often disagreed. CCP and PRC authorities, their supporters, and other proponents claim that existing policies and enforcement measures are sufficient to guard against human rights abuses. However, other countries and their authorities (such as the United States Department of State, Global Affairs Canada, etc.), international non-governmental organizations (NGOs) including Human Rights in China and Amnesty International, and citizens, lawyers, and dissidents inside the country, state that the authorities in mainland China regularly sanction or organize such abuses.

Independent NGOs such as Amnesty International and Human Rights Watch, as well as foreign governmental institutions such as the U.S. State Department, regularly present evidence of the PRC violating the freedoms of speech, movement, and religion of its citizens and of others within its jurisdiction. Authorities in the PRC claim to define human rights differently, so as to include economic and social as well as political rights, all in relation to "national culture" and the level of development of the country.[2][3] Authorities in the PRC, referring to this definition, claim that human rights are being improved.[4] They do not, however, use the definition used by most countries and organizations. PRC politicians have repeatedly maintained that, according to the PRC Constitution, the "Four Cardinal Principles" supersede citizenship rights. PRC officials interpret the primacy of the Four Cardinal Principles as a legal basis for the arrest of people who the government says seek to overthrow the principles. Chinese nationals whom authorities perceive to be in compliance with these principles, on the other hand, are permitted by the PRC authorities to enjoy and exercise all the rights that come with citizenship of the PRC, provided they do not violate PRC laws in any other manner.

Numerous human rights groups have publicized human rights issues in mainland China that they consider the government to be mishandling, including: the death penalty (capital punishment), the one-child policy (in which China had made exceptions for ethnic minorities prior to abolishing it in 2015), the political and legal status of Tibet, and neglect of freedom of the press in mainland China. Other areas of concern include the lack of legal recognition of human rights and the lack of an independent judiciary, rule of law, and due process. Further issues raised in regard to human rights include the severe lack of worker's rights (in particular the hukou system which restricts migrant labourers' freedom of movement), the absence of labour unions independent of the CCP,[5][6] the implementation of Social Credit System and its blacklist, which serve to restrict a person and their family members' rights,[7][8] and allegations of discrimination against rural workers and ethnic minorities, as well as the lack of religious freedom – rights groups have highlighted repression of the Christian,[9][10][11][12][13][14] Tibetan Buddhist, Uyghur Muslim, and Falun Gong religious groups. Some Chinese activist groups are trying to expand these freedoms, including Human Rights in China, Chinese Human Rights Defenders, and the China Human Rights Lawyers Concern Group. Chinese human rights attorneys who take on cases related to these issues, however, often face harassment, disbarment, and arrest.[15][16]

According to the Amnesty International report from 2016/2017 the government continued to draft and enact a series of new national security laws that presented serious threats to the protection of human rights. The nationwide crackdown on human rights lawyers and activists continued throughout the year. Activists and human rights defenders continued to be systematically subjected to monitoring, harassment, intimidation, arrest and detention.[17] The report continues that police detained increasing numbers of human rights defenders outside of formal detention facilities, sometimes without access to a lawyer for long periods, exposing the detainees to the risk of torture and other ill-treatment. Booksellers, publishers, activists and a journalist who went missing in neighboring countries in 2015 and 2016 turned up at detention in China, causing concerns about China's law enforcement agencies acting outside their jurisdiction.[17] In June 2020, nearly 50 UN independent experts raised wide-ranging concerns over the repression of “fundamental freedoms” by the Chinese government. They highlighted the collective repression of the population, especially religious and ethnic minorities, to the detention of lawyers, prosecution and human rights defenders. They also denounced "impunity for excessive use of force by police, the alleged use of chemical agents against protesters, the alleged sexual harassment and assault of women protesters in police stations, and the alleged harassment of health care workers".[18]

Legal system

Since the legal reforms of the late 1970s and 1980s, the CCP has officially moved to embrace the language of the rule of law and to establish a modern court system. In the process, it has enacted thousands of new laws and regulations, and has begun training more legal professionals.[15] The concept of 'rule of law' has been emphasized in the constitution, and the ruling party has embarked on campaigns to promote the idea that citizens have protection under the law. At the same time, however, a fundamental contradiction exists in the constitution itself, in which the Communist Party insists that its authority supersedes that of the law.[19] Thus, the constitution enshrines the rule of law, yet simultaneously stresses the principle that the 'leadership of the Communist Party' holds primacy over the law. Even some Chinese themselves have only a vague conception of the priority of the CCP leadership over constitutional and legal authority.

The judiciary is not independent of the Communist Party, and judges face political pressure; in many instances, private party committees dictate the outcome of cases.[20] In this way, the CCP effectively controls the judiciary through its influence.[15] This influence has produced a system often described as 'rule by law' (alluding to the CCP's power), rather than rule of law.[21] Moreover, the legal system lacks protections for civil rights, and often fails to uphold due process.[22] This is opposed to a system of checks and balances or separation of powers.

Foreign experts estimate that in 2000, there were between 1.5 million and 4 million people in prison in mainland China. The PRC does not allow outsiders to inspect the penal system.[23]

Civil liberties

Freedom of speech

 
Political protest in Hong Kong against the detention of Chinese Nobel Peace Prize laureate Liu Xiaobo.

Although the 1982 constitution guarantees freedom of speech,[24] the Chinese government often uses the "subversion of state power" and "protection of state secrets" clauses in their law system to imprison those who criticize the government.[25] Another crime used to jail critics such as Sun Dawu is "picking quarrels and provoking trouble".

During the 2008 Summer Olympics, the government promised to issue permits authorizing people to protest in specifically designated "protest parks" in Beijing.[26] However, a majority of the applications were withdrawn, suspended, or vetoed,[27] and the police detained some of the people who applied.[28]

References to certain controversial events and political movements, as well as access to web pages considered by the PRC authorities to be "dangerous" or "threatening to state security", are blocked on the internet in the PRC; and content disputed by or critical of PRC authorities is absent from many publications, and subject to the control of the CCP within mainland China.[29] Laws in the People's Republic of China forbid the advocacy of separation of any part of its claimed territory from mainland China, or public challenge to the CCP's domination of the government of China.[citation needed] An unsanctioned protest during the Olympics by seven foreign activists at the China Nationalities Museum, protesting for a free Tibet and blocking the entrance, was cleared[30] and the protesters deported.[31]

Foreign Internet search engines including Microsoft Bing, Yahoo!, and Google China have come under criticism for aiding these practices. Yahoo!, in particular, stated that it will not protect the privacy and confidentiality of its Chinese customers from the authorities.[32]

In 2005, after Yahoo! China provided its personal emails and IP addresses to the Chinese government, reporter Shi Tao was sentenced to imprisonment for ten years for releasing an internal Communist Party document to an overseas Chinese democracy site.[33] Skype president Josh Silverman said it was "common knowledge" that TOM Online had "established procedures to...block instant messages containing certain words deemed offensive by the Chinese authorities".[34] In June 2020, the European Union demanded an immediate release of Yu Wensheng, who after two years in detention, was sentenced on charges of “inciting subversion of state power”, for writing an open letter demanding constitutional reforms.[35]

 
Chinese blogger and human rights activist Wu Gan was sentenced to 8 years in prison in December 2017

On 24 July 2020, the CCP expelled an outspoken and influential property tycoon, Ren Zhiqiang, who denounced the country's authoritarian leader, CCP general secretary Xi Jinping. He went missing in March after criticizing Xi, and later his case was passed to the judiciary system for criminal investigation.[36]

On 29 July 2020, the Chinese government begun applying the new National Security Law to suppress peaceful speech, curtail academic freedom, and generate a chilling effect on the fundamental freedoms in Hong Kong.[37]

On 11 August 2020, Human Rights Watch demanded Chinese authorities on the basis of security law to immediately release the 10 democracy supporters and activists arrested on 10 August and drop all vague “national security” charges imposed on them.[38]

In June 2020, Cai Xia, a retired professor of CCP's Central Party School, criticized Xi Jinping, the General Secretary of the CCP, called him a "mafia boss" and the ruling Communist Party a "political zombie". In a 20-minute audio on social networking sites, she said that everyone is Xi's slave, and there is no human rights and rule of law, She suggested that Xi should retire.[39] On 17 August 2020, Cai Xia was expelled from the CCP's Central Party School and her retirement pensions were cancelled.[40]

Freedom of speech during Coronavirus crisis of 2020

During the Coronavirus crisis of 2020, the PRC is reported to have suppressed the news of the virus and also attempted to downplay and under report deaths. There are reports of detentions, assaults, torture and disappearances of whistleblowers including activists, doctors, lawyers, students and businessmen who created and uploaded videos of overburdened hospitals and high number of deaths.[41]
Some of these whistleblowers were:

  • Li Wenliang, a Chinese medical doctor who worked at Wuhan Central Hospital and issued emergency warnings to other hospitals and doctors about the new disease. He was arrested and accused of "making false comments" that had "severely disturbed the social order".[42][43]
  • Fang Bin, a Chinese businessman, citizen journalist and whistleblower who broadcast images of Wuhan during the Coronavirus crisis. He has been missing since 9 February 2020.[41][44]
  • Chen Qiushi, a Chinese lawyer, activist, and citizen journalist who covered the 2019–20 Hong Kong protests and the COVID-19 pandemic and has been missing since 6 February 2020[needs update].[41]
  • Li Zehua, a Chinese citizen journalist, rapper and YouTuber who was trying to trace missing lawyer and citizen journalist Chen Qiushi. He has been missing since 26 February 2020[needs update].[45][46]
  • Chen Mei and El amogid Wei, activists who were sharing censored articles about the coronavirus outbreak on an online archive, have been noncontactable since 19 April 2020[47]
  • Li-Meng Yan, a Hong Kong virologist and whistleblower had to escape to the US, after she found large scale cover ups of the pandemic by Chinese authorities. She said that if she told her story of the coverup in China, she "will be disappeared and killed."[48]
  • Independent journalist Zhang Zhan was served a four-year prison sentence for "picking quarrels and provoking troubles," a charge she received after she flew to Wuhan following the COVID-19 outbreak. At the time, she knew she was risking her own safety and arrest, but she wanted to learn more about the COVID-19 situation and share her findings with others.[49]

Freedom of the press

Critics argue that the CCP has failed to live up to its promises about the freedom of the mainland Chinese media. Freedom House consistently ranks China as 'Not Free'[50][51] in its annual press freedom survey, including the 2014 report. PRC journalist He Qinglian says that the PRC's media are controlled by directives from the Communist Party's propaganda department, and are subjected to intense monitoring which threatens punishment for violators, rather than to pre-publication censorship.[52] In 2008, ITV News reporter John Ray was arrested while covering a 'Free Tibet' protest.[30][53] International media coverage of Tibetan protests only a few months before the Beijing Olympics in 2008 triggered a strong reaction inside China. Chinese media practitioners took the opportunity to argue with propaganda authorities for more media freedom:[54] one journalist asked, 'If not even Chinese journalists are allowed to report about the problems in Tibet, how can foreign journalists know about the Chinese perspective about the events?'[55] Foreign journalists also reported that their access to certain websites, including those of human rights organizations, was restricted.[56][57] International Olympic Committee president Jacques Rogge stated at the end of the 2008 Olympic Games that 'The regulations [governing foreign media freedom during the Olympics] might not be perfect but they are a sea-change compared to the situation before. We hope that they will continue.'[58] The Foreign Correspondents Club of China (FCCC) issued a statement during the Olympics that 'despite welcome progress in terms of accessibility and the number of press conferences within the Olympic facilities, the FCCC has been alarmed at the use of violence, intimidation and harassment outside. The club has confirmed more than 30 cases of reporting interference since the formal opening of the Olympic media center on 25 July, and is checking at least 20 other reported incidents.'[59]

Since the Chinese state continues to exert a considerable amount of control over media, public support for domestic reporting has come as a surprise to many observers.[54] Not much is known about the extent to which the Chinese citizenry believe the official statements of the CCP, nor about which media sources they perceive as credible and why. So far, research on the media in China has focused on the changing relationship between media outlets and the state during the reform era.[54] Nor is much known about how China's changing media environment has affected the government's ability to persuade media audiences.[54] Research on political trust reveals that exposure to the media correlates positively with support for the government in some instances, and negatively in others. The research has been cited as evidence that the Chinese public believes propaganda transmitted to them through the news media, but also that they disbelieve it.[60][61] These contradictory results can be explained by realizing that ordinary citizens consider media sources to be credible to a greater or lesser degree, depending on the extent to which media outlets have undergone reform.[54]

In 2012 the UN High Commissioner for Human Rights urged the Chinese government to lift restrictions on media access to the region and allow independent and impartial monitors to visit and assess conditions in Tibet.[62] The Chinese government did not change its position.

In March 2020, China expelled employees of The New York Times, The Washington Post, and The Wall Street Journal in response to U.S. treatment of state-owned Chinese media as employees of the Chinese government, requiring approval similar to diplomatic employees.[63]

China has periodically deported foreign journalists before. Ursula Gauthier, a journalist from France working for the media organization L'Obs, was sent back to France after she commented on China's response to the Paris attacks that happened in November 2015. She noted that China's sympathetic stance wasn't "without ulterior motives."[64]

Gauthier had previously reported on China's treatment of the Uyghur ethnic group, many of whom believe in Islam. China often accuses Uyghur people of terrorism and has set up a system of camps, which they claim are "vocational training centers."[65] However, those who have lived through the camps allege that the authorities torture, rape, and sexually abuse the prisoners as well as force them into unpaid labor and sterilize the women.[66] Moreover, many experts and foreign policymakers consider the detentions arbitrary rather than linked to provable terrorist charges.[67] As such, journalists such as Gauthier have been critical of China's actions.

At the time of Gauthier's expulsion, she was the first journalist to be deported since China expelled Melissa Chan from Al Jazeera in 2015. Chan had reported on China's "black jails" and government land confiscation. Of her deportation, China Global Television Network's Yang Rui wrote, "We should shut up those who demonize China and send them packing," according to The Wall Street Journal.[68]

Information hyper-control

The 2020 World Press Freedom Index, compiled by Reporters Without Borders (RSF), shows that China is the world's biggest jailer of journalists. Mainland China, which is trying to establish a “new world media order,” maintains its system of information hyper-control, of which the negative effects for the entire world have been seen during the coronavirus public health crisis. It states that the PRC never stops enhancing its system of information hyper-control and persecution of dissident journalists and bloggers, and that further evidence of this came in February 2020, when it arrested two of its citizens for taking it upon themselves to cover the coronavirus crisis. The world's biggest jailer of journalists, China is currently holding around 100, of whom the vast majority are Uyghurs.[69]

On 29 May 2022, the U.S. expressed concern over China's "efforts to restrict and manipulate" the UN human rights chief's visit to the Xinjiang region. The conditions imposed by the Beijing authorities on Michelle Bachelet’s visit, did not enable a complete and independent assessment of the human rights environment in China.[70]

Freedom of the Internet

More than sixty Internet regulations exist in mainland China and serve to monitor and control internet publication. These policies are implemented by provincial branches of state-owned Internet service providers, companies, and organizations.[71][72] The apparatus of the PRC's and/or CCP's Internet control is considered more extensive and more advanced than in any other country in the world. The Golden Shield includes the ability to monitor online chatting services and mail, identifying IPs and all of the person's previous communication, and then being able to lock in on the person's location—because a person will usually use the computer at home or at work – which enables the arrest to be carried out.[73] Amnesty International notes that China "has the largest recorded number of imprisoned journalists and cyber-dissidents in the world"[74] and Paris-based Reporters Without Borders stated in 2010 and 2012 that "China is the world's biggest prison for netizens."[75][76]

As an example of the censorship, in 2013, 24 years after the 1989 Tiananmen Square protests and massacre, online searches for the term 'Tiananmen Square' were still censored by Chinese authorities.[77] According to the Amnesty International report the controls on the Internet, mass media and academia were significantly strengthened. For instance, Google, YouTube, Facebook and Wikipedia are banned in mainland China.[78][79][80][81] Repression of religious activities outside of direct state control increased.[17]

Hukou system

The CCP came to power in the late 1940s and instituted a command economy. In 1958, Mao Zedong, the Chairman of the Chinese Communist Party, adopted a residency permit system defining where people could work, and classified workers as rural or urban.[82][83][84] In this system, a worker who was seeking to move from the country to an urban area in order to take up non-agricultural work would have to apply for permission to do so through the relevant bureaucratic institutions. There is uncertainty, however, as to how strictly the system has been enforced. People who worked outside the region in which they were registered would not qualify for grain rations, employer-provided housing, or health care.[83] There were controls over education, employment, marriage and other areas of life.[82] One reason which was cited for the instituting of this system was the desire to prevent the possible chaos which would be caused by predictable large-scale urbanization.[85] As a part of the one country, two systems policy which was proposed by Deng Xiaoping and accepted by the British and Portuguese governments, the special administrative regions (SARs) of Hong Kong and Macau retained separate border control and immigration policies with the rest of the PRC. Chinese nationals had to gain permission from the government before they were allowed to travel to Hong Kong or Macau, but this requirement was officially abolished for each SAR after its respective handover. Since then, restrictions which have been imposed by the SAR governments have been the main factors which limit travel.

In 2000 The Washington Times reported that although migrant labourers play a major role in spreading wealth in Chinese villages, they are treated 'like second-class citizens by a system which is so discriminatory that it has been likened to apartheid.'[86] Anita Chan also posits that the People's Republic of China's household registration and temporary residence permit system has created a situation which is analogous to the passbook system that was implemented in South Africa in order to control the supply and actions of cheap labourers[87] from underprivileged ethnic groups, as well as to control the quality and quantity of such labourers. In 2000, the Tibetan Centre for Human Rights and Democracy alleged that people of Han descent in Tibet have a far easier time acquiring the necessary permits to live in urban areas than ethnic Tibetans do.[88]

Abolition of this policy has been proposed in 11 provinces, mainly along the developed eastern coast. After a widely publicized incident in 2003, when a university-educated migrant died in Guangdong province, the law was changed in order to eliminate the possibility of summary arrest for migrant labourers. The Beijing law lecturer who exposed the incident said it spelt the end of the hukou system: he believed that in most smaller cities, the system had been abandoned, and it had 'almost lost its function' in big cities like Beijing and Shanghai.[89]

Treatment of rural workers

In November 2005, Jiang Wenran, acting director of the China Institute at the University of Alberta, said that the hukou system was one of the most strictly enforced apartheid structures in modern world history.[90] He stated, 'Urban dwellers enjoy a range of social, economic and cultural benefits while peasants, the majority of the Chinese population, are treated like second-class citizens.'[90]

The discrimination which was enforced by the hukou system became particularly onerous in the 1980s after hundreds of millions of migrant workers were forced out of state corporations, co-operatives and other institutions.[91] Attempts to move to urban centers by workers who were classified as rural workers were tightly controlled by the Chinese bureaucracy, which enforced its control by denying them access to essential goods and services such as grain rations, housing, and health care,[83] and regularly closing down migrant workers' private schools.[91] The hukou system also enforced pass laws which have been compared to those which existed in apartheid South Africa.[82][92][84][93][87][94][95][96] Rural workers who wanted to work in provinces other than their own were required to possess six passes,[91] and the police periodically conducted raids in which they rounded up those workers who were without permits, placed them in detention centers for a short period of time, and then deported them.[94] It is also found that rural workers have been paid under minimum wage to nothing at all. A group of coal miners in Shuangyashan were being paid little to nothing. With the families and people whom they had to care for, each and every one of the workers protested for the money that they deserved.[97] As in South Africa, the restrictions placed on the mobility of migrant workers were pervasive,[91] and transient workers were forced to live a precarious existence in company dormitories or shanty towns, suffering abusive consequences.[87] Anita Chan comments further that China's household registration and temporary residence permit system has created a situation analogous to the passbook system in apartheid South Africa, which were designed to regulate the supply of cheap labor.

