Posts tagged: Beijing

China Journalists Edward Wong & Paul Mooney to Testify before Congress

By , December 10, 2013

ceccIn response to the precarious situation of U.S. journalists in China where approximately 24 New York Times and Bloomberg reporters may not have their visas renewed, the Congressional-Executive Commission on China will host a roundtable discussion on the issue, tomorrow, December 11 at 3:30 PM.  The event will be held in Washington, D.C. at the Capitol Visitors Center, Room SVC 203-202 .

Panelists will include Paul Mooney, who was outright denied a journalist visa to work as Reuter’s Beijing correspondent, Edward Wong, current New York Times China correspondent, Bob Dietz, Asia Program Coordinator at the Committee to Protect Journalists and Sarah Cook, Senior Research Analyst for East Asia at Freedom House.

Because of the demand for this roundtable, an RSVP is required.  Please RSVP, no later than 10 AM on December 11 to Judy Wright at judy.wright@mail.house.gov

The roundtable will also be broadcast live on the web at: http://www.cecc.gov/events/roundtables/chinas-treatment-of-foreign-journalists

Since Vice President Biden’s visit to Beijing where he met with U.S. journalists and publicly raised the issue of press censorship, there have not been any reports of any New York Times or Bloomberg correspondents receiving their visas.  To the contrary, in a series of Twitter posts, New York Times China correspondent  Ian Johnson stated that the first reporters will be forced to leave on December 17, presumably the expiration date of their current visa, with all to leave by December 31.

Yesterday, the Foreign Correspondents Club of China (FCCC) released its 2013 Year-End statement, noting yet another year of negative trends.  The FCCC found “…that the Chinese authorities are increasingly using the denial of visas, or delays in their approval, in an apparent effort to influence  journalists‘ coverage. No correspondents for the New York Times and Bloomberg have yet been able to renew their annual residence visas, which have been subject to unusual and unexplained delays this year.”

The FCCC also noted that potential censorship goes beyond China’s borders, giving credence to author Peter Manseau’s belief that in 2010 the Chinese embassy contacted senior editors at the Washington Post to kill his story on Falun Gong in DC.  Although Manseau’s incident was in 2010, the FCCC reported that in 2013, “…[o]n at least two occasions this year Chinese embassy staff in foreign capitals have approached the headquarters of foreign media and complained about their China-based correspondents’ coverage, demanding that their reports be removed from their websites and suggesting that they produce more positive China coverage.”  One wonders how many other occasions there have been.

If you are in DC tomorrow, this should be an interesting and important event.  Again, RSVP is necessary by 10 AM tomorrow to judy.wright@mail.house.gov.

For those interested in learning more about foreign journalists’ visa troubles, please see China Law & Policy‘s three-part series with Part 1 here, Part 2 here, and Part 3 here.

Beijing Air Pollution – A Silver Lining on the Smog Cloud?

By , January 12, 2013

The air pollution reached off-the-chart dangerous levels today in Beijing and will likely remain that way until Tuesday.  Saturday afternoon, the United States Embassy, which has been publicly reporting Beijing air pollution from its monitoring site in the Chaoyang area of Beijing since 2008, recorded Air Quality Index (AQI) numbers of over 800.  AQI of 301-500 is considered hazardous where all outdoor physical should be avoided.  Beijing authorities were advising all residents to stay indoors.  What does 700-800 AQI look like?  Here are some pics:

These pictures of Beijing are gross.  But they aren’t that much different from pictures of New York City in the 1950s and 1960s, or London during the same time.  New York alone had three notorious smog disasters – 1952, 1962 and 1966.  The causes were similar  – a cold winter resulting increased use of coal; factories surrounding the city; and the exhaust from dirty trucks and cars. For New York and the United States, these smog incidents were a turning point.  Five to ten years later, the Clean Air Act was passed with a vigorous enforcement mechanism.  Since the early 1990s, less than a generation later, pollution in New York City remains relatively low (vis a vis the 1966).

So will these pictures serve to bring change to China, specifically in enforcement of its environmental standards?  Perhaps.  What might also bring change is the fact that the Chinese government – a one-party authoritarian regime – can no longer hide extremely hazardous pollution.  This might sound strange to those who don’t follow China regularly, but it was shockingly reassuring to hear that it was the Beijing government that was advising people to stay indoors.  Xinhua even honestly reported that AQI exceeded 900.  It’s rare to see such transparency from the Chinese government.

I believe a lot of this transparency is the effect of one thing: the U.S. Embassy’s hourly publication of Beijing’s AQI.  In 2008, the U.S. Embassy began to measure Beijing air quality, publishing it through a twitter feed.  Although the twitter feed is blocked in China, many popular Chinese websites pick up the feed and publish it inside the Great Firewall.  To call this an thorn in the Chinese government’s side is an understatement.  In 2009, according to Wikileaks, at a meeting with the Ministry of Foreign Affairs (“MFA”), Embassy personnel were informed that the hourly publication of the Embassy’s AQI was “confusing” to Chinese people and could result in unexpected “social consequences.”  MFA requested that access to the feed be limited to only foreigners.  The Embassy did not give in.