The Chinese Ministry of Public Security has justified these practices on the grounds that they have assisted the police in tracking down criminals and maintaining public order, and they have also provided demographic data for government planning and programs.[98]

Freedom of association

The People's Republic of China does not allow freedom of association in general; in particular, it does not allow a free choice of membership with trade unions and political parties. Under the Universal Declaration of Human Rights (UDHR), articles 20 and 23, every worker has the right to join an association of their choosing, to have their interests represented against their employer, and to take collective action including the right to strike. In China, on a model similar to the Deutsche Arbeitsfront from 1934 to 1945 in Germany, the All-China Federation of Trade Unions has a monopoly on union activity: it is effectively a nationalized organization. This dynamic violates International Labour Organization Conventions Number 87 and 98 on freedom of association and collective bargaining. The leadership of the ACFTU is not freely elected by its members, and it is not independent from the state or employers.[citation needed]

The CCP effectively monopolizes organized political activity in China. There is, therefore, no possibility of genuine electoral competition at any level of government, nor within the Party itself. This violates the UDHR article 21(1), which states, 'Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.'

Religious freedom

During the Cultural Revolution (1966–1976), particularly during the Destruction of the Four Olds campaign, religious affairs of all types were persecuted, renunciated and strongly discouraged by Chairman Mao Zedong's government and its ideological allies. Many religious buildings were looted or destroyed. Since then, there have been efforts to repair, reconstruct and protect historical and cultural religious sites.[99] In its International Religious Freedom Report for 2013, the US Department of State criticized the PRC as follows:

The government’s respect for and protection of the right to religious freedom fell well short of its international human rights commitments. (...) The government harassed, detained, arrested, or sentenced to prison a number of religious adherents for activities reported to be related to their religious beliefs and practices. These activities included assembling for religious worship, expressing religious beliefs in public and in private, and publishing religious texts. There were also reports of physical abuse and torture in detention.[100]

The 1982 Constitution provides its citizens the right to believe in any religion, as well as the right to refrain from doing so:

Citizens of the People's Republic of China enjoy freedom of religious belief. No state organization, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination.[101]

Members of the Communist Party are officially required to be atheists,[102] but this rule is not regularly enforced and many party members privately engage in religious activities.[103] Global studies from Pew Research Center in 2014 and 2017 ranked the Chinese government's restrictions on religion as among the highest in the world, despite low to moderate rankings for religious-related social hostilities in the country.[104][105]

Christianity

The Chinese government tries to maintain tight control over all organized religion, including Christianity. The only legal Christian groups are the Three-Self Patriotic Movement and the Chinese Patriotic Catholic Association, the latter of which has been condemned by the Pope.[106] Both of these groups are under the control of the CCP. The members of the illegal, underground Catholic church and members of Protestant house churches face prosecution from PRC authorities.[107][108]

In 2007, the Chinese Patriotic Catholic Association elected a Catholic bishop of Beijing to replace the deceased Fu Tieshan.[109] The standard Catholic practice is for a bishop to be appointed by the Pope;[110] the Catholic Church does not recognize the legitimacy of bishops elected by the Association, but not appointed by the Pope.[106] According to Pope Benedict XVI, the Catholic Church in particular is viewed in China as a foreign power. Its situation is somewhat analogous to that of the Catholic Church in Post-Reformation England, in which the official church was also controlled by the state.[107][111]

In early January 2018, Chinese authorities in Shanxi province demolished a church, which created a wave of fear among the Christians.[112][113] In reports of countries with the strongest anti-Christian persecution, China was ranked by the Open Doors organization in 2019 as the 27th most severe country[104][105] and in 2020 as 23rd most severe.[114]

 
Tibet Buddhist Shrine

Tibetan Buddhism

The Dalai Lama is a highly influential figure in Tibetan Buddhism, who has traditionally lived in Tibet. Because of Chinese governmental control over the Tibetan area, the current Dalai Lama resides in Dharamshala, Himachal Pradesh, in the Republic of India. In a regulation promulgated 3 August 2007, the Chinese government declared that after 1 September 2007, "[no] living Buddha [may be reincarnated] without government approval, since the Qing dynasty, when the live Buddha system was established."[115][better source needed] The PRC Government-appointed Panchen Lama is labelled a fake[116] by those who regard the PRC's effort to control organized religion as contradictory to the Universal Declaration of Human Rights and other ethical principles.

Examples of the political controls exercised over religion in 1998 include:[117]

  • quotas on the number of monks to reduce the spiritual population
  • forced denunciation of the Dalai Lama as a spiritual leader
  • the expulsion of unapproved monks from monasteries
  • forced recitation of patriotic scripts supporting China
  • restriction of religious study before age 18

Monks celebrating the reception of the US Congressional Gold Medal[118] by the Dalai Lama have been detained by the PRC.[119] In November 2012 the United Nations Human Rights Commissioner urged the PRC to address the allegations of rights violations in Tibet; the violations had led to an alarming escalation of 'desperate' forms of protest in the region, including self-immolations.[62] Amnesty International report reports that Xinjiang Uighur Autonomous Region and in Tibetan-populated areas.[120]

Uyghurs

Article 36 of the PRC Constitution provides constitutional protection for citizens’ freedom of religion and the country's official ethnic policies also reiterate protection of the freedom of religion of ethnic minorities, but in practice the Uyghur population, predominantly living in the Xinjiang Uyghur Autonomous Region, are subject to strict controls on the practice of Islam.[121]

Examples of these restrictions now include:

  • Official religious practices must be held in government-approved mosques
  • Uyghurs under 18 years old are not allowed to enter mosques or pray in school
  • The study of religious texts is only permitted in designated state schools
  • Government informers regularly attend religious gatherings in mosques
  • Women are not allowed to wear headscarves and veils and men are not allowed to have beards
  • The use of traditionally Islamic names (e.g., Abdul), is banned

Since the September 11 attacks in 2001, Chinese counter-terror legislation has made explicit links between religion and extremism and has led to regulations that explicitly ban religious expression among Uyghurs in particular.

Since 2017, reports have surfaced that around a million Muslims (Uyghur Chinese citizens and some Central Asian nationals) were detained in internment camps throughout Xinjiang without trial or access to a lawyer.[122] In these camps they were allegedly 're-educated' to disavow their Islamic beliefs and habitats while praising the Communist Party. The camps have expanded rapidly, with almost no judicial process or legal paperwork.[122] Chinese officials are quoted in state media as saying that these measures are to fight separatism and Islamic extremism.[123][124][125][126] Critics of the policy have described it as the sinicization of Xinjiang and called it an ethnocide or cultural genocide,[125][127][128][129][130][131] with many activists, NGOs, human rights experts, government officials, and the U.S. government calling it a genocide.[132][133][134][135][136][137][138][139]

New bans and regulations were implemented on 1 April 2017. Abnormally long beards and wearing veils in public were both banned.[140] Not watching state-run television or listening to radio broadcasts, refusing to abide by family planning policies, or refusing to allow one's children to attend state-run schools were all prohibited.[140] Giving a child a name that would "exaggerate religious fervor," such as Muhammad, was made illegal. Along with this, many mosques were demolished or destroyed.[140]

According to Radio Free Asia, the Chinese government jailed Uyghur Imam Abduheber Ahmet after he took his son to a religious school not sanctioned by the Chinese state. Ahmet had previously been lauded by China as a "five-star" imam but was sentenced in 2018 to over five years in prison for his action.[141]

Also in 2018, over one million Chinese government workers began forcibly living in the homes of Uyghur families to monitor and assess resistance to assimilation, and to watch for frowned-upon religious or cultural practices.[142][143] These government workers were trained to call themselves "relatives" and have been described in Chinese state media as being a key part of enhancing "ethnic unity".[142]

In addition, records of the government indicate that thousands of Uighur children have been separated from their parents.[144] New evidence shows that over 9,500 children in Yarkand county had at least one parent detained, most of them are Uighur children.[144] According to the researcher Adrian Zenz, in 2019, the number of children living in boarding facilities increased by 76%, reaching a total of 880,500 children.[144]

In March 2020, the Chinese government was found to be using the Uyghur minority for forced labor, inside sweat shops. According to a report published then by the Australian Strategic Policy Institute (ASPI), no fewer than around 80,000 Uyghurs were forcibly removed from the region of Xinjiang and used for forced labor in at least twenty-seven corporate factories.[145] According to the Business and Human Rights resource center, corporations such as Abercrombie & Fitch, Adidas, Amazon, Apple, BMW, Fila, Gap, H&M, Inditex, Marks & Spencer, Nike, North Face, Puma, PVH, Samsung, and UNIQLO have sourced from these factories prior to the publication of the ASPI report.[146]

On 19 July 2020, British Foreign Secretary Dominic Raab accused the PRC of "gross and egregious" human rights abuses against its Uyghur population. He added that while Britain wanted good relations with China, it could not stand by the reports of forced sterilization and mass education camps targeting the Uyghur population in Xinjiang. It is believed that up to a million Uyghur people have been detained over the past few years in what the Chinese state defines as "re-education camps".[147]

On 24 July 2020, two Members of the European Parliament, Hilde Vautmans and Katalin Cseh, wrote a letter to Josep Borrell Fontelles, the vice-president of the European Commission, urging him to punish mainland China for violating the human rights of its Uyghur population and Hong Kong citizens. They also stated to enact EU Magnitsky Act in order to sanction the leaders who committed these human rights violations.[148]

On 28 July 2020, a report documented that the US government and several activist groups mounted pressure on global businesses to reexamine and cut ties with China's Xinjiang region, where allegations of human rights violations have run rampant for years. The Uyghurs and other Muslim minority groups in the region have been imprisoned in internment camps and are forced to work.[149] On 31 August 2020, human rights campaigners requested the US authorities to ban all imports of cotton from the Chinese province of Xinjiang, due to allegations of widespread forced labour. The documents cited substantial evidence that the Uighur community and other minority groups in China were being press-ganged into working in the region's cotton fields.[150]

On 10 October 2020, the UK shadow foreign secretary, Lisa Nandy urged Britain to block China’s seat on the United Nations Human Rights Council over the country’s treatment of Uyghur Muslims.[151]

On 19 January 2021, outgoing Secretary of State Mike Pompeo formally declared that China is committing a genocide against the Uighurs and crimes against humanity. In a written letter, Pompeo wrote, “I believe this genocide is ongoing, and that we are witnessing the systematic attempt to destroy Uyghurs by the Chinese party-state.”[152] Pompeo called for “all appropriate multilateral and relevant juridical bodies, to join the United States in our effort to promote accountability for those responsible for these atrocities."[153] China strongly denies that human rights abuses are going on in Xinjiang.[152] Pompeo has previously stated that China is trying to "erase its own citizens."[154]

In 2021, independent sources reported that Uyghur women in China's internment camps have been systematically raped, sexually abused and tortured.[155] Victims said there is a system of organized rape.[155] The Chinese police also electrocute and torture them.[155] There is planned dehumanization, sterilization and torture.[155] China has undertaken a deliberate campaign to weaken and eradicate any vestiges of Uighur culture, employing measures such as curtailing religious liberties and enforcing assimilation. Detainees have recounted experiences of being coerced to abandon their beliefs and swear allegiance to the CCP using methods reminiscent of psychological manipulation.[156]

On 16 August 2021, a young Chinese woman, named Wu Huan, told the Associated Press in her testimony that she was allegedly held for eight days at a Chinese-run secret detention facility in the United Arab Emirates, along with two other Uyghurs. Wu Huan said she was abducted from a hotel in Dubai and detained by Chinese officials at a villa converted into a jail. It was the first evidence that China was operating a “black site” beyond its borders.[157]

On 31 August 2022, the UN Human Rights Office issued an assessment of human rights concerns in Xinjiang Uyghur Autonomous Region. The report published in the wake of the visit by UN High Commissioner of Human Rights, Michelle Bachelet, stated that “allegations of patterns of torture, or ill-treatment, including forced medical treatment and adverse conditions of detention, are credible, as are allegations of individual incidents of sexual and gender-based violence.”[158]

Falun Gong

Following a period of meteoric growth of Falun Gong in the 1990s, the Communist Party led by General Secretary Jiang Zemin banned Falun Gong on 20 July 1999. An extra-constitutional body called the 6-10 Office was created to lead the suppression of Falun Gong.[159] The authorities mobilized the state media apparatus, judiciary, police, army, the education system, families and workplaces against the group.[160] The campaign is driven by large-scale propaganda through television, newspaper, radio and internet.[161] There are reports of systematic torture,[162][163] illegal imprisonment, forced labour, organ harvesting[164] and abusive psychiatric measures, with the apparent aim of forcing practitioners to recant their belief in Falun Gong.[165]

Foreign observers estimate that hundreds of thousands and perhaps millions of Falun Gong practitioners have been detained in "re-education through labor" camps, prisons and other detention facilities for refusing to renounce the spiritual practice.[159][166] Former prisoners have reported that Falun Gong practitioners consistently received "the longest sentences and worst treatment" in labour camps, and in some facilities Falun Gong practitioners formed the substantial majority of detainees.[167][168] As of 2009 at least 2,000 Falun Gong adherents had been tortured to death in the persecution campaign,[169] with some observers putting the number much higher.[170]

Some international observers and judicial authorities have described the campaign against Falun Gong as a genocide.[171][172] In 2009, courts in Spain and Argentina indicted senior Chinese officials for genocide and crimes against humanity for their role in orchestrating the suppression of Falun Gong.[173][174][175]

Organ harvesting

In 2006 allegations emerged that the vital organs of non-consenting Falun Gong practitioners had been used to supply China's organ tourism industry.[164][176] In 2008, two United Nations Special Rapporteurs reiterated their requests for "the Chinese government to fully explain the allegation of taking vital organs from Falun Gong practitioners and the source of organs for the sudden increase in organ transplants that has been going on in China since the year 2000".[177]

Matas and Kilgour, and Gutmann have, between them, published three books alleging organ harvesting in China.[170][178][179] The Kilgour-Matas report[164][180][181] stated, "the source of 41,500 transplants for the six-year period 2000 to 2005 is unexplained" and "we believe that there has been and continues today to be large scale organ seizures from unwilling Falun Gong practitioners".[164] Ethan Gutmann, who interviewed over 100 individuals as witnesses, estimated that 65,000 Falun Gong prisoners were killed for their organs from 2000 to 2008.[170][182][183][184]

Political freedom

The People's Republic of China is a signatory to the International Covenant on Civil and Political Rights, but has not ratified it. Legally, all citizens of the People's Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of ethnicity, race, sex, occupation, family background, religious belief, education, property status, or length of residence, except for persons deprived of political rights according to laws imposed by the CCP's Constitution.[185]

In Mao's China, the CCP openly repressed all opposing political groups. This behaviour is now reflected in the judicial system, and has evolved into the selective repression of small groups of people who overtly challenge the CCP's power[186] or its people's democratic dictatorship. The most recent major movement advocating for political freedom was obliterated through the Tiananmen Square Massacre in 1989, the estimated death toll of which ranges from about 200 to 10,000 depending on sources.[187][188] In November 1992, 192 Chinese political activists and democracy advocates submitted a petition to the 16th National Congress of the Chinese Communist Party to introduce political reforms. One of the six demands was the ratification of the Covenant. As a reaction to the petition, the Chinese authorities arrested Zhao Changqing, proponent of the petition, and are still holding a number of activists for attempted subversion.

One of the most famous dissidents is Zhang Zhixin, who is known for standing up against the ultra-left.[189]

In October 2008, the government denounced the European Parliament's decision to award the Sakharov Prize for Freedom of Thought to political prisoner Hu Jia, maintaining that it was 'gross interference in China's domestic affairs' to give such an award to a 'jailed criminal.. in disregard of [the Chinese government's] repeated representations.'[190]

Although the Chinese government does not violate its people's privacy as much or as overtly as it used to,[191] it still deems it necessary to keep track of what people say in public. Internet forums are strictly monitored, as are international postal mail (which sometimes is inexplicably delayed, or simply disappears) and e-mail.[192]

Local officials are chosen by election, and even though non-Communist Party candidates are allowed to stand, those with dissident views can face arbitrary exclusion from the ballot, interference with campaigning, and even detention.[193]

Freedom House rates China as a 6 (the second lowest possible rank) in political freedoms. In 2011, the organization said of the Chinese political leadership:

With a sensitive change of leadership approaching in 2012 and popular uprisings against authoritarian regimes occurring across the Middle East, the ruling Chinese Communist Party showed no signs of loosening its grip on power in 2011. Despite minor legal improvements regarding the death penalty and urban property confiscation, the government stalled or even reversed previous reforms related to the rule of law, while security forces resorted to extralegal forms of repression. Growing public frustration over corruption and injustice fueled tens of thousands of protests and several large outbursts of online criticism during the year. The party responded by committing more resources to internal security forces and intelligence agencies, engaging in the systematic enforced disappearance of dozens of human rights lawyers and bloggers, and enhancing controls over online social media.[194]

Jiang Tianyong is the latest lawyer known for defending jailed critics of the government. In the 709 crackdown which began in 2015, more than 200 lawyers, legal assistants, and activists, including Jiang, were arrested and/or detained.[195]

Independence movements

 

The independence movements in China are mainly contained within the Inner Mongolian Regions, the Tibetan region, and the Xinjiang region.[196] These regions contain people from ethnic and religious minority groups such as the Mongols, the Tibetans and the Uyghurs.[196]

The Chinese government has had strained relations with these regions since the early 1910s, when the first president of the Chinese Republic, Sun Yat-sen, suggested a plan to move a large number of Han people from Southeast China to Northwest China in an effort to assimilate the ethnic minorities that lived in the area.[196] While Sun Yat-sen lost political power before he could enforce this plan, his sinocentric, assimilationist attitude was adopted by future leader Chiang Kai-shek.[196] Chiang Kai-shek enacted educational policy that encouraged cultural assimilation and discouraged self-determinism until 1945, when Chiang Kai-shek and his Nationalist party became more lenient towards the various ethnic minorities.[196] From this time until the establishment of the People's Republic of China under Mao Zedong, ethnic minorities experienced great independence from the Chinese government, with Mongolia becoming an independent state in 1921 and Xinjiang being named an autonomous region in 1955.[196]

Tibetan, Mongolian, and Xinjiang independence was severely restricted by the Communist Party in the 1950s under Mao Zedong, with the forced annexation of Inner Mongolia, Tibet, and Xinjiang back into mainland China, leading to many protests and riots from the ethnic and religious minorities in the autonomous regions.[196] From this point onwards, there has been a sustained outpouring of secessionist and independence movements from China's autonomous regions.[196]

Currently, the largest independence struggle is being waged by the Muslim-Turkic population of Xinjiang, which shares minimal cultural, lingual, and historical similarities with the Han population in China.[196] While the Chinese government under Deng Xiaoping promised to grant some advantages to the population of Xinjiang such as practising affirmative action in universities, greater liberties with regard to China's one-child policy, and increased government subsidies in the region, the government also discourages and restricts the Muslim-Turkic ethnic population from freely practising its religion, expressing its faith by wearing head scarves, fasting, growing facial hair, and building mosques freely.[197] Furthermore, because of the advantages which the Chinese government grants to the people of Xinjiang, many Han Chinese are prejudiced against them, and their prejudice against the Uyghurs is bolstered by the widespread belief that the government unfairly grants preferential treatment to ethnic minorities in general.[197]

One noteworthy event is the Feb 1997 riots in Yining, a county which is located between Kazakhstan and Xinjiang, during which 12 independence movement leaders were executed and 27 others were arrested and incarcerated.[196] Moreover, almost 200 Uyghurs were killed and over 2,000 more Uyghurs were arrested.[196] In 2008 riots broke out within Tibetan regions such as Lhasa, and anti-Han "pogroms" were committed in Ürümqi, Xinjiang in July 2009.[197] In response to these riots, the Chinese government has increased its police presence in these regions[198] and it has also sought to control offshore reporting and intimidate foreign-based reporters by detaining their family members.[199]

Political abuse of psychiatry

Political abuse of psychiatry began to be practised in mainland China during the 1950s, shortly after Mao Zedong established the People's Republic of China, and continues to be practised in different forms up to present day.[200] Initially, under Mao Zedong, the practice of psychiatry in China saw legitimate improvements in the breadth and quality of treatments.[200] However, as time passed under the direction of Mao Zedong and the campaign of ideological reform was implemented, psychiatric diagnoses became used as a way to control and incarcerate Chinese citizens who didn't subscribe to Maoist ideologies such as Marxism–Leninism.[201] The main demographic of Chinese citizens being targeted and placed in mental asylums were academics, intellectuals, students, and religious groups for their capitalist tendencies and bourgeois worldview.[202] The justification for placing those who didn't comply with Maoist principles in mental institutions was the belief that non-Maoist political ideologies such as capitalism caused extreme individualism and selfishness, which contributed to mental disabilities such as schizophrenia and paranoid psychosis.[202]  Maoists justified their claim that anti-Communist beliefs caused mental imbalances by making a positive correlation between the wealth and class of a particular group of people and the number of "mentally ill" people within that group.[200] 

Political abuse of psychiatry in mainland China peaked from the mid-1960s to the late 1970s.[200] During this time, Chinese counterrevolutionists and political dissidents were placed into mental asylums, where they were treated with psychotherapy (xinli zhiliao) resembling political indoctrination sessions.[202] During this time, statistics indicate that there were more political activists being held in mental institutions than the number of rapists, murderers, arsonists, and other violent mentally ill people combined.[201] The human rights activist Wei Jingsheng was among the first to speak out about the misappropriation of psychiatry for political purposes in the winter of 1978; however, in response to his advocacy, he was imprisoned and subjected to involuntary drugging and beating by the Chinese government.[202] 

After the end of the Cultural Revolution in the late 1970s, the abuse of psychiatry for political purposes continually diminished until the 1990s, when there was a resurgence in politically motivated psychiatric diagnoses towards political dissidents and minority religious groups.[200] During this more recent wave of Chinese forensic psychiatry, political dissidents and practicers of non-mainstream religions were sent to Ankang (meaning peace and health) hospitals.[203] These hospitals, built to hold the criminally insane, are managed by Bureau No. 13 of China's Ministry of Public Security.[200] Ankang hospitals have been the target of much scrutiny by human rights activists and organizations both inside and outside of China, and reports indicate inhumane treatment of patients inside these hospitals.[203] Patients in these hospitals are forced to work at least 7 hours a day and are subjected to torture including acupuncture with electric currents, forced injection of drugs that are known to damage the central nervous system, and physical abuse with ropes and electric batons.[203] Furthermore, reports by Chinese surgeons at these hospitals report on the use of psychosurgery on patients who were involuntarily placed in these hospitals to reduce "violent and impulsive behaviors".[203] One of the most targeted groups of Chinese citizens to be placed in Ankang hospitals are the practicers of Falun Gong, who have what is termed "evil cult-induced mental disorder" or "xiejiao suo zhi jingshen zheng'ai" by Chinese psychiatry.[202] Over 1000 practitioners have been incarcerated in mental asylums across 23 provinces, cities, and autonomous regions.[203]

One of the most famous cases of politically motivated psychiatric diagnoses took place in 1992, when Wang Wanxing was arrested for displaying a pro-democracy banner in Tiananmen Square.[203] After Wang's arrest, his wife signed a statement confirming his mental instability, because police told her that doing so would ensure Wang's immediate release.[203] However, Wang was instead placed in the Beijing Ankang hospital.[203] He was exiled to Germany in 2005.[204]

The People's Republic of China is the only country which currently abuses psychiatry for political purposes in a systematic way, and despite international criticism, this abuse seems to be continuing as of 2010.[205] Political abuse of psychiatry in the People's Republic of China is high on the agenda in the international psychiatric community, and has produced recurring disputes.[205] The abuses there appear to be even more widespread than in the Soviet Union in the 1970s and 1980s and involve the incarceration of petitioners, human rights workers, trade union activists, followers of the Falun Gong movement, and people complaining against injustices by local authorities.[205]

In August 2002, the General Assembly of the WPA was held during the WPA World Congress in Yokohama.[206]: 247  The issue of Chinese political abuse of psychiatry was placed on the agenda of the General Assembly, and a decision was made to send an investigative mission to China.[206]: 252  The visit was projected for the spring of 2003, in order to assure that a representative of the WPA could present a report during the Annual Meeting of the American Psychiatric Association in May 2003, as well as at the annual meeting of the British Royal College of Psychiatrists in June and July of that year.[206]: 252  The 2003 investigative mission never took place, and when the WPA did organize a visit to China, it was more a scientific exchange.[206]: 252  In the meantime, the political abuse of psychiatry persists unabated.[206]: 252 

Political prisoners

The Chinese government has a history of imprisoning citizens for political reasons. Article 73 of China's Criminal Procedure Law was adopted in 2012 and allow the authorities to detain people for reasons of "state security" or "terrorism". In this regard, detainees can be held for as long as six months in “designated locations” such as secret prisons.[207]

The number of political prisoners peaked during the Mao era and it has been decreasing ever since.[208] From 1953 to 1975, around 26 to 39 per cent of prisoners were incarcerated for political reasons.[208] By 1980, the percentage of prisoners incarcerated for political reasons was only 13 per cent, and this figure decreased to 0.5 per cent in 1989 and 0.46 per cent in 1997.[208] 1997 is also the year that the Chinese Criminal Law was amended to replace counterrevolutionary crime with crimes endangering national security.[209]

During the Mao era, one notorious labour camp called Xingkaihu which was located in the northeastern Heilongjiang Province was operated from 1955 to 1969.[210] During this time, over 20,000 inmates were forced to work on irrigation, infrastructure construction, and agricultural projects for the government while being subjected to ideological reform; a significant percentage of these inmates were incarcerated for being counterrevolutionaries and political dissidents.[210] The conditions in Xingkaihu were so poor that many inmates eventually died due to malnutrition and disease.[210]

More recently, since the spring of 2008, the Chinese government has detained 831 Tibetans as political prisoners; of these 831 prisoners, 12 are serving life sentences and 9 were sentenced to death.[211]

In 2009 Nobel Laureate Liu Xiaobo was imprisoned for advocating democratic reforms and increased freedom of speech in Charter 08.[212] In 2017 he died in prison from late stage liver cancer at the age of 61.[212]

Other political prisoners include journalist Tan Zuoren, human rights activist Xu Zhiyong, and journalist Shi Tao.[213] Tan Zuoren was arrested in 2010 and sentenced to 5 years in prison after publicly speaking about government corruption as well as the poorly constructed school buildings that collapsed and led to the deaths of thousands of children during the 2008 earthquake in Sichuan.[213] Xu Zhiyong was sentenced to four years in prison in 2014 after gaining a significant social media following and using it as a platform to express his sociopolitical opinions.[213] Shi Tao was sentenced to 8 years after publicizing the list of instructions that the Communist Party sent journalists regarding how to report the 15th anniversary of the Tiananmen Square Massacre.[213]

On 30 June 2020, Sun Qia, a Chinese-born woman who immigrated to Canada and was a Falun Gong practitioner, was sentenced to eight years in jail for belonging to a spiritual movement that Beijing calls a “cult.” Ms. Sun told a lawyer that she was mentally tortured in the prison and pepper-sprayed while restrained.[214]

Cheng Lei, an Australian TV host working at China's state broadcaster, was detained by the Chinese authorities. On 14 August 2020, the Australian Government received a "formal notification" of her detention. Australia's minister for foreign affairs, Marise Payne, said that Lei had been detained without any charges and could be held for months. The arrest came as tensions between both the countries grew over investigation of the COVID-19 pandemic in Beijing followed by trade suspension to Australia.[215]

Pro-democracy movements

Some people have campaigned against the one-party Communist rule in Mainland China over the years.

Freedom of assembly and association

The freedom of assembly is provided by the Article 35 of the Chinese Constitution. The Article 51, however, restricts its exercise: such right «may not infringe upon the interests of the state».[216][217]

Human rights activists such as Xie Xang fight for the rights of Chinese people by protesting, slandering the governments' names on social media, and by filing lawsuits. Xang has commented on the punishment he received for protesting, claiming that he was interrogated while shackled onto a metal chair, forced to sit in stressful positions for a set amount of time, and tortured physically and mentally. He also quoted his interrogators stating that he was told that "I could torture you to death and no one could help you."[218]

Freedom of movement and privacy

In 2010 in response to Chunyun (increase in traffic movements due to Chinese New Year),[219] which has caused various problems with tickets prices (due to resale by speculative traders),[219] a system similar to blogs-related real-name identification system was introduced on nine railroad stations. It requires the transport companies to demand far-travellers to provide their name for their tickets. Several critics and media have raised concerns about its possible privacy violations and freedom of movement rights restrictions risks.[220]

One-child policy (1979-2015)

 
Government sign stating: 'For a prosperous, powerful nation and a happy family, please use birth planning.'

The Chinese government's birth control policy, known widely as the one-child policy, was implemented in 1979 by chairman Deng Xiaoping's government to alleviate the overpopulation problem. Having more than one child was illegal and punishable by fines. This policy was replaced with a two-child policy in 2015.[221] In May 2021, the policy was further relaxed to a three child policy,[222] and all restrictions were removed in July 2021.[223]

In 2005, Voice of America cited critics who argued that the one-child policy contributed to forced abortions, human rights violations, female infanticide, abandonment and sex-selective abortions, which are believed to be relatively commonplace in some areas of the country.[224] Sex-selective abortions are thought to have been a significant contribution to the gender imbalance in mainland China, where there is a 118:100 ratio of male to female children reported.[225][226][227] Forced abortions and sterilizations have also been reported.[228][229]

Chinese state-run media reported on 3 June 2013 that the city of Wuhan was considering legislation to fine women who have children out of wedlock, or with men who were already married. The fine was considered a 'social compensation fee', and has been sharply criticized for potentially exacerbating the problem of abandoned children.[230]

Capital punishment

According to Amnesty International, throughout the 1990s more people were executed or sentenced to death in China than in the rest of the world put together.[23]

Officially, the death penalty in mainland China is only administered to offenders who commit serious and violent crimes, such as aggravated murder, but China retains in law a number of nonviolent death penalty offences such as drug trafficking. The People's Republic of China administers more official death penalties than any other country, though other countries (such as Iran and Singapore) have higher official execution rates.[231] Reliable NGOs such as Amnesty International and Human Rights in China have informed the public that the total execution numbers, with unofficial death penalties included, greatly exceed officially recorded executions; in 2009, the Dui Hua Foundation estimated that 5,000 people were executed in China – far more than all other nations combined.[232] The precise number of executions is regarded as a state secret.

PRC authorities have recently been pursuing measures to reduce the official number of crimes punishable by death and limit how much they officially utilize the death penalty. In 2011, the National People's Congress Standing Committee adopted an amendment to reduce the number of capital crimes from 68 to 55.[233] Later the same year, the Supreme People's Court ordered lower courts to suspend death sentences for two years and to 'ensure that it only applies to a very small minority of criminals committing extremely serious crimes.'[234]

The death penalty is one of the classical Five Punishments of the Chinese Dynasties. In Chinese philosophy, the death penalty was supported by the Legalists, but its application was tempered by the Confucianists, who preferred rehabilitation over punishment of any sort, including capital punishment.[235] In Communist philosophy, Vladimir Lenin urged the retention of the death penalty, whilst Karl Marx and Friedrich Engels claimed that the practice was feudal and a symbol of capitalist oppression. Chairman Mao of the CCP and his government retained the death penalty's place in the legal system, whilst advocating that it be used for a limited number of counterrevolutionaries. The market reformer Deng Xiaoping after him stressed that the practice must not be abolished, and advocated its wider use against recidivists and corrupt officials. Leaders of the PRC's minor, non-communist parties have also advocated for greater use of the death penalty. Both Deng and Mao viewed the death penalty as having tremendous popular support, and portrayed the practice as a means to 'assuage the people's anger'.[235]

The death penalty has widespread support in mainland China, especially for violent crimes, and no group in government or civil society vocally advocates for its abolition.[235] Surveys conducted by the Chinese Academy of Social Sciences in 1995, for instance, found that 95 per cent of the Chinese population supported the death penalty, and these results were mirrored in other studies.[236] Polling conducted in 2007 in Beijing, Hunan and Guangdong found a more moderate 58 per cent in favour of the death penalty, and further found that a majority (63.8 per cent) believed that the government should release execution statistics to the public.[232]

A total of 46 crimes are punishable by death, including some non-violent, white-collar crimes such as embezzlement and tax fraud. Execution methods include lethal injections and shooting.[237] The People's Armed Police carries out the executions, usually at 10:00 am.[238]

Death sentences in post-Maoist mainland China can be politically or socially influenced. In 2003, a local court sentenced the leader of a triad society to a death sentence with two years of probation. However, the public opinion was that the sentence was too light. Under public pressure, the supreme court of Communist China took the case and retried the leader, resulting in a death sentence, which was carried out immediately.[239]

Execution protocol

The execution protocol is defined in criminal procedure law, under article 212:[240]

Before a people's court executes a death sentence, it shall notify the people's procuratorate at the same level to send personnel to supervise the execution.
Death sentences shall be executed by means of shooting or injection.
Death sentences may be executed at the execution ground or in designated places of custody.
The judicial personnel directing the execution shall verify the identity of the criminal offender, ask him if he has any last words or letters, and then deliver him to the executioner for the death sentence. If, before the execution, it is found that there may be an error, the execution shall be suspended and the matter shall be reported to the Supreme People's Court for decision.
Execution of death sentences shall be announced to the public, but shall not be held in public.
The attending court clerk shall, after an execution, make a written record thereon. The people's court that caused the death sentence to be executed shall submit a report on the execution to the Supreme People's Court.
The people's court that caused the death sentence to be executed shall, after the execution, notify the family of the criminal offender.

In some areas of mainland China, there is no specific execution ground. A scout team chooses a place in advance to serve as the execution ground. In such a case, the execution ground normally will have three perimeters: the innermost 50 meters is the responsibility of the execution team; the 200-meter radius from the center is the responsibility of the People's Armed Police; and the 2-kilometer alert line is the responsibility of the local police. The public is generally not allowed to view the execution.

The role of the executioner was fulfilled in the past by the People's Armed Police. In recent times, the legal police force (Chinese: 法警; pinyin: fǎ jǐng) assumed this role.

Since 1949, the most common method of execution has been execution by firing squad. This method has been largely superseded by lethal injection, using the same three-drug cocktail pioneered by the United States, introduced in 1996. Execution vans are unique to mainland China, however. Lethal injection is more commonly used for 'economic crimes' such as corruption, while firing squads are used for more common crimes like murder. In 2010, Chinese authorities moved to have lethal injection become the dominant form of execution; in some provinces and municipalities, it is now the only legal form of capital punishment.[241] The Dui Hua foundation notes that it is impossible to ascertain whether these guidelines are closely followed, as the method of execution is rarely specified in published reports.[232]

Criticism

Human rights groups and foreign governments have heavily criticized the PRC's use of the death penalty for a variety of reasons, including its application for non-violent offences, allegations of the use of torture to extract confessions, legal proceedings that do not meet international standards, and the government's failure to publish statistics on the death penalty.[242] However, as acknowledged by both the Chinese Supreme Court and the United States Department of State, the vast majority of death sentences are given for violent, nonpolitical crimes which would be considered serious in other countries.[235]

The Coalition to Investigate the Persecution of Falun Gong has accused Chinese hospitals of using the organs of executed prisoners for commercial transplantation.[243] Under Chinese law, condemned prisoners must give written consent to become organ donors, but because of this and other legal restrictions on organ donation, an international black market in organs and cadavers from China has developed.[244][245] In 2009, Chinese authorities acknowledged that two-thirds of organ transplants in the country could be traced back to executed prisoners and announced a crackdown on the practice.[246]

United States

Running for president in 1992, Bill Clinton sharply criticized his predecessor George H. W. Bush for prioritizing profitable trade relationships over human rights issues in mainland China. As president, 1993–2001, however, Clinton backed away from his position. He did articulate a desired set of goals for mainland China. They included free emigration, no exportation of goods made with prison labour, release of peaceful protesters, treatment of prisoners in terms of international standards, recognition of the distinct regional culture of Tibet, permitting international television and radio coverage, and observation of human rights specified by United Nations resolutions. China refused to comply, and by summer 1994 Clinton admitted defeat and called for a renewal of normalized trade relations. However congressional pressure, especially from Republicans, forced Clinton to approve arms sales to Taiwan, despite the strong displeasure voiced by Beijing.[247] In 2020, president Donald Trump praised China's use of the death penalty.[248]

Wrongful executions

An estimate of over 1000 people are executed every year in mainland China. Most of these executions are due to crimes that are seen as intolerable to the society within mainland China and the People's Republic of China. There are some cases that have been held wrongly.[249]

At least four people have been considered wrongfully executed by PRC courts.

Wei Qing'an (魏清安, circa 1951 – 1984) was a Chinese citizen who was executed for the rape of Liu, a woman who had disappeared. The execution was carried out on 3 May 1984 by the Intermediate People's Court. In the next month, Tian Yuxiu (田玉修) was arrested and admitted that he had committed the rape. Three years later, Wei was officially declared innocent.[250] Teng Xingshan (滕兴善, ? – 1989) was a Chinese citizen who was executed for having raped, robbed and murdered Shi Xiaorong (石小荣), a woman who had disappeared. An old man found a dismembered body, and police forensics claimed to have matched the body to the photo of the missing Shi Xiaorong. The execution was carried out on 28 January 1989 by the Huaihua Intermediate People's Court. In 1993, the missing woman returned to the village, saying she had been kidnapped to Shandong. The absolute innocence of the executed Teng was not admitted until 2005.[251] Nie Shubin (聂树斌, 1974 – 1995) was a Chinese citizen who was executed for the rape and murder of Kang Juhua (康菊花), a woman in her thirties. The execution was carried out on 27 April 1995 by the Shijiazhuang Intermediate People's Court. In 2005, ten years after the execution, Wang Shujin (王书金) admitted to the police that he had committed the murder. Therefore, it has been indicated that Nie Shubin had been innocent all along.[252][249]

Torture

Although the People's Republic of China outlawed torture in 1996, human rights groups say brutality and degradation are common in Chinese arbitrary detention centers, Laojiao prisons and black jails. People who are imprisoned for their political views, human rights activities or religious beliefs have a high risk of being tortured.[253] Strategies of torture inside black jail include deprivation of sleep, food, and medication. The strategies are all quite inhumane conditions. In a specific case, a woman named Huang Yan was imprisoned for her political views and included the deprivation of medication. She had diabetes and ovarian cancer which required her to take medication. Tests have shown that the ovarian cancer have spread throughout her body.[254] While the existence of black jails is acknowledged by at least part of the government,[255] the CCP strongly denies facilitating the operation of such jails and officially cracks down on them, leading to at least one trial.[256]

In May 2010, the PRC authorities officially passed new regulations in an attempt to nullify evidence gathered through violence or intimidation in their official judicial procedures, and to reduce the level of torture administered to prisoners already in jails. Little is known, however, about whether or how procedures were modified in black jails, which are not officially part of the judicial system. The move came after a public outcry following the revelation that a farmer, convicted for murder based on his confession under torture, was in fact innocent. The case came to light only when his alleged victim was found alive, after the defendant had spent ten years in prison.[257] International human rights groups gave the change a cautious welcome.[258]

Torture is reportedly used as part of the indoctrination process at the Xinjiang internment camps.[259][260] The torture is alleged to include waterboarding and sexual violence.[261][262]

Ethnic minorities

 
Chinese Communist Party general secretary Xi Jinping ordered to establish Xinjiang internment camps[263]

There are 55 officially recognized native ethnic minorities in China. Article 4 of the Chinese constitution states 'All nationalities in the People's Republic of China are equal', and the government argues that it has made efforts to improve ethnic education and increased ethnic representation in local government. Some groups are still fighting for recognition as minorities. In the 1964 Census, there were 183 nationalities registered, of which the government recognized 54.[264]

Some policies cause reverse racism, in which Han Chinese or even ethnic minorities from other regions are treated as second-class citizens in the ethnic region.[265][266] Similarly, there are wide-ranging preferential policies (affirmative action programs) in place to promote social and economic development for ethnic minorities, including preferential employment, political appointments, and business loans.[267] Universities typically have quotas reserved for ethnic minorities, even if they have lower admission test scores.[268] Ethnic minorities are also more often exempt from the one-child policy, which targets the Han Chinese.

Stern punishments of independence-seeking demonstrators, rioters, or terrorists[269] have led to mistreatment of the Tibetan and Uyghur minorities in Western China. The United States in 2007 refused to help repatriate five Chinese Uyghur Guantanamo Bay detainees because of 'past treatment of the Uigur minority'.[270] In its 2007 annual report to the U.S. Congress, the Congressional-Executive Commission on China said the Chinese government "provides incentives for migration to the region from elsewhere in China."[271] Xi Jinping, the General Secretary of the Chinese Communist Party (paramount leader), said in April 2014 that China faces increasing threats to national security and the government could impose tougher controls on its ethnic minorities due to terrorist attacks like the 2014 Kunming attack.[272] In Xinjiang, the Ürümqi Motorized Vehicle Licensing and Testing Department has begun requiring all ethnic Uyghur and Kazakh individuals to undergo a background check before registering a vehicle.[273]

In March 2019, the United States Department of State criticized mainland China for its human rights violations, saying the sort of abuses it had inflicted on its Muslim minorities had not been witnessed “since the 1930s”.[274] The department's annual Country Reports on Human Rights Practices stated that the PRC was “in a league of its own when it comes to human rights violations”.[275]

Forcible biometrics collection

PRC authorities in western Xinjiang province are collecting DNA samples, fingerprints, eye scans and blood types of millions of people aged 12 to 65.[276][277][278] Sophie Richardson, Human Rights Watch's China director, said "the mandatory databanking of a whole population’s biodata, including DNA, is a gross violation of international human rights norms, and it’s even more disturbing if it is done surreptitiously, under the guise of a free health care program."[279] For the ethnic minority Uyghur people, it is mandatory to undergo the biometrics collection, disguised under physical examination. Coercion to give blood sample is gross violation of the human rights and individual privacy.[279]

Tibetans

Tibetans who opposed the diversion of irrigation water by Chinese authorities to the China Gold International Resources mining operations were detained, tortured and murdered.[280] Allegations of what the PRC officially labelled 'judicial mutilation' against Tibetans by the Dalai Lama's government, and the serfdom controversy, have been cited by the PRC as reasons to interfere for what they claim was the welfare of Tibetans,[281] although their claims of 'judicial mutilation' are controversial and subject to scepticism and dispute by foreign countries and international organizations. Conflicting reports about Tibetan human rights have been produced since then. The PRC claims that Tibet has been enjoying a cultural revival since the 1950s, whereas the Dalai Lama says 'whether intentionally or unintentionally, somewhere cultural genocide is taking place'.[282][283]

Following the Chinese economic reform, businesspeople from other parts of China have made many business trips to Tibet, although most do not stay in region. The New York Times has cited this ethnic diversity in Tibet as a cause of "ethnic tensions". It has also disagreed significantly with the promotion by PRC authorities of home ownership in nomadic Tibetan societies.[284] Western politicians often level the charge that the Tibetan languages are at risk of extinction in Tibet.[285] Others, however, both inside and outside China and Tibet, claim that for a vast majority of Tibetans, who live in rural areas, the Chinese language is merely introduced as a second language in secondary school.[286]

Uyghurs

Reportedly, the People's Republic of China is holding one million ethnic Uyghurs in internment camps in Xinjiang. In July 2019, ambassadors of 22 countries wrote a letter to the United Nations human rights officials condemning China's treatment towards the minority groups. Various human rights groups and former inmates have described the camps as “concentration camps”, where Muslim Uyghurs and other minorities have been forcibly assimilated into China's majority ethnic Han society.[287] The letter urged China to “refrain from the arbitrary detention and restrictions on freedom of movement of Uighurs, and other Muslim and minority communities in Xinjiang.”[288]

A leaked document known as "The China Cables" details the conditions in the aforementioned internment camps.[289][290][291] These documents describe guidelines on a variety of things: preventing escapes, monitoring the Uyghurs, disciplining the Uyghurs, and much more. They are taught Mandarin and about Chinese culture. However, some claim this is renouncing their culture to conform to the communist party.[292] Many Chinese officials have already dismissed the claims of breaching human rights and the contents of these documents. They refer to these camps as voluntary education centers where the Uyghurs are reeducated. The goal of these camps, according to former Chinese ambassador Liu Xiaoming, is to prevent terrorism.[293] A United Nations assessment of human rights regarding the Xinjiang Uyghurs stated it is “reasonable to conclude that a pattern of large-scale arbitrary detention occurred in [vocational education and training centre] facilities, at least during 2017 to 2019,” negating previous Chinese Government claims that the facilities were schools or training centres where participants were free to join and leave.[294][295]

The Foreign, Commonwealth & Development Office (FCDO) gave statement on China’s human rights violations in Xinjiang, following a visit to the region by the UN High Commissioner for Human Rights. An FCDO spokesperson said, “It is clear that the Chinese authorities did not provide the full, unfettered access to Xinjiang for the UN High Commissioner for Human Rights that we and our international partners have long called for. China’s failure to grant such access only serves to highlight their determination to hide the truth.”[296]

Economic and property rights

The National People's Congress enacted a law in 2007 to protect private property, with the exception of land. Nevertheless, according to Der Spiegel magazine, local Chinese authorities have used brutal means to expropriate property, in a bid to profit from the construction boom.[297]

Rights related to sexuality

In 2001, homosexuality was removed from the official list of mental illnesses in China.[298] China recognizes neither same-sex marriage nor civil unions.[299]

According to the criminal law of the PRC, only females can be victims of rape, a man who has been raped cannot make accusations towards either men or women of rape. However, the criminal law of the PRC's constitution in mainland China had been amended in August 2015. Thus, males can be victims of indecency, but the articles on the criminal law which are related to rape still remain unrevised, so male victims can only make accusations of indecency.[300][301]

Intersex rights

Intersex people in China suffer discrimination, lack of access to health care and coercive genital surgeries.[302][303]

COVID-19 pandemic

During the COVID-19 pandemic in China, the Chinese government has censored online criticism of its response to the pandemic, including criticism of its lockdown measures.[304][305]

Other human rights issues

Workers' rights and privacy are contentious human rights issues in China. There have been several reports of core International Labour Organization conventions being denied to workers. One such report was released by the International Labor Rights Fund in October 2006; it documented minimum wage violations, long work hours, and inappropriate actions towards workers by management.[306][citation not found] Workers cannot form their own unions in the workplace; they may only join state-sanctioned ones. The extent to which these organizations can fight for the rights of Chinese workers is disputed.[192][citation not found]

The policy toward refugees from North Korea is a recurring human rights issue. It is official policy to repatriate these refugees to North Korea, but the policy is not evenly enforced and a considerable number of them stay in the People's Republic. Though it is in contravention of international law to deport political refugees, as illegal immigrants their situation is precarious. Their rights are not always protected,[307] and some are tricked into marriage, forced to engage in cybersex or prostitution, allegedly linked to criminal networks generating an estimated annual revenue of $105,000,000 US.[308][309]

African students in China have complained about their treatment in China.

Their complaints largely ignored until 1988–9, when 'students rose up in protest against what they called "Chinese apartheid'".[310] African officials took notice of the issue, and the Organization of African Unity issued an official protest. The organization's chairman, President Moussa Traoré of Mali, went on a fact-finding mission to China.[310] A 1989 report in Guardian stated: 'these practices could threaten Peking's entire relationship with the continent.'[311]

The United Nations reports that it has had difficulty in arranging official visits to China by UN Special Rapporteurs on various human rights issues.[312]

On 29 June 2020, HRW urged the United Nation member countries to act upon the call by UN human rights experts to examine the Chinese government's human rights record.[313]

On 3 July 2020, a 13-ton shipment of beauty products made out of human hair was seized by the U.S. Customs and Border Protection (CBP). The shipment, originating in Xinjiang, China, was seized at the Port of New York, signalling potential human rights abuses of forced labour and imprisonment.[314]

On 9 September 2020, a global coalition of 321 civil society groups, including Amnesty International, urged United Nations to urgently create an independent international mechanism to address the Chinese government's human rights violations. In an open letter, the organizations highlighted China's rights violations worldwide, including the targeting of human rights defenders, global censorship and surveillance, and rights-free development that caused environmental degradation.[315]

On 6 October 2020, 39 United Nations member countries expressed deep concerns over China's human rights violations in Xinjiang, Hong Kong, and Tibet. The call was made by Germany, supported by Britain, Canada, the United States, many European Union member states, Albania, Bosnia-Herzegovina, Haiti, Honduras, Palau, and the Marshall Islands.[316]

A report published by Human Rights Watch in August 2021 documents the economic, social, and cultural rights violations resulting from the China-financed hydroelectric dam construction in northeaster Cambodia. Nearly 5,000 people have been displaced due to the dam's construction.[317]

The World report 2022 by Human Rights Watch stated that the Chinese Communist Party under the leadership of Xi Jinping celebrated its 100th anniversary in 2021 amid crimes against humanity in Xinjiang and the devastation of civil liberties in Hong Kong. In 2021 the Chinese government tightened ideological control and increasingly cracked down on free speech. The Chinese government also moved quickly to offer support to Afghanistan’s abusive Taliban-controlled government.[318]

Position of the government

The Government of the People's Republic of China has argued that its concept of 'Asian values'[319] requires that the welfare of the collective should always be put ahead of the rights of any individual whenever conflicts between these arise. Its position is that the government has the responsibility to design, implement and enforce a 'harmonious socialist society'.[320]

The People's Republic of China emphasizes state sovereignty, which at times conflicts with the international norms or standards of human rights. However, its concept of human rights has developed radically over the years. From 1949 to the late 1970s, the CCP focused on promoting the rights of the masses: collective rights rather than individual human rights. Deng Xiaoping said that the right of a nation, or sovereignty (guoquan) is more important than human rights (renquan), and right of subsistence (shengcun quan) is more fundamental than political freedom.[321] However, from the beginning of economic reforms in 1978 to the 1989 Tiananmen Square protests and massacre, the CCP raised concerns for human rights in their domestic and international policies. In 1991, China officially accepted the idea that human rights were compatible with Chinese socialism, and in 1993 the state created the China Society for Human Rights Studies, which has represented Chinese positions on human rights in international forums, conferences, and media. China went on to sign two treaties – the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) in 1997 and 1998, respectively. The ICESCR was ratified by the National People's Congress in 2001, but as of 2016, the ICCPR has not yet been ratified.[322] As of 2013, the PRC had signed more than 20 international treaties on human rights.[323]

Western human rights

Those who agree with the Chinese Communist Party point towards what they call rapid deterioration in Western societies, claiming that there has been an increase in geographic, religious and racial segregation, rising crime rates, family breakdown, industrial action, vandalism, and political extremism within Western societies. The European Union and the United Nations claim to be stopping these types of human rights violations, save for a few violations committed by some Western governments (e.g. the CIA's extraordinary rendition programme). The PRC holds the opinion, though, that many alleged negatives about democratic society are a direct result of an excess of individual freedom, saying that too much freedom is dangerous.[324] The PRC holds that these actions in Western nations are all violations of human rights. They say that these should be taken into account when assessing a country's human rights record. On occasion they have criticized the United States policies, especially the human rights reports published by its State Department. They cite the opinion that the United States, as well as the United Kingdom, has also violated human rights laws, for example during the invasion of Iraq.[325]

In United Nations bodies, China argues for a way of looking at the concept of universal human rights that differs from the Western view.[326] China's view is that a focus on political rights and values is a too narrow view of human rights, and should instead focus on economic outcomes, material well-being of people, and national sovereignty.[326]

Chinese definition

Chinese state media has stated that human rights should encompass what its officials have labelled as "economic standards of living and measures of health and economic prosperity".[2]

Measures taken

In March 2003, an amendment was officially made to the Constitution of the People's Republic of China, officially stating that 'The State respects and preserves human rights.'[327] In addition, China was dropped from a list of top ten human rights violators in the annual human rights report released by the U.S. State Department in 2008, though the report indicated that there were still widespread human rights-related issues in the PRC.[328]

In 1988, the People's Republic of China began direct village elections to help maintain social and political order whilst facing rapid economic change. Elections now occur in about 650,000 villages across China, reaching 75% of the nation's 1.3 billion people, according to the Carter Center.[329] In 2008, Shenzhen, which enjoys the highest per capita GDP in mainland China, was selected for experimentation, and over 70% of the government officials on the district level are to be directly elected (as of 2008).[330] However, in keeping with Communist Party philosophy, candidates must be selected from a pre-approved list.[331]

See also

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human, rights, china, this, article, about, people, republic, china, republic, china, human, rights, taiwan, governmental, organization, human, rights, china, organization, this, article, multiple, issues, please, help, improve, discuss, these, issues, talk, p. This article is about the People s Republic of China For the Republic of China see Human rights in Taiwan For the non governmental organization see Human Rights in China organization This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This article needs to be updated Please help update this article to reflect recent events or newly available information December 2019 This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Human rights in China news newspapers books scholar JSTOR August 2021 Learn how and when to remove this template message Learn how and when to remove this template message Human rights in China are periodically reviewed by the United Nations Human Rights Committee UNHRC 1 on which the Chinese Communist Party CCP government of the People s Republic of China PRC and various foreign governments and human rights organizations have often disagreed CCP and PRC authorities their supporters and other proponents claim that existing policies and enforcement measures are sufficient to guard against human rights abuses However other countries and their authorities such as the United States Department of State Global Affairs Canada etc international non governmental organizations NGOs including Human Rights in China and Amnesty International and citizens lawyers and dissidents inside the country state that the authorities in mainland China regularly sanction or organize such abuses Independent NGOs such as Amnesty International and Human Rights Watch as well as foreign governmental institutions such as the U S State Department regularly present evidence of the PRC violating the freedoms of speech movement and religion of its citizens and of others within its jurisdiction Authorities in the PRC claim to define human rights differently so as to include economic and social as well as political rights all in relation to national culture and the level of development of the country 2 3 Authorities in the PRC referring to this definition claim that human rights are being improved 4 They do not however use the definition used by most countries and organizations PRC politicians have repeatedly maintained that according to the PRC Constitution the Four Cardinal Principles supersede citizenship rights PRC officials interpret the primacy of the Four Cardinal Principles as a legal basis for the arrest of people who the government says seek to overthrow the principles Chinese nationals whom authorities perceive to be in compliance with these principles on the other hand are permitted by the PRC authorities to enjoy and exercise all the rights that come with citizenship of the PRC provided they do not violate PRC laws in any other manner Numerous human rights groups have publicized human rights issues in mainland China that they consider the government to be mishandling including the death penalty capital punishment the one child policy in which China had made exceptions for ethnic minorities prior to abolishing it in 2015 the political and legal status of Tibet and neglect of freedom of the press in mainland China Other areas of concern include the lack of legal recognition of human rights and the lack of an independent judiciary rule of law and due process Further issues raised in regard to human rights include the severe lack of worker s rights in particular the hukou system which restricts migrant labourers freedom of movement the absence of labour unions independent of the CCP 5 6 the implementation of Social Credit System and its blacklist which serve to restrict a person and their family members rights 7 8 and allegations of discrimination against rural workers and ethnic minorities as well as the lack of religious freedom rights groups have highlighted repression of the Christian 9 10 11 12 13 14 Tibetan Buddhist Uyghur Muslim and Falun Gong religious groups Some Chinese activist groups are trying to expand these freedoms including Human Rights in China Chinese Human Rights Defenders and the China Human Rights Lawyers Concern Group Chinese human rights attorneys who take on cases related to these issues however often face harassment disbarment and arrest 15 16 According to the Amnesty International report from 2016 2017 the government continued to draft and enact a series of new national security laws that presented serious threats to the protection of human rights The nationwide crackdown on human rights lawyers and activists continued throughout the year Activists and human rights defenders continued to be systematically subjected to monitoring harassment intimidation arrest and detention 17 The report continues that police detained increasing numbers of human rights defenders outside of formal detention facilities sometimes without access to a lawyer for long periods exposing the detainees to the risk of torture and other ill treatment Booksellers publishers activists and a journalist who went missing in neighboring countries in 2015 and 2016 turned up at detention in China causing concerns about China s law enforcement agencies acting outside their jurisdiction 17 In June 2020 nearly 50 UN independent experts raised wide ranging concerns over the repression of fundamental freedoms by the Chinese government They highlighted the collective repression of the population especially religious and ethnic minorities to the detention of lawyers prosecution and human rights defenders They also denounced impunity for excessive use of force by police the alleged use of chemical agents against protesters the alleged sexual harassment and assault of women protesters in police stations and the alleged harassment of health care workers 18 Contents 1 Legal system 2 Civil liberties 2 1 Freedom of speech 2 1 1 Freedom of speech during Coronavirus crisis of 2020 2 2 Freedom of the press 2 2 1 Information hyper control 2 2 2 Freedom of the Internet 2 3 Hukou system 2 3 1 Treatment of rural workers 2 4 Freedom of association 2 5 Religious freedom 2 5 1 Christianity 2 5 2 Tibetan Buddhism 2 5 3 Uyghurs 2 5 4 Falun Gong 2 5 4 1 Organ harvesting 2 6 Political freedom 2 6 1 Independence movements 2 6 2 Political abuse of psychiatry 2 6 3 Political prisoners 2 6 4 Pro democracy movements 2 7 Freedom of assembly and association 2 8 Freedom of movement and privacy 3 One child policy 1979 2015 4 Capital punishment 4 1 Execution protocol 4 2 Criticism 4 2 1 United States 4 3 Wrongful executions 5 Torture 6 Ethnic minorities 7 Forcible biometrics collection 8 Tibetans 9 Uyghurs 10 Economic and property rights 11 Rights related to sexuality 12 Intersex rights 13 COVID 19 pandemic 14 Other human rights issues 15 Position of the government 15 1 Western human rights 15 2 Chinese definition 15 3 Measures taken 16 See also 17 References 17 1 Citations 17 2 Sources 18 Further reading 19 External linksLegal system EditSee also List of countries by incarceration rate China Since the legal reforms of the late 1970s and 1980s the CCP has officially moved to embrace the language of the rule of law and to establish a modern court system In the process it has enacted thousands of new laws and regulations and has begun training more legal professionals 15 The concept of rule of law has been emphasized in the constitution and the ruling party has embarked on campaigns to promote the idea that citizens have protection under the law At the same time however a fundamental contradiction exists in the constitution itself in which the Communist Party insists that its authority supersedes that of the law 19 Thus the constitution enshrines the rule of law yet simultaneously stresses the principle that the leadership of the Communist Party holds primacy over the law Even some Chinese themselves have only a vague conception of the priority of the CCP leadership over constitutional and legal authority The judiciary is not independent of the Communist Party and judges face political pressure in many instances private party committees dictate the outcome of cases 20 In this way the CCP effectively controls the judiciary through its influence 15 This influence has produced a system often described as rule by law alluding to the CCP s power rather than rule of law 21 Moreover the legal system lacks protections for civil rights and often fails to uphold due process 22 This is opposed to a system of checks and balances or separation of powers Foreign experts estimate that in 2000 there were between 1 5 million and 4 million people in prison in mainland China The PRC does not allow outsiders to inspect the penal system 23 Civil liberties EditFreedom of speech Edit Political protest in Hong Kong against the detention of Chinese Nobel Peace Prize laureate Liu Xiaobo Main articles Censorship in the People s Republic of China Government control of the media in the People s Republic of China and Internet censorship in the People s Republic of China Although the 1982 constitution guarantees freedom of speech 24 the Chinese government often uses the subversion of state power and protection of state secrets clauses in their law system to imprison those who criticize the government 25 Another crime used to jail critics such as Sun Dawu is picking quarrels and provoking trouble During the 2008 Summer Olympics the government promised to issue permits authorizing people to protest in specifically designated protest parks in Beijing 26 However a majority of the applications were withdrawn suspended or vetoed 27 and the police detained some of the people who applied 28 References to certain controversial events and political movements as well as access to web pages considered by the PRC authorities to be dangerous or threatening to state security are blocked on the internet in the PRC and content disputed by or critical of PRC authorities is absent from many publications and subject to the control of the CCP within mainland China 29 Laws in the People s Republic of China forbid the advocacy of separation of any part of its claimed territory from mainland China or public challenge to the CCP s domination of the government of China citation needed An unsanctioned protest during the Olympics by seven foreign activists at the China Nationalities Museum protesting for a free Tibet and blocking the entrance was cleared 30 and the protesters deported 31 Foreign Internet search engines including Microsoft Bing Yahoo and Google China have come under criticism for aiding these practices Yahoo in particular stated that it will not protect the privacy and confidentiality of its Chinese customers from the authorities 32 In 2005 after Yahoo China provided its personal emails and IP addresses to the Chinese government reporter Shi Tao was sentenced to imprisonment for ten years for releasing an internal Communist Party document to an overseas Chinese democracy site 33 Skype president Josh Silverman said it was common knowledge that TOM Online had established procedures to block instant messages containing certain words deemed offensive by the Chinese authorities 34 In June 2020 the European Union demanded an immediate release of Yu Wensheng who after two years in detention was sentenced on charges of inciting subversion of state power for writing an open letter demanding constitutional reforms 35 Chinese blogger and human rights activist Wu Gan was sentenced to 8 years in prison in December 2017On 24 July 2020 the CCP expelled an outspoken and influential property tycoon Ren Zhiqiang who denounced the country s authoritarian leader CCP general secretary Xi Jinping He went missing in March after criticizing Xi and later his case was passed to the judiciary system for criminal investigation 36 On 29 July 2020 the Chinese government begun applying the new National Security Law to suppress peaceful speech curtail academic freedom and generate a chilling effect on the fundamental freedoms in Hong Kong 37 On 11 August 2020 Human Rights Watch demanded Chinese authorities on the basis of security law to immediately release the 10 democracy supporters and activists arrested on 10 August and drop all vague national security charges imposed on them 38 In June 2020 Cai Xia a retired professor of CCP s Central Party School criticized Xi Jinping the General Secretary of the CCP called him a mafia boss and the ruling Communist Party a political zombie In a 20 minute audio on social networking sites she said that everyone is Xi s slave and there is no human rights and rule of law She suggested that Xi should retire 39 On 17 August 2020 Cai Xia was expelled from the CCP s Central Party School and her retirement pensions were cancelled 40 Freedom of speech during Coronavirus crisis of 2020 Edit During the Coronavirus crisis of 2020 the PRC is reported to have suppressed the news of the virus and also attempted to downplay and under report deaths There are reports of detentions assaults torture and disappearances of whistleblowers including activists doctors lawyers students and businessmen who created and uploaded videos of overburdened hospitals and high number of deaths 41 Some of these whistleblowers were Li Wenliang a Chinese medical doctor who worked at Wuhan Central Hospital and issued emergency warnings to other hospitals and doctors about the new disease He was arrested and accused of making false comments that had severely disturbed the social order 42 43 Fang Bin a Chinese businessman citizen journalist and whistleblower who broadcast images of Wuhan during the Coronavirus crisis He has been missing since 9 February 2020 41 44 Chen Qiushi a Chinese lawyer activist and citizen journalist who covered the 2019 20 Hong Kong protests and the COVID 19 pandemic and has been missing since 6 February 2020 needs update 41 Li Zehua a Chinese citizen journalist rapper and YouTuber who was trying to trace missing lawyer and citizen journalist Chen Qiushi He has been missing since 26 February 2020 needs update 45 46 Chen Mei and El amogid Wei activists who were sharing censored articles about the coronavirus outbreak on an online archive have been noncontactable since 19 April 2020 47 Li Meng Yan a Hong Kong virologist and whistleblower had to escape to the US after she found large scale cover ups of the pandemic by Chinese authorities She said that if she told her story of the coverup in China she will be disappeared and killed 48 Independent journalist Zhang Zhan was served a four year prison sentence for picking quarrels and provoking troubles a charge she received after she flew to Wuhan following the COVID 19 outbreak At the time she knew she was risking her own safety and arrest but she wanted to learn more about the COVID 19 situation and share her findings with others 49 Freedom of the press Edit Main article Freedom of the press in China Critics argue that the CCP has failed to live up to its promises about the freedom of the mainland Chinese media Freedom House consistently ranks China as Not Free 50 51 in its annual press freedom survey including the 2014 report PRC journalist He Qinglian says that the PRC s media are controlled by directives from the Communist Party s propaganda department and are subjected to intense monitoring which threatens punishment for violators rather than to pre publication censorship 52 In 2008 ITV News reporter John Ray was arrested while covering a Free Tibet protest 30 53 International media coverage of Tibetan protests only a few months before the Beijing Olympics in 2008 triggered a strong reaction inside China Chinese media practitioners took the opportunity to argue with propaganda authorities for more media freedom 54 one journalist asked If not even Chinese journalists are allowed to report about the problems in Tibet how can foreign journalists know about the Chinese perspective about the events 55 Foreign journalists also reported that their access to certain websites including those of human rights organizations was restricted 56 57 International Olympic Committee president Jacques Rogge stated at the end of the 2008 Olympic Games that The regulations governing foreign media freedom during the Olympics might not be perfect but they are a sea change compared to the situation before We hope that they will continue 58 The Foreign Correspondents Club of China FCCC issued a statement during the Olympics that despite welcome progress in terms of accessibility and the number of press conferences within the Olympic facilities the FCCC has been alarmed at the use of violence intimidation and harassment outside The club has confirmed more than 30 cases of reporting interference since the formal opening of the Olympic media center on 25 July and is checking at least 20 other reported incidents 59 Since the Chinese state continues to exert a considerable amount of control over media public support for domestic reporting has come as a surprise to many observers 54 Not much is known about the extent to which the Chinese citizenry believe the official statements of the CCP nor about which media sources they perceive as credible and why So far research on the media in China has focused on the changing relationship between media outlets and the state during the reform era 54 Nor is much known about how China s changing media environment has affected the government s ability to persuade media audiences 54 Research on political trust reveals that exposure to the media correlates positively with support for the government in some instances and negatively in others The research has been cited as evidence that the Chinese public believes propaganda transmitted to them through the news media but also that they disbelieve it 60 61 These contradictory results can be explained by realizing that ordinary citizens consider media sources to be credible to a greater or lesser degree depending on the extent to which media outlets have undergone reform 54 In 2012 the UN High Commissioner for Human Rights urged the Chinese government to lift restrictions on media access to the region and allow independent and impartial monitors to visit and assess conditions in Tibet 62 The Chinese government did not change its position In March 2020 China expelled employees of The New York Times The Washington Post and The Wall Street Journal in response to U S treatment of state owned Chinese media as employees of the Chinese government requiring approval similar to diplomatic employees 63 China has periodically deported foreign journalists before Ursula Gauthier a journalist from France working for the media organization L Obs was sent back to France after she commented on China s response to the Paris attacks that happened in November 2015 She noted that China s sympathetic stance wasn t without ulterior motives 64 Gauthier had previously reported on China s treatment of the Uyghur ethnic group many of whom believe in Islam China often accuses Uyghur people of terrorism and has set up a system of camps which they claim are vocational training centers 65 However those who have lived through the camps allege that the authorities torture rape and sexually abuse the prisoners as well as force them into unpaid labor and sterilize the women 66 Moreover many experts and foreign policymakers consider the detentions arbitrary rather than linked to provable terrorist charges 67 As such journalists such as Gauthier have been critical of China s actions At the time of Gauthier s expulsion she was the first journalist to be deported since China expelled Melissa Chan from Al Jazeera in 2015 Chan had reported on China s black jails and government land confiscation Of her deportation China Global Television Network s Yang Rui wrote We should shut up those who demonize China and send them packing according to The Wall Street Journal 68 Information hyper control Edit The 2020 World Press Freedom Index compiled by Reporters Without Borders RSF shows that China is the world s biggest jailer of journalists Mainland China which is trying to establish a new world media order maintains its system of information hyper control of which the negative effects for the entire world have been seen during the coronavirus public health crisis It states that the PRC never stops enhancing its system of information hyper control and persecution of dissident journalists and bloggers and that further evidence of this came in February 2020 when it arrested two of its citizens for taking it upon themselves to cover the coronavirus crisis The world s biggest jailer of journalists China is currently holding around 100 of whom the vast majority are Uyghurs 69 On 29 May 2022 the U S expressed concern over China s efforts to restrict and manipulate the UN human rights chief s visit to the Xinjiang region The conditions imposed by the Beijing authorities on Michelle Bachelet s visit did not enable a complete and independent assessment of the human rights environment in China 70 Freedom of the Internet Edit Main article Internet censorship in China More than sixty Internet regulations exist in mainland China and serve to monitor and control internet publication These policies are implemented by provincial branches of state owned Internet service providers companies and organizations 71 72 The apparatus of the PRC s and or CCP s Internet control is considered more extensive and more advanced than in any other country in the world The Golden Shield includes the ability to monitor online chatting services and mail identifying IPs and all of the person s previous communication and then being able to lock in on the person s location because a person will usually use the computer at home or at work which enables the arrest to be carried out 73 Amnesty International notes that China has the largest recorded number of imprisoned journalists and cyber dissidents in the world 74 and Paris based Reporters Without Borders stated in 2010 and 2012 that China is the world s biggest prison for netizens 75 76 As an example of the censorship in 2013 24 years after the 1989 Tiananmen Square protests and massacre online searches for the term Tiananmen Square were still censored by Chinese authorities 77 According to the Amnesty International report the controls on the Internet mass media and academia were significantly strengthened For instance Google YouTube Facebook and Wikipedia are banned in mainland China 78 79 80 81 Repression of religious activities outside of direct state control increased 17 Hukou system Edit Further information Hukou system The CCP came to power in the late 1940s and instituted a command economy In 1958 Mao Zedong the Chairman of the Chinese Communist Party adopted a residency permit system defining where people could work and classified workers as rural or urban 82 83 84 In this system a worker who was seeking to move from the country to an urban area in order to take up non agricultural work would have to apply for permission to do so through the relevant bureaucratic institutions There is uncertainty however as to how strictly the system has been enforced People who worked outside the region in which they were registered would not qualify for grain rations employer provided housing or health care 83 There were controls over education employment marriage and other areas of life 82 One reason which was cited for the instituting of this system was the desire to prevent the possible chaos which would be caused by predictable large scale urbanization 85 As a part of the one country two systems policy which was proposed by Deng Xiaoping and accepted by the British and Portuguese governments the special administrative regions SARs of Hong Kong and Macau retained separate border control and immigration policies with the rest of the PRC Chinese nationals had to gain permission from the government before they were allowed to travel to Hong Kong or Macau but this requirement was officially abolished for each SAR after its respective handover Since then restrictions which have been imposed by the SAR governments have been the main factors which limit travel In 2000 The Washington Times reported that although migrant labourers play a major role in spreading wealth in Chinese villages they are treated like second class citizens by a system which is so discriminatory that it has been likened to apartheid 86 Anita Chan also posits that the People s Republic of China s household registration and temporary residence permit system has created a situation which is analogous to the passbook system that was implemented in South Africa in order to control the supply and actions of cheap labourers 87 from underprivileged ethnic groups as well as to control the quality and quantity of such labourers In 2000 the Tibetan Centre for Human Rights and Democracy alleged that people of Han descent in Tibet have a far easier time acquiring the necessary permits to live in urban areas than ethnic Tibetans do 88 Abolition of this policy has been proposed in 11 provinces mainly along the developed eastern coast After a widely publicized incident in 2003 when a university educated migrant died in Guangdong province the law was changed in order to eliminate the possibility of summary arrest for migrant labourers The Beijing law lecturer who exposed the incident said it spelt the end of the hukou system he believed that in most smaller cities the system had been abandoned and it had almost lost its function in big cities like Beijing and Shanghai 89 Treatment of rural workers Edit In November 2005 Jiang Wenran acting director of the China Institute at the University of Alberta said that the hukou system was one of the most strictly enforced apartheid structures in modern world history 90 He stated Urban dwellers enjoy a range of social economic and cultural benefits while peasants the majority of the Chinese population are treated like second class citizens 90 The discrimination which was enforced by the hukou system became particularly onerous in the 1980s after hundreds of millions of migrant workers were forced out of state corporations co operatives and other institutions 91 Attempts to move to urban centers by workers who were classified as rural workers were tightly controlled by the Chinese bureaucracy which enforced its control by denying them access to essential goods and services such as grain rations housing and health care 83 and regularly closing down migrant workers private schools 91 The hukou system also enforced pass laws which have been compared to those which existed in apartheid South Africa 82 92 84 93 87 94 95 96 Rural workers who wanted to work in provinces other than their own were required to possess six passes 91 and the police periodically conducted raids in which they rounded up those workers who were without permits placed them in detention centers for a short period of time and then deported them 94 It is also found that rural workers have been paid under minimum wage to nothing at all A group of coal miners in Shuangyashan were being paid little to nothing With the families and people whom they had to care for each and every one of the workers protested for the money that they deserved 97 As in South Africa the restrictions placed on the mobility of migrant workers were pervasive 91 and transient workers were forced to live a precarious existence in company dormitories or shanty towns suffering abusive consequences 87 Anita Chan comments further that China s household registration and temporary residence permit system has created a situation analogous to the passbook system in apartheid South Africa which were designed to regulate the supply of cheap labor The Chinese Ministry of Public Security has justified these practices on the grounds that they have assisted the police in tracking down criminals and maintaining public order and they have also provided demographic data for government planning and programs 98 Freedom of association Edit Main articles Freedom of association and Labour law The People s Republic of China does not allow freedom of association in general in particular it does not allow a free choice of membership with trade unions and political parties Under the Universal Declaration of Human Rights UDHR articles 20 and 23 every worker has the right to join an association of their choosing to have their interests represented against their employer and to take collective action including the right to strike In China on a model similar to the Deutsche Arbeitsfront from 1934 to 1945 in Germany the All China Federation of Trade Unions has a monopoly on union activity it is effectively a nationalized organization This dynamic violates International Labour Organization Conventions Number 87 and 98 on freedom of association and collective bargaining The leadership of the ACFTU is not freely elected by its members and it is not independent from the state or employers citation needed The CCP effectively monopolizes organized political activity in China There is therefore no possibility of genuine electoral competition at any level of government nor within the Party itself This violates the UDHR article 21 1 which states Everyone has the right to take part in the government of his country directly or through freely chosen representatives Religious freedom Edit Main articles Religion in China Freedom of religion in China and Antireligious campaigns in China During the Cultural Revolution 1966 1976 particularly during the Destruction of the Four Olds campaign religious affairs of all types were persecuted renunciated and strongly discouraged by Chairman Mao Zedong s government and its ideological allies Many religious buildings were looted or destroyed Since then there have been efforts to repair reconstruct and protect historical and cultural religious sites 99 In its International Religious Freedom Report for 2013 the US Department of State criticized the PRC as follows The government s respect for and protection of the right to religious freedom fell well short of its international human rights commitments The government harassed detained arrested or sentenced to prison a number of religious adherents for activities reported to be related to their religious beliefs and practices These activities included assembling for religious worship expressing religious beliefs in public and in private and publishing religious texts There were also reports of physical abuse and torture in detention 100 The 1982 Constitution provides its citizens the right to believe in any religion as well as the right to refrain from doing so Citizens of the People s Republic of China enjoy freedom of religious belief No state organization public organization or individual may compel citizens to believe in or not to believe in any religion nor may they discriminate against citizens who believe in or do not believe in any religion The state protects normal religious activities No one may make use of religion to engage in activities that disrupt public order impair the health of citizens or interfere with the educational system of the state Religious bodies and religious affairs are not subject to any foreign domination 101 Members of the Communist Party are officially required to be atheists 102 but this rule is not regularly enforced and many party members privately engage in religious activities 103 Global studies from Pew Research Center in 2014 and 2017 ranked the Chinese government s restrictions on religion as among the highest in the world despite low to moderate rankings for religious related social hostilities in the country 104 105 Christianity Edit See also Persecution of Christians in China The Chinese government tries to maintain tight control over all organized religion including Christianity The only legal Christian groups are the Three Self Patriotic Movement and the Chinese Patriotic Catholic Association the latter of which has been condemned by the Pope 106 Both of these groups are under the control of the CCP The members of the illegal underground Catholic church and members of Protestant house churches face prosecution from PRC authorities 107 108 In 2007 the Chinese Patriotic Catholic Association elected a Catholic bishop of Beijing to replace the deceased Fu Tieshan 109 The standard Catholic practice is for a bishop to be appointed by the Pope 110 the Catholic Church does not recognize the legitimacy of bishops elected by the Association but not appointed by the Pope 106 According to Pope Benedict XVI the Catholic Church in particular is viewed in China as a foreign power Its situation is somewhat analogous to that of the Catholic Church in Post Reformation England in which the official church was also controlled by the state 107 111 In early January 2018 Chinese authorities in Shanxi province demolished a church which created a wave of fear among the Christians 112 113 In reports of countries with the strongest anti Christian persecution China was ranked by the Open Doors organization in 2019 as the 27th most severe country 104 105 and in 2020 as 23rd most severe 114 Tibet Buddhist ShrineTibetan Buddhism Edit The Dalai Lama is a highly influential figure in Tibetan Buddhism who has traditionally lived in Tibet Because of Chinese governmental control over the Tibetan area the current Dalai Lama resides in Dharamshala Himachal Pradesh in the Republic of India In a regulation promulgated 3 August 2007 the Chinese government declared that after 1 September 2007 no living Buddha may be reincarnated without government approval since the Qing dynasty when the live Buddha system was established 115 better source needed The PRC Government appointed Panchen Lama is labelled a fake 116 by those who regard the PRC s effort to control organized religion as contradictory to the Universal Declaration of Human Rights and other ethical principles Examples of the political controls exercised over religion in 1998 include 117 quotas on the number of monks to reduce the spiritual population forced denunciation of the Dalai Lama as a spiritual leader the expulsion of unapproved monks from monasteries forced recitation of patriotic scripts supporting China restriction of religious study before age 18Monks celebrating the reception of the US Congressional Gold Medal 118 by the Dalai Lama have been detained by the PRC 119 In November 2012 the United Nations Human Rights Commissioner urged the PRC to address the allegations of rights violations in Tibet the violations had led to an alarming escalation of desperate forms of protest in the region including self immolations 62 Amnesty International report reports that Xinjiang Uighur Autonomous Region and in Tibetan populated areas 120 Uyghurs Edit See also Uyghur genocide and Xinjiang internment campsArticle 36 of the PRC Constitution provides constitutional protection for citizens freedom of religion and the country s official ethnic policies also reiterate protection of the freedom of religion of ethnic minorities but in practice the Uyghur population predominantly living in the Xinjiang Uyghur Autonomous Region are subject to strict controls on the practice of Islam 121 Examples of these restrictions now include Official religious practices must be held in government approved mosques Uyghurs under 18 years old are not allowed to enter mosques or pray in school The study of religious texts is only permitted in designated state schools Government informers regularly attend religious gatherings in mosques Women are not allowed to wear headscarves and veils and men are not allowed to have beards The use of traditionally Islamic names e g Abdul is bannedSince the September 11 attacks in 2001 Chinese counter terror legislation has made explicit links between religion and extremism and has led to regulations that explicitly ban religious expression among Uyghurs in particular Since 2017 reports have surfaced that around a million Muslims Uyghur Chinese citizens and some Central Asian nationals were detained in internment camps throughout Xinjiang without trial or access to a lawyer 122 In these camps they were allegedly re educated to disavow their Islamic beliefs and habitats while praising the Communist Party The camps have expanded rapidly with almost no judicial process or legal paperwork 122 Chinese officials are quoted in state media as saying that these measures are to fight separatism and Islamic extremism 123 124 125 126 Critics of the policy have described it as the sinicization of Xinjiang and called it an ethnocide or cultural genocide 125 127 128 129 130 131 with many activists NGOs human rights experts government officials and the U S government calling it a genocide 132 133 134 135 136 137 138 139 New bans and regulations were implemented on 1 April 2017 Abnormally long beards and wearing veils in public were both banned 140 Not watching state run television or listening to radio broadcasts refusing to abide by family planning policies or refusing to allow one s children to attend state run schools were all prohibited 140 Giving a child a name that would exaggerate religious fervor such as Muhammad was made illegal Along with this many mosques were demolished or destroyed 140 According to Radio Free Asia the Chinese government jailed Uyghur Imam Abduheber Ahmet after he took his son to a religious school not sanctioned by the Chinese state Ahmet had previously been lauded by China as a five star imam but was sentenced in 2018 to over five years in prison for his action 141 Also in 2018 over one million Chinese government workers began forcibly living in the homes of Uyghur families to monitor and assess resistance to assimilation and to watch for frowned upon religious or cultural practices 142 143 These government workers were trained to call themselves relatives and have been described in Chinese state media as being a key part of enhancing ethnic unity 142 In addition records of the government indicate that thousands of Uighur children have been separated from their parents 144 New evidence shows that over 9 500 children in Yarkand county had at least one parent detained most of them are Uighur children 144 According to the researcher Adrian Zenz in 2019 the number of children living in boarding facilities increased by 76 reaching a total of 880 500 children 144 In March 2020 the Chinese government was found to be using the Uyghur minority for forced labor inside sweat shops According to a report published then by the Australian Strategic Policy Institute ASPI no fewer than around 80 000 Uyghurs were forcibly removed from the region of Xinjiang and used for forced labor in at least twenty seven corporate factories 145 According to the Business and Human Rights resource center corporations such as Abercrombie amp Fitch Adidas Amazon Apple BMW Fila Gap H amp M Inditex Marks amp Spencer Nike North Face Puma PVH Samsung and UNIQLO have sourced from these factories prior to the publication of the ASPI report 146 On 19 July 2020 British Foreign Secretary Dominic Raab accused the PRC of gross and egregious human rights abuses against its Uyghur population He added that while Britain wanted good relations with China it could not stand by the reports of forced sterilization and mass education camps targeting the Uyghur population in Xinjiang It is believed that up to a million Uyghur people have been detained over the past few years in what the Chinese state defines as re education camps 147 On 24 July 2020 two Members of the European Parliament Hilde Vautmans and Katalin Cseh wrote a letter to Josep Borrell Fontelles the vice president of the European Commission urging him to punish mainland China for violating the human rights of its Uyghur population and Hong Kong citizens They also stated to enact EU Magnitsky Act in order to sanction the leaders who committed these human rights violations 148 On 28 July 2020 a report documented that the US government and several activist groups mounted pressure on global businesses to reexamine and cut ties with China s Xinjiang region where allegations of human rights violations have run rampant for years The Uyghurs and other Muslim minority groups in the region have been imprisoned in internment camps and are forced to work 149 On 31 August 2020 human rights campaigners requested the US authorities to ban all imports of cotton from the Chinese province of Xinjiang due to allegations of widespread forced labour The documents cited substantial evidence that the Uighur community and other minority groups in China were being press ganged into working in the region s cotton fields 150 On 10 October 2020 the UK shadow foreign secretary Lisa Nandy urged Britain to block China s seat on the United Nations Human Rights Council over the country s treatment of Uyghur Muslims 151 On 19 January 2021 outgoing Secretary of State Mike Pompeo formally declared that China is committing a genocide against the Uighurs and crimes against humanity In a written letter Pompeo wrote I believe this genocide is ongoing and that we are witnessing the systematic attempt to destroy Uyghurs by the Chinese party state 152 Pompeo called for all appropriate multilateral and relevant juridical bodies to join the United States in our effort to promote accountability for those responsible for these atrocities 153 China strongly denies that human rights abuses are going on in Xinjiang 152 Pompeo has previously stated that China is trying to erase its own citizens 154 In 2021 independent sources reported that Uyghur women in China s internment camps have been systematically raped sexually abused and tortured 155 Victims said there is a system of organized rape 155 The Chinese police also electrocute and torture them 155 There is planned dehumanization sterilization and torture 155 China has undertaken a deliberate campaign to weaken and eradicate any vestiges of Uighur culture employing measures such as curtailing religious liberties and enforcing assimilation Detainees have recounted experiences of being coerced to abandon their beliefs and swear allegiance to the CCP using methods reminiscent of psychological manipulation 156 On 16 August 2021 a young Chinese woman named Wu Huan told the Associated Press in her testimony that she was allegedly held for eight days at a Chinese run secret detention facility in the United Arab Emirates along with two other Uyghurs Wu Huan said she was abducted from a hotel in Dubai and detained by Chinese officials at a villa converted into a jail It was the first evidence that China was operating a black site beyond its borders 157 On 31 August 2022 the UN Human Rights Office issued an assessment of human rights concerns in Xinjiang Uyghur Autonomous Region The report published in the wake of the visit by UN High Commissioner of Human Rights Michelle Bachelet stated that allegations of patterns of torture or ill treatment including forced medical treatment and adverse conditions of detention are credible as are allegations of individual incidents of sexual and gender based violence 158 Falun Gong Edit Main article Persecution of Falun Gong Following a period of meteoric growth of Falun Gong in the 1990s the Communist Party led by General Secretary Jiang Zemin banned Falun Gong on 20 July 1999 An extra constitutional body called the 6 10 Office was created to lead the suppression of Falun Gong 159 The authorities mobilized the state media apparatus judiciary police army the education system families and workplaces against the group 160 The campaign is driven by large scale propaganda through television newspaper radio and internet 161 There are reports of systematic torture 162 163 illegal imprisonment forced labour organ harvesting 164 and abusive psychiatric measures with the apparent aim of forcing practitioners to recant their belief in Falun Gong 165 Foreign observers estimate that hundreds of thousands and perhaps millions of Falun Gong practitioners have been detained in re education through labor camps prisons and other detention facilities for refusing to renounce the spiritual practice 159 166 Former prisoners have reported that Falun Gong practitioners consistently received the longest sentences and worst treatment in labour camps and in some facilities Falun Gong practitioners formed the substantial majority of detainees 167 168 As of 2009 at least 2 000 Falun Gong adherents had been tortured to death in the persecution campaign 169 with some observers putting the number much higher 170 Some international observers and judicial authorities have described the campaign against Falun Gong as a genocide 171 172 In 2009 courts in Spain and Argentina indicted senior Chinese officials for genocide and crimes against humanity for their role in orchestrating the suppression of Falun Gong 173 174 175 Organ harvesting Edit Main article Organ harvesting from Falun Gong practitioners in China In 2006 allegations emerged that the vital organs of non consenting Falun Gong practitioners had been used to supply China s organ tourism industry 164 176 In 2008 two United Nations Special Rapporteurs reiterated their requests for the Chinese government to fully explain the allegation of taking vital organs from Falun Gong practitioners and the source of organs for the sudden increase in organ transplants that has been going on in China since the year 2000 177 Matas and Kilgour and Gutmann have between them published three books alleging organ harvesting in China 170 178 179 The Kilgour Matas report 164 180 181 stated the source of 41 500 transplants for the six year period 2000 to 2005 is unexplained and we believe that there has been and continues today to be large scale organ seizures from unwilling Falun Gong practitioners 164 Ethan Gutmann who interviewed over 100 individuals as witnesses estimated that 65 000 Falun Gong prisoners were killed for their organs from 2000 to 2008 170 182 183 184 Political freedom Edit The People s Republic of China is a signatory to the International Covenant on Civil and Political Rights but has not ratified it Legally all citizens of the People s Republic of China who have reached the age of 18 have the right to vote and stand for election regardless of ethnicity race sex occupation family background religious belief education property status or length of residence except for persons deprived of political rights according to laws imposed by the CCP s Constitution 185 In Mao s China the CCP openly repressed all opposing political groups This behaviour is now reflected in the judicial system and has evolved into the selective repression of small groups of people who overtly challenge the CCP s power 186 or its people s democratic dictatorship The most recent major movement advocating for political freedom was obliterated through the Tiananmen Square Massacre in 1989 the estimated death toll of which ranges from about 200 to 10 000 depending on sources 187 188 In November 1992 192 Chinese political activists and democracy advocates submitted a petition to the 16th National Congress of the Chinese Communist Party to introduce political reforms One of the six demands was the ratification of the Covenant As a reaction to the petition the Chinese authorities arrested Zhao Changqing proponent of the petition and are still holding a number of activists for attempted subversion One of the most famous dissidents is Zhang Zhixin who is known for standing up against the ultra left 189 In October 2008 the government denounced the European Parliament s decision to award the Sakharov Prize for Freedom of Thought to political prisoner Hu Jia maintaining that it was gross interference in China s domestic affairs to give such an award to a jailed criminal in disregard of the Chinese government s repeated representations 190 Although the Chinese government does not violate its people s privacy as much or as overtly as it used to 191 it still deems it necessary to keep track of what people say in public Internet forums are strictly monitored as are international postal mail which sometimes is inexplicably delayed or simply disappears and e mail 192 Local officials are chosen by election and even though non Communist Party candidates are allowed to stand those with dissident views can face arbitrary exclusion from the ballot interference with campaigning and even detention 193 Freedom House rates China as a 6 the second lowest possible rank in political freedoms In 2011 the organization said of the Chinese political leadership With a sensitive change of leadership approaching in 2012 and popular uprisings against authoritarian regimes occurring across the Middle East the ruling Chinese Communist Party showed no signs of loosening its grip on power in 2011 Despite minor legal improvements regarding the death penalty and urban property confiscation the government stalled or even reversed previous reforms related to the rule of law while security forces resorted to extralegal forms of repression Growing public frustration over corruption and injustice fueled tens of thousands of protests and several large outbursts of online criticism during the year The party responded by committing more resources to internal security forces and intelligence agencies engaging in the systematic enforced disappearance of dozens of human rights lawyers and bloggers and enhancing controls over online social media 194 Jiang Tianyong is the latest lawyer known for defending jailed critics of the government In the 709 crackdown which began in 2015 more than 200 lawyers legal assistants and activists including Jiang were arrested and or detained 195 Independence movements Edit The independence movements in China are mainly contained within the Inner Mongolian Regions the Tibetan region and the Xinjiang region 196 These regions contain people from ethnic and religious minority groups such as the Mongols the Tibetans and the Uyghurs 196 The Chinese government has had strained relations with these regions since the early 1910s when the first president of the Chinese Republic Sun Yat sen suggested a plan to move a large number of Han people from Southeast China to Northwest China in an effort to assimilate the ethnic minorities that lived in the area 196 While Sun Yat sen lost political power before he could enforce this plan his sinocentric assimilationist attitude was adopted by future leader Chiang Kai shek 196 Chiang Kai shek enacted educational policy that encouraged cultural assimilation and discouraged self determinism until 1945 when Chiang Kai shek and his Nationalist party became more lenient towards the various ethnic minorities 196 From this time until the establishment of the People s Republic of China under Mao Zedong ethnic minorities experienced great independence from the Chinese government with Mongolia becoming an independent state in 1921 and Xinjiang being named an autonomous region in 1955 196 Tibetan Mongolian and Xinjiang independence was severely restricted by the Communist Party in the 1950s under Mao Zedong with the forced annexation of Inner Mongolia Tibet and Xinjiang back into mainland China leading to many protests and riots from the ethnic and religious minorities in the autonomous regions 196 From this point onwards there has been a sustained outpouring of secessionist and independence movements from China s autonomous regions 196 Currently the largest independence struggle is being waged by the Muslim Turkic population of Xinjiang which shares minimal cultural lingual and historical similarities with the Han population in China 196 While the Chinese government under Deng Xiaoping promised to grant some advantages to the population of Xinjiang such as practising affirmative action in universities greater liberties with regard to China s one child policy and increased government subsidies in the region the government also discourages and restricts the Muslim Turkic ethnic population from freely practising its religion expressing its faith by wearing head scarves fasting growing facial hair and building mosques freely 197 Furthermore because of the advantages which the Chinese government grants to the people of Xinjiang many Han Chinese are prejudiced against them and their prejudice against the Uyghurs is bolstered by the widespread belief that the government unfairly grants preferential treatment to ethnic minorities in general 197 One noteworthy event is the Feb 1997 riots in Yining a county which is located between Kazakhstan and Xinjiang during which 12 independence movement leaders were executed and 27 others were arrested and incarcerated 196 Moreover almost 200 Uyghurs were killed and over 2 000 more Uyghurs were arrested 196 In 2008 riots broke out within Tibetan regions such as Lhasa and anti Han pogroms were committed in Urumqi Xinjiang in July 2009 197 In response to these riots the Chinese government has increased its police presence in these regions 198 and it has also sought to control offshore reporting and intimidate foreign based reporters by detaining their family members 199 Political abuse of psychiatry Edit Political abuse of psychiatry began to be practised in mainland China during the 1950s shortly after Mao Zedong established the People s Republic of China and continues to be practised in different forms up to present day 200 Initially under Mao Zedong the practice of psychiatry in China saw legitimate improvements in the breadth and quality of treatments 200 However as time passed under the direction of Mao Zedong and the campaign of ideological reform was implemented psychiatric diagnoses became used as a way to control and incarcerate Chinese citizens who didn t subscribe to Maoist ideologies such as Marxism Leninism 201 The main demographic of Chinese citizens being targeted and placed in mental asylums were academics intellectuals students and religious groups for their capitalist tendencies and bourgeois worldview 202 The justification for placing those who didn t comply with Maoist principles in mental institutions was the belief that non Maoist political ideologies such as capitalism caused extreme individualism and selfishness which contributed to mental disabilities such as schizophrenia and paranoid psychosis 202 Maoists justified their claim that anti Communist beliefs caused mental imbalances by making a positive correlation between the wealth and class of a particular group of people and the number of mentally ill people within that group 200 Political abuse of psychiatry in mainland China peaked from the mid 1960s to the late 1970s 200 During this time Chinese counterrevolutionists and political dissidents were placed into mental asylums where they were treated with psychotherapy xinli zhiliao resembling political indoctrination sessions 202 During this time statistics indicate that there were more political activists being held in mental institutions than the number of rapists murderers arsonists and other violent mentally ill people combined 201 The human rights activist Wei Jingsheng was among the first to speak out about the misappropriation of psychiatry for political purposes in the winter of 1978 however in response to his advocacy he was imprisoned and subjected to involuntary drugging and beating by the Chinese government 202 After the end of the Cultural Revolution in the late 1970s the abuse of psychiatry for political purposes continually diminished until the 1990s when there was a resurgence in politically motivated psychiatric diagnoses towards political dissidents and minority religious groups 200 During this more recent wave of Chinese forensic psychiatry political dissidents and practicers of non mainstream religions were sent to Ankang meaning peace and health hospitals 203 These hospitals built to hold the criminally insane are managed by Bureau No 13 of China s Ministry of Public Security 200 Ankang hospitals have been the target of much scrutiny by human rights activists and organizations both inside and outside of China and reports indicate inhumane treatment of patients inside these hospitals 203 Patients in these hospitals are forced to work at least 7 hours a day and are subjected to torture including acupuncture with electric currents forced injection of drugs that are known to damage the central nervous system and physical abuse with ropes and electric batons 203 Furthermore reports by Chinese surgeons at these hospitals report on the use of psychosurgery on patients who were involuntarily placed in these hospitals to reduce violent and impulsive behaviors 203 One of the most targeted groups of Chinese citizens to be placed in Ankang hospitals are the practicers of Falun Gong who have what is termed evil cult induced mental disorder or xiejiao suo zhi jingshen zheng ai by Chinese psychiatry 202 Over 1000 practitioners have been incarcerated in mental asylums across 23 provinces cities and autonomous regions 203 One of the most famous cases of politically motivated psychiatric diagnoses took place in 1992 when Wang Wanxing was arrested for displaying a pro democracy banner in Tiananmen Square 203 After Wang s arrest his wife signed a statement confirming his mental instability because police told her that doing so would ensure Wang s immediate release 203 However Wang was instead placed in the Beijing Ankang hospital 203 He was exiled to Germany in 2005 204 The People s Republic of China is the only country which currently abuses psychiatry for political purposes in a systematic way and despite international criticism this abuse seems to be continuing as of 2010 205 Political abuse of psychiatry in the People s Republic of China is high on the agenda in the international psychiatric community and has produced recurring disputes 205 The abuses there appear to be even more widespread than in the Soviet Union in the 1970s and 1980s and involve the incarceration of petitioners human rights workers trade union activists followers of the Falun Gong movement and people complaining against injustices by local authorities 205 In August 2002 the General Assembly of the WPA was held during the WPA World Congress in Yokohama 206 247 The issue of Chinese political abuse of psychiatry was placed on the agenda of the General Assembly and a decision was made to send an investigative mission to China 206 252 The visit was projected for the spring of 2003 in order to assure that a representative of the WPA could present a report during the Annual Meeting of the American Psychiatric Association in May 2003 as well as at the annual meeting of the British Royal College of Psychiatrists in June and July of that year 206 252 The 2003 investigative mission never took place and when the WPA did organize a visit to China it was more a scientific exchange 206 252 In the meantime the political abuse of psychiatry persists unabated 206 252 Political prisoners Edit Main article List of Chinese dissidents The Chinese government has a history of imprisoning citizens for political reasons Article 73 of China s Criminal Procedure Law was adopted in 2012 and allow the authorities to detain people for reasons of state security or terrorism In this regard detainees can be held for as long as six months in designated locations such as secret prisons 207 The number of political prisoners peaked during the Mao era and it has been decreasing ever since 208 From 1953 to 1975 around 26 to 39 per cent of prisoners were incarcerated for political reasons 208 By 1980 the percentage of prisoners incarcerated for political reasons was only 13 per cent and this figure decreased to 0 5 per cent in 1989 and 0 46 per cent in 1997 208 1997 is also the year that the Chinese Criminal Law was amended to replace counterrevolutionary crime with crimes endangering national security 209 During the Mao era one notorious labour camp called Xingkaihu which was located in the northeastern Heilongjiang Province was operated from 1955 to 1969 210 During this time over 20 000 inmates were forced to work on irrigation infrastructure construction and agricultural projects for the government while being subjected to ideological reform a significant percentage of these inmates were incarcerated for being counterrevolutionaries and political dissidents 210 The conditions in Xingkaihu were so poor that many inmates eventually died due to malnutrition and disease 210 More recently since the spring of 2008 the Chinese government has detained 831 Tibetans as political prisoners of these 831 prisoners 12 are serving life sentences and 9 were sentenced to death 211 In 2009 Nobel Laureate Liu Xiaobo was imprisoned for advocating democratic reforms and increased freedom of speech in Charter 08 212 In 2017 he died in prison from late stage liver cancer at the age of 61 212 Other political prisoners include journalist Tan Zuoren human rights activist Xu Zhiyong and journalist Shi Tao 213 Tan Zuoren was arrested in 2010 and sentenced to 5 years in prison after publicly speaking about government corruption as well as the poorly constructed school buildings that collapsed and led to the deaths of thousands of children during the 2008 earthquake in Sichuan 213 Xu Zhiyong was sentenced to four years in prison in 2014 after gaining a significant social media following and using it as a platform to express his sociopolitical opinions 213 Shi Tao was sentenced to 8 years after publicizing the list of instructions that the Communist Party sent journalists regarding how to report the 15th anniversary of the Tiananmen Square Massacre 213 On 30 June 2020 Sun Qia a Chinese born woman who immigrated to Canada and was a Falun Gong practitioner was sentenced to eight years in jail for belonging to a spiritual movement that Beijing calls a cult Ms Sun told a lawyer that she was mentally tortured in the prison and pepper sprayed while restrained 214 Cheng Lei an Australian TV host working at China s state broadcaster was detained by the Chinese authorities On 14 August 2020 the Australian Government received a formal notification of her detention Australia s minister for foreign affairs Marise Payne said that Lei had been detained without any charges and could be held for months The arrest came as tensions between both the countries grew over investigation of the COVID 19 pandemic in Beijing followed by trade suspension to Australia 215 Pro democracy movements Edit Some people have campaigned against the one party Communist rule in Mainland China over the years Freedom of assembly and association Edit The freedom of assembly is provided by the Article 35 of the Chinese Constitution The Article 51 however restricts its exercise such right may not infringe upon the interests of the state 216 217 Human rights activists such as Xie Xang fight for the rights of Chinese people by protesting slandering the governments names on social media and by filing lawsuits Xang has commented on the punishment he received for protesting claiming that he was interrogated while shackled onto a metal chair forced to sit in stressful positions for a set amount of time and tortured physically and mentally He also quoted his interrogators stating that he was told that I could torture you to death and no one could help you 218 Freedom of movement and privacy Edit See also Chunyun Real name and ID requirement for train tickets In 2010 in response to Chunyun increase in traffic movements due to Chinese New Year 219 which has caused various problems with tickets prices due to resale by speculative traders 219 a system similar to blogs related real name identification system was introduced on nine railroad stations It requires the transport companies to demand far travellers to provide their name for their tickets Several critics and media have raised concerns about its possible privacy violations and freedom of movement rights restrictions risks 220 One child policy 1979 2015 EditMain article One child policy Government sign stating For a prosperous powerful nation and a happy family please use birth planning The Chinese government s birth control policy known widely as the one child policy was implemented in 1979 by chairman Deng Xiaoping s government to alleviate the overpopulation problem Having more than one child was illegal and punishable by fines This policy was replaced with a two child policy in 2015 221 In May 2021 the policy was further relaxed to a three child policy 222 and all restrictions were removed in July 2021 223 In 2005 Voice of America cited critics who argued that the one child policy contributed to forced abortions human rights violations female infanticide abandonment and sex selective abortions which are believed to be relatively commonplace in some areas of the country 224 Sex selective abortions are thought to have been a significant contribution to the gender imbalance in mainland China where there is a 118 100 ratio of male to female children reported 225 226 227 Forced abortions and sterilizations have also been reported 228 229 Chinese state run media reported on 3 June 2013 that the city of Wuhan was considering legislation to fine women who have children out of wedlock or with men who were already married The fine was considered a social compensation fee and has been sharply criticized for potentially exacerbating the problem of abandoned children 230 Capital punishment EditMain article Capital punishment in the People s Republic of China According to Amnesty International throughout the 1990s more people were executed or sentenced to death in China than in the rest of the world put together 23 Officially the death penalty in mainland China is only administered to offenders who commit serious and violent crimes such as aggravated murder but China retains in law a number of nonviolent death penalty offences such as drug trafficking The People s Republic of China administers more official death penalties than any other country though other countries such as Iran and Singapore have higher official execution rates 231 Reliable NGOs such as Amnesty International and Human Rights in China have informed the public that the total execution numbers with unofficial death penalties included greatly exceed officially recorded executions in 2009 the Dui Hua Foundation estimated that 5 000 people were executed in China far more than all other nations combined 232 The precise number of executions is regarded as a state secret PRC authorities have recently been pursuing measures to reduce the official number of crimes punishable by death and limit how much they officially utilize the death penalty In 2011 the National People s Congress Standing Committee adopted an amendment to reduce the number of capital crimes from 68 to 55 233 Later the same year the Supreme People s Court ordered lower courts to suspend death sentences for two years and to ensure that it only applies to a very small minority of criminals committing extremely serious crimes 234 The death penalty is one of the classical Five Punishments of the Chinese Dynasties In Chinese philosophy the death penalty was supported by the Legalists but its application was tempered by the Confucianists who preferred rehabilitation over punishment of any sort including capital punishment 235 In Communist philosophy Vladimir Lenin urged the retention of the death penalty whilst Karl Marx and Friedrich Engels claimed that the practice was feudal and a symbol of capitalist oppression Chairman Mao of the CCP and his government retained the death penalty s place in the legal system whilst advocating that it be used for a limited number of counterrevolutionaries The market reformer Deng Xiaoping after him stressed that the practice must not be abolished and advocated its wider use against recidivists and corrupt officials Leaders of the PRC s minor non communist parties have also advocated for greater use of the death penalty Both Deng and Mao viewed the death penalty as having tremendous popular support and portrayed the practice as a means to assuage the people s anger 235 The death penalty has widespread support in mainland China especially for violent crimes and no group in government or civil society vocally advocates for its abolition 235 Surveys conducted by the Chinese Academy of Social Sciences in 1995 for instance found that 95 per cent of the Chinese population supported the death penalty and these results were mirrored in other studies 236 Polling conducted in 2007 in Beijing Hunan and Guangdong found a more moderate 58 per cent in favour of the death penalty and further found that a majority 63 8 per cent believed that the government should release execution statistics to the public 232 A total of 46 crimes are punishable by death including some non violent white collar crimes such as embezzlement and tax fraud Execution methods include lethal injections and shooting 237 The People s Armed Police carries out the executions usually at 10 00 am 238 Death sentences in post Maoist mainland China can be politically or socially influenced In 2003 a local court sentenced the leader of a triad society to a death sentence with two years of probation However the public opinion was that the sentence was too light Under public pressure the supreme court of Communist China took the case and retried the leader resulting in a death sentence which was carried out immediately 239 Execution protocol Edit The execution protocol is defined in criminal procedure law under article 212 240 Before a people s court executes a death sentence it shall notify the people s procuratorate at the same level to send personnel to supervise the execution Death sentences shall be executed by means of shooting or injection Death sentences may be executed at the execution ground or in designated places of custody The judicial personnel directing the execution shall verify the identity of the criminal offender ask him if he has any last words or letters and then deliver him to the executioner for the death sentence If before the execution it is found that there may be an error the execution shall be suspended and the matter shall be reported to the Supreme People s Court for decision Execution of death sentences shall be announced to the public but shall not be held in public The attending court clerk shall after an execution make a written record thereon The people s court that caused the death sentence to be executed shall submit a report on the execution to the Supreme People s Court The people s court that caused the death sentence to be executed shall after the execution notify the family of the criminal offender In some areas of mainland China there is no specific execution ground A scout team chooses a place in advance to serve as the execution ground In such a case the execution ground normally will have three perimeters the innermost 50 meters is the responsibility of the execution team the 200 meter radius from the center is the responsibility of the People s Armed Police and the 2 kilometer alert line is the responsibility of the local police The public is generally not allowed to view the execution The role of the executioner was fulfilled in the past by the People s Armed Police In recent times the legal police force Chinese 法警 pinyin fǎ jǐng assumed this role Since 1949 the most common method of execution has been execution by firing squad This method has been largely superseded by lethal injection using the same three drug cocktail pioneered by the United States introduced in 1996 Execution vans are unique to mainland China however Lethal injection is more commonly used for economic crimes such as corruption while firing squads are used for more common crimes like murder In 2010 Chinese authorities moved to have lethal injection become the dominant form of execution in some provinces and municipalities it is now the only legal form of capital punishment 241 The Dui Hua foundation notes that it is impossible to ascertain whether these guidelines are closely followed as the method of execution is rarely specified in published reports 232 Criticism Edit Human rights groups and foreign governments have heavily criticized the PRC s use of the death penalty for a variety of reasons including its application for non violent offences allegations of the use of torture to extract confessions legal proceedings that do not meet international standards and the government s failure to publish statistics on the death penalty 242 However as acknowledged by both the Chinese Supreme Court and the United States Department of State the vast majority of death sentences are given for violent nonpolitical crimes which would be considered serious in other countries 235 The Coalition to Investigate the Persecution of Falun Gong has accused Chinese hospitals of using the organs of executed prisoners for commercial transplantation 243 Under Chinese law condemned prisoners must give written consent to become organ donors but because of this and other legal restrictions on organ donation an international black market in organs and cadavers from China has developed 244 245 In 2009 Chinese authorities acknowledged that two thirds of organ transplants in the country could be traced back to executed prisoners and announced a crackdown on the practice 246 United States Edit Main article Foreign policy of the Bill Clinton administration Running for president in 1992 Bill Clinton sharply criticized his predecessor George H W Bush for prioritizing profitable trade relationships over human rights issues in mainland China As president 1993 2001 however Clinton backed away from his position He did articulate a desired set of goals for mainland China They included free emigration no exportation of goods made with prison labour release of peaceful protesters treatment of prisoners in terms of international standards recognition of the distinct regional culture of Tibet permitting international television and radio coverage and observation of human rights specified by United Nations resolutions China refused to comply and by summer 1994 Clinton admitted defeat and called for a renewal of normalized trade relations However congressional pressure especially from Republicans forced Clinton to approve arms sales to Taiwan despite the strong displeasure voiced by Beijing 247 In 2020 president Donald Trump praised China s use of the death penalty 248 Wrongful executions Edit An estimate of over 1000 people are executed every year in mainland China Most of these executions are due to crimes that are seen as intolerable to the society within mainland China and the People s Republic of China There are some cases that have been held wrongly 249 At least four people have been considered wrongfully executed by PRC courts Wei Qing an 魏清安 circa 1951 1984 was a Chinese citizen who was executed for the rape of Liu a woman who had disappeared The execution was carried out on 3 May 1984 by the Intermediate People s Court In the next month Tian Yuxiu 田玉修 was arrested and admitted that he had committed the rape Three years later Wei was officially declared innocent 250 Teng Xingshan 滕兴善 1989 was a Chinese citizen who was executed for having raped robbed and murdered Shi Xiaorong 石小荣 a woman who had disappeared An old man found a dismembered body and police forensics claimed to have matched the body to the photo of the missing Shi Xiaorong The execution was carried out on 28 January 1989 by the Huaihua Intermediate People s Court In 1993 the missing woman returned to the village saying she had been kidnapped to Shandong The absolute innocence of the executed Teng was not admitted until 2005 251 Nie Shubin 聂树斌 1974 1995 was a Chinese citizen who was executed for the rape and murder of Kang Juhua 康菊花 a woman in her thirties The execution was carried out on 27 April 1995 by the Shijiazhuang Intermediate People s Court In 2005 ten years after the execution Wang Shujin 王书金 admitted to the police that he had committed the murder Therefore it has been indicated that Nie Shubin had been innocent all along 252 249 Torture EditAlthough the People s Republic of China outlawed torture in 1996 human rights groups say brutality and degradation are common in Chinese arbitrary detention centers Laojiao prisons and black jails People who are imprisoned for their political views human rights activities or religious beliefs have a high risk of being tortured 253 Strategies of torture inside black jail include deprivation of sleep food and medication The strategies are all quite inhumane conditions In a specific case a woman named Huang Yan was imprisoned for her political views and included the deprivation of medication She had diabetes and ovarian cancer which required her to take medication Tests have shown that the ovarian cancer have spread throughout her body 254 While the existence of black jails is acknowledged by at least part of the government 255 the CCP strongly denies facilitating the operation of such jails and officially cracks down on them leading to at least one trial 256 In May 2010 the PRC authorities officially passed new regulations in an attempt to nullify evidence gathered through violence or intimidation in their official judicial procedures and to reduce the level of torture administered to prisoners already in jails Little is known however about whether or how procedures were modified in black jails which are not officially part of the judicial system The move came after a public outcry following the revelation that a farmer convicted for murder based on his confession under torture was in fact innocent The case came to light only when his alleged victim was found alive after the defendant had spent ten years in prison 257 International human rights groups gave the change a cautious welcome 258 Torture is reportedly used as part of the indoctrination process at the Xinjiang internment camps 259 260 The torture is alleged to include waterboarding and sexual violence 261 262 Ethnic minorities EditMain articles List of ethnic groups in China List of endangered languages in China Ethnic minorities in China and Racism in China Chinese Communist Party general secretary Xi Jinping ordered to establish Xinjiang internment camps 263 There are 55 officially recognized native ethnic minorities in China Article 4 of the Chinese constitution states All nationalities in the People s Republic of China are equal and the government argues that it has made efforts to improve ethnic education and increased ethnic representation in local government Some groups are still fighting for recognition as minorities In the 1964 Census there were 183 nationalities registered of which the government recognized 54 264 Some policies cause reverse racism in which Han Chinese or even ethnic minorities from other regions are treated as second class citizens in the ethnic region 265 266 Similarly there are wide ranging preferential policies affirmative action programs in place to promote social and economic development for ethnic minorities including preferential employment political appointments and business loans 267 Universities typically have quotas reserved for ethnic minorities even if they have lower admission test scores 268 Ethnic minorities are also more often exempt from the one child policy which targets the Han Chinese Stern punishments of independence seeking demonstrators rioters or terrorists 269 have led to mistreatment of the Tibetan and Uyghur minorities in Western China The United States in 2007 refused to help repatriate five Chinese Uyghur Guantanamo Bay detainees because of past treatment of the Uigur minority 270 In its 2007 annual report to the U S Congress the Congressional Executive Commission on China said the Chinese government provides incentives for migration to the region from elsewhere in China 271 Xi Jinping the General Secretary of the Chinese Communist Party paramount leader said in April 2014 that China faces increasing threats to national security and the government could impose tougher controls on its ethnic minorities due to terrorist attacks like the 2014 Kunming attack 272 In Xinjiang the Urumqi Motorized Vehicle Licensing and Testing Department has begun requiring all ethnic Uyghur and Kazakh individuals to undergo a background check before registering a vehicle 273 In March 2019 the United States Department of State criticized mainland China for its human rights violations saying the sort of abuses it had inflicted on its Muslim minorities had not been witnessed since the 1930s 274 The department s annual Country Reports on Human Rights Practices stated that the PRC was in a league of its own when it comes to human rights violations 275 Forcible biometrics collection EditPRC authorities in western Xinjiang province are collecting DNA samples fingerprints eye scans and blood types of millions of people aged 12 to 65 276 277 278 Sophie Richardson Human Rights Watch s China director said the mandatory databanking of a whole population s biodata including DNA is a gross violation of international human rights norms and it s even more disturbing if it is done surreptitiously under the guise of a free health care program 279 For the ethnic minority Uyghur people it is mandatory to undergo the biometrics collection disguised under physical examination Coercion to give blood sample is gross violation of the human rights and individual privacy 279 Tibetans EditSee also Human rights in Tibet and Labour camps in Tibet Tibetans who opposed the diversion of irrigation water by Chinese authorities to the China Gold International Resources mining operations were detained tortured and murdered 280 Allegations of what the PRC officially labelled judicial mutilation against Tibetans by the Dalai Lama s government and the serfdom controversy have been cited by the PRC as reasons to interfere for what they claim was the welfare of Tibetans 281 although their claims of judicial mutilation are controversial and subject to scepticism and dispute by foreign countries and international organizations Conflicting reports about Tibetan human rights have been produced since then The PRC claims that Tibet has been enjoying a cultural revival since the 1950s whereas the Dalai Lama says whether intentionally or unintentionally somewhere cultural genocide is taking place 282 283 Following the Chinese economic reform businesspeople from other parts of China have made many business trips to Tibet although most do not stay in region The New York Times has cited this ethnic diversity in Tibet as a cause of ethnic tensions It has also disagreed significantly with the promotion by PRC authorities of home ownership in nomadic Tibetan societies 284 Western politicians often level the charge that the Tibetan languages are at risk of extinction in Tibet 285 Others however both inside and outside China and Tibet claim that for a vast majority of Tibetans who live in rural areas the Chinese language is merely introduced as a second language in secondary school 286 Uyghurs EditSee also Uyghur genocide and Xinjiang internment camps Reportedly the People s Republic of China is holding one million ethnic Uyghurs in internment camps in Xinjiang In July 2019 ambassadors of 22 countries wrote a letter to the United Nations human rights officials condemning China s treatment towards the minority groups Various human rights groups and former inmates have described the camps as concentration camps where Muslim Uyghurs and other minorities have been forcibly assimilated into China s majority ethnic Han society 287 The letter urged China to refrain from the arbitrary detention and restrictions on freedom of movement of Uighurs and other Muslim and minority communities in Xinjiang 288 A leaked document known as The China Cables details the conditions in the aforementioned internment camps 289 290 291 These documents describe guidelines on a variety of things preventing escapes monitoring the Uyghurs disciplining the Uyghurs and much more They are taught Mandarin and about Chinese culture However some claim this is renouncing their culture to conform to the communist party 292 Many Chinese officials have already dismissed the claims of breaching human rights and the contents of these documents They refer to these camps as voluntary education centers where the Uyghurs are reeducated The goal of these camps according to former Chinese ambassador Liu Xiaoming is to prevent terrorism 293 A United Nations assessment of human rights regarding the Xinjiang Uyghurs stated it is reasonable to conclude that a pattern of large scale arbitrary detention occurred in vocational education and training centre facilities at least during 2017 to 2019 negating previous Chinese Government claims that the facilities were schools or training centres where participants were free to join and leave 294 295 The Foreign Commonwealth amp Development Office FCDO gave statement on China s human rights violations in Xinjiang following a visit to the region by the UN High Commissioner for Human Rights An FCDO spokesperson said It is clear that the Chinese authorities did not provide the full unfettered access to Xinjiang for the UN High Commissioner for Human Rights that we and our international partners have long called for China s failure to grant such access only serves to highlight their determination to hide the truth 296 Economic and property rights EditMain article Chinese property law The National People s Congress enacted a law in 2007 to protect private property with the exception of land Nevertheless according to Der Spiegel magazine local Chinese authorities have used brutal means to expropriate property in a bid to profit from the construction boom 297 Rights related to sexuality EditSee also LGBT rights in China and HIV AIDS in China In 2001 homosexuality was removed from the official list of mental illnesses in China 298 China recognizes neither same sex marriage nor civil unions 299 According to the criminal law of the PRC only females can be victims of rape a man who has been raped cannot make accusations towards either men or women of rape However the criminal law of the PRC s constitution in mainland China had been amended in August 2015 Thus males can be victims of indecency but the articles on the criminal law which are related to rape still remain unrevised so male victims can only make accusations of indecency 300 301 Intersex rights EditMain article Intersex rights in China Intersex people in China suffer discrimination lack of access to health care and coercive genital surgeries 302 303 COVID 19 pandemic EditDuring the COVID 19 pandemic in China the Chinese government has censored online criticism of its response to the pandemic including criticism of its lockdown measures 304 305 Other human rights issues EditSee also Nanjing anti African protests Workers rights and privacy are contentious human rights issues in China There have been several reports of core International Labour Organization conventions being denied to workers One such report was released by the International Labor Rights Fund in October 2006 it documented minimum wage violations long work hours and inappropriate actions towards workers by management 306 citation not found Workers cannot form their own unions in the workplace they may only join state sanctioned ones The extent to which these organizations can fight for the rights of Chinese workers is disputed 192 citation not found The policy toward refugees from North Korea is a recurring human rights issue It is official policy to repatriate these refugees to North Korea but the policy is not evenly enforced and a considerable number of them stay in the People s Republic Though it is in contravention of international law to deport political refugees as illegal immigrants their situation is precarious Their rights are not always protected 307 and some are tricked into marriage forced to engage in cybersex or prostitution allegedly linked to criminal networks generating an estimated annual revenue of 105 000 000 US 308 309 African students in China have complained about their treatment in China Their complaints largely ignored until 1988 9 when students rose up in protest against what they called Chinese apartheid 310 African officials took notice of the issue and the Organization of African Unity issued an official protest The organization s chairman President Moussa Traore of Mali went on a fact finding mission to China 310 A 1989 report in Guardian stated these practices could threaten Peking s entire relationship with the continent 311 The United Nations reports that it has had difficulty in arranging official visits to China by UN Special Rapporteurs on various human rights issues 312 On 29 June 2020 HRW urged the United Nation member countries to act upon the call by UN human rights experts to examine the Chinese government s human rights record 313 On 3 July 2020 a 13 ton shipment of beauty products made out of human hair was seized by the U S Customs and Border Protection CBP The shipment originating in Xinjiang China was seized at the Port of New York signalling potential human rights abuses of forced labour and imprisonment 314 On 9 September 2020 a global coalition of 321 civil society groups including Amnesty International urged United Nations to urgently create an independent international mechanism to address the Chinese government s human rights violations In an open letter the organizations highlighted China s rights violations worldwide including the targeting of human rights defenders global censorship and surveillance and rights free development that caused environmental degradation 315 On 6 October 2020 39 United Nations member countries expressed deep concerns over China s human rights violations in Xinjiang Hong Kong and Tibet The call was made by Germany supported by Britain Canada the United States many European Union member states Albania Bosnia Herzegovina Haiti Honduras Palau and the Marshall Islands 316 A report published by Human Rights Watch in August 2021 documents the economic social and cultural rights violations resulting from the China financed hydroelectric dam construction in northeaster Cambodia Nearly 5 000 people have been displaced due to the dam s construction 317 The World report 2022 by Human Rights Watch stated that the Chinese Communist Party under the leadership of Xi Jinping celebrated its 100th anniversary in 2021 amid crimes against humanity in Xinjiang and the devastation of civil liberties in Hong Kong In 2021 the Chinese government tightened ideological control and increasingly cracked down on free speech The Chinese government also moved quickly to offer support to Afghanistan s abusive Taliban controlled government 318 Position of the government EditThe Government of the People s Republic of China has argued that its concept of Asian values 319 requires that the welfare of the collective should always be put ahead of the rights of any individual whenever conflicts between these arise Its position is that the government has the responsibility to design implement and enforce a harmonious socialist society 320 The People s Republic of China emphasizes state sovereignty which at times conflicts with the international norms or standards of human rights However its concept of human rights has developed radically over the years From 1949 to the late 1970s the CCP focused on promoting the rights of the masses collective rights rather than individual human rights Deng Xiaoping said that the right of a nation or sovereignty guoquan is more important than human rights renquan and right of subsistence shengcun quan is more fundamental than political freedom 321 However from the beginning of economic reforms in 1978 to the 1989 Tiananmen Square protests and massacre the CCP raised concerns for human rights in their domestic and international policies In 1991 China officially accepted the idea that human rights were compatible with Chinese socialism and in 1993 the state created the China Society for Human Rights Studies which has represented Chinese positions on human rights in international forums conferences and media China went on to sign two treaties the International Covenant on Economic Social and Cultural Rights ICESCR and the International Covenant on Civil and Political Rights ICCPR in 1997 and 1998 respectively The ICESCR was ratified by the National People s Congress in 2001 but as of 2016 the ICCPR has not yet been ratified 322 As of 2013 update the PRC had signed more than 20 international treaties on human rights 323 Western human rights Edit Those who agree with the Chinese Communist Party point towards what they call rapid deterioration in Western societies claiming that there has been an increase in geographic religious and racial segregation rising crime rates family breakdown industrial action vandalism and political extremism within Western societies The European Union and the United Nations claim to be stopping these types of human rights violations save for a few violations committed by some Western governments e g the CIA s extraordinary rendition programme The PRC holds the opinion though that many alleged negatives about democratic society are a direct result of an excess of individual freedom saying that too much freedom is dangerous 324 The PRC holds that these actions in Western nations are all violations of human rights They say that these should be taken into account when assessing a country s human rights record On occasion they have criticized the United States policies especially the human rights reports published by its State Department They cite the opinion that the United States as well as the United Kingdom has also violated human rights laws for example during the invasion of Iraq 325 In United Nations bodies China argues for a way of looking at the concept of universal human rights that differs from the Western view 326 China s view is that a focus on political rights and values is a too narrow view of human rights and should instead focus on economic outcomes material well being of people and national sovereignty 326 Chinese definition Edit Chinese state media has stated that human rights should encompass what its officials have labelled as economic standards of living and measures of health and economic prosperity 2 Measures taken Edit In March 2003 an amendment was officially made to the Constitution of the People s Republic of China officially stating that The State respects and preserves human rights 327 In addition China was dropped from a list of top ten human rights violators in the annual human rights report released by the U S State Department in 2008 though the report indicated that there were still widespread human rights related issues in the PRC 328 In 1988 the People s Republic of China began direct village elections to help maintain social and political order whilst facing rapid economic change Elections now occur in about 650 000 villages across China reaching 75 of the nation s 1 3 billion people according to the Carter Center 329 In 2008 Shenzhen which enjoys the highest per capita GDP in mainland China was selected for experimentation and over 70 of the government officials on the district level are to be directly elected as of 2008 330 However in keeping with Communist Party philosophy candidates must be selected from a pre approved list 331 See also Edit China portalHistory of the Republic of China History of the People s Republic of China Human rights in Hong Kong Human rights in Macau Human rights in Taiwan Human rights in Tibet 1989 Tiananmen Square protests and massacre Concerning the Situation in the Ideological Sphere Ecological migration Empowerment and Rights Institute Hong Kong Alliance in Support of Patriotic Democratic Movements of China Internet censorship in the People s Republic of China Human Rights in China organization Tangshan protest Dongzhou protests Penal system in China Laogai reform through forced labor Re education through labour List of prisons in the Tibet Autonomous Region List of concentration and internment camps People s Republic of China Xinjiang internment camps Beijing Municipal Prison Qincheng Prison Black jails Xinfang Open Constitution Initiative Yan Xiaoling Fan Yanqiong Case Cultural Revolution Chinese nationalism Sinocentrism Han chauvinism Han nationalism Sinicization Sinicization of Tibet Incorporation of Xinjiang into the People s Republic of China Boycotts of Chinese products may use some of the arguments in this article as their basis Ethnic issues in China List of Chinese nuclear tests Lop Nur Nuclear Weapons Test Base 1987 1989 Tibetan unrest 2008 Lhasa violence 2010 Tibetan language protest Drapchi Prison International reactions to 2008 Tibetan protests Protests and uprisings in Tibet since 1950References EditCitations Edit OHCHR China Homepage www ohchr org Retrieved 23 November 2018 a b Human rights can be manifested differently China Daily 12 December 2005 Archived from the original on 9 December 2007 Richard McGregor 2022 The CPC as a Global Force A Long Term View In Frank N Pieke Bert Hofman eds CPC Futures The New Era of Socialism with Chinese Characteristics Singapore National University of Singapore Press p 177 ISBN 978 981 18 5206 0 OCLC 1354535847 Archived from the original on 11 April 2023 Retrieved 13 January 2023 The Western concept focuses on political values and rights China in line with its own domestic politics insists that this is too narrow and that human rights norms should be focused on economic outcomes material well 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registration system which was introduced in the 1950s still divides the population into two distinct groups urban and rural Chan Anita amp Senser Robert A China s Troubled Workers Archived 27 September 2007 at the Wayback Machine Foreign Affairs March April 1997 Cheng T Selden M 1994 The Origins and Social Consequences of China s Hukou System The China Quarterly 139 139 644 668 doi 10 1017 S0305741000043083 JSTOR 655134 S2CID 154754427 Macleod Calum and Macleod Lijia China s migrants bear brunt of bias The Washington Times 14 July 2000 a b c Chan Anita China s Workers under Assault The Exploitation of Labor in a Globalizing Economy Introduction chapter M E Sharpe 2001 ISBN 0 7656 0358 6 Racial Discrimination in Tibet 2000 Tibetan Centre for Human Rights and Democracy Archived from the original on 2 September 2010 Luard Tim China rethinks peasant apartheid BBC News 10 November 2005 a b Luard Tim 10 November 2005 China rethinks peasant apartheid BBC News Retrieved 22 August 2008 a b c d Chinese apartheid Migrant labourers numbering in the hundreds of millions who have been ejected from state concerns and co operatives since the 1980s as China instituted socialist capitalism have to have six passes before they are allowed to work in provinces other than their own In many cities private schools for migrant labourers are routinely closed down in order to discourage migration From politics to health policies why they re in trouble The Star 6 February 2007 As in South Africa under apartheid households in China faced severe restrictions on their mobility during the Mao era The household registration system hukou system specified where people could work and in particular it classified workers as either rural or urban workers A worker who was seeking to move from rural agricultural employment to urban non agricultural work would have to apply for permission to do so through the relevant bureaucracies and the number of workers who were allowed to make such moves was tightly controlled The enforcement of these controls was closely intertwined with state controls on the distribution of essential goods and services For instance unauthorized workers could not qualify for grain rations employer provided housing or health care Wildasin David E Factor mobility risk inequality and redistribution in David Pines Efraim Sadka Itzhak Zilcha Topics in Public Economics Theoretical and Applied Analysis Cambridge University Press 1998 p 334 The permit system controls migrant workers in a way which is similar to the passbook system which existed under apartheid Most migrant workers live in crowded dormitories which are provided to them by the factories or they live in shanties Their transient existence is precarious and exploitative In the Chinese case the discrimination which migrant workers are subjected to is not based on race but the control mechanisms which are set in place in order to regulate the supply of cheap labor in the so called free labor market the underlying economic logic of the system and the abusive consequences which are suffered by the migrant workers share many of the characteristics which existed under the apartheid system Chan Anita China s Workers Under Assault The Exploitation of Labor in a Globalizing Economy M E Sharpe 2001 p 9 a b The application of these regulations is reminiscent of apartheid South Africa s hated pass laws The police periodically carry out raids in order to round up those who do not possess temporary residence permits Those who are without papers are placed in detention centers and then they are removed from cities Waddington Jeremy Globalization and Patterns of Labour Resistance Routledge 1999 p 82 HIGHLIGHT Discrimination against rural migrants is China s apartheid Certainly the discrimination against the country born is China s form of apartheid It is an offence against human rights on a much bigger scale than the treatment of the tiny handful of dissidents who are dogged enough to speak up 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