Thus, likely in order to restore its credibility, in early 2012, the Beijing municipal government began to publish its own AQI numbers from a site on the other side of Beijing.  While at times these numbers may differ (with the U.S. numbers usually showing a more hazardous level), so far for this smog disaster the numbers have remained relatively the same: both off-the-charts pollution levels.

So while this pollution is horrible, it demonstrates perhaps the impact of seemingly small, stubborn policies – here the U.S. Embassy reporting in real time Beijing’s true pollution – in bringing greater transparency to a Chinese government that otherwise would not have to.  Perhaps now that Beijing is honest with its own people, it will be set on a course to reform its laws and relegate pollution like today’s to  episodes of Mad Men.

 

Book Review: Paul French’s Midnight in Peking

Paul French describes his gripping new book, Midnight in Peking: How the Murder of a Young Englishwoman Haunted the Last Days of Old China, as a belated quest to bring justice to a young woman, brutally murdered 75 years ago in Beijing.  But the story is equally as applicable to the present, highlighting that our criminal justice system — and with the case of Bo Xilai, China’s criminal justice system — can easily fall victim to political agendas, singularly-focused investigations, and prejudices about who can and cannot commit a crime.

Midnight in Peking opens on a dark, cold morning in January 1937, in the dying days of old Beijing.  A young white woman’s mutilated body is found near the haunted fox tower by an old Chinese man who is up early walking his caged bird.  The body turns out to be that of 19 year old Pamela Werner, daughter of E.T.C. Werner, a former high-ranking British diplomat, China scholar, and single father who raised his daughter outside of the gated-off, foreign Legation Quarter of Beijing.

On the eve of the Japanese invasion, it was a murder that distracted Beijing as much as it obsessed it.  And rightfully so.  For the murder, and French’s amazingly detailed account of it, uncovers the debaucheries of some of foreign Beijing’s most elite, a young girl experimenting as a woman, and the official cover up that followed.  On the eve of World War II, there was no way that British officials would allow the Empire and its respectability to lose face, even if it meant short-changing a police investigation and letting a diabolic murderer to go free.

Pamela Werner becoming a woman - taken a few days before her murder.

French’s talent lies in his ability to transport the reader back to 1937 Beijing, back to the Grand Hotel des Wagons Lits, back to the Badlands where seedy expat Beijing lead much of its life but rarely talked about it within the Legation Quarter.  French also makes the characters come alive – with his seven years of painstaking research into the official criminal investigation and Pamela’s father’s own inquiry, French knows what each of the characters were doing, writing and saying at the time.

Midnight in Peking is known as a work of “literary non-fiction,” presenting the facts almost as a novel but unable to take any of the liberties that a work of fiction could permit.  In reality though, the work has more of the drama of a good closing argument – a winning closing argument – presenting the facts,debunking the police’s simplistic conclusions (including that it was a Chinese who did it; who else would kill and mutilate a body), and thoroughly presenting a stronger theory of who did it, a theory that the reader eventually adopts.

Midnight in Peking is a remarkable read, a page turner that kept me in one Friday night just to find out who did it.  But it is not just a story about the past.  Sitting there, reading  about a British murder investigation in China and seeing the prejudices that the police held about certain incidents, particular people and specific facts, made me think of the recent re-examination of the 1979 Etan Patz kidnapping case that is currently transfixing New York City.  In that case, it appears that the police misjudged suspects and had a singular focus on a specific interpretation of the facts, even with little facts to back that up.  Some 50 years after the Pamela Werner murder, police in New York City were making the same mistakes.  Fast forward 33 years to today and most likely these same types of mistakes are still being made.

But more than anything, the book also demonstrates the susceptibility of any criminal justice system to power and politics.  E.T.C. Werner was an outsider to British expat society of 1937, and not just because he chose to live outside of the Legation Quarter.  That pissed people off and when it came time to investigate the murder of his daughter, Werner, as an outsider, became a suspect.  The murderers that French eventually uncover were not just accepted in British society but considered the elites of Beijing.  That acceptance – and the fact that the British diplomats didn’t want a scandal on their hands – allowed them to live their lives as free men.  Ultimately politics – both individual as well as national – proved more important than justice.  Even when Werner conducted his own investigation and uncovered many of the lies of key suspects, British diplomats continued to ignore his pleas for justice for his daughter.

Not surprisingly, when reading French’s book, the Bo Xilai case – where Bo’s wife is accused of murdering a British national – was not far from

An old ETC Werner, around the time of his daughter's murder

my mind.  Given the politics involved in that case and the fact that perhaps Bo became an outsider to the Party system, it makes one wonder about the accuracy of the story that the Chinese government is currently presenting to the press.  If it could happen in British Peking in 1937, it can certainly happen in Chinese Beijing in 2012.  Likely, no criminal justice system is immune to political pressure.  It would be foolish – and dangerous – to think that any system is impervious.

Midnight in Peking is a remarkable story, wonderfully written and with characters that just come to life – some you love, some you hate and some you just despise.  For those who want to be transported to the past, Midnight in Peking is your ticket there; but for those who want to understand the present, more precisely the mistakes inherent in any criminal justice system, Midnight in Peking will take you there.  Whichever trip you decide to make, French will take you on a fun ride.

Rating: ★★★★½

Midnight in Peking: How the Murder of a Young Englishwoman Haunted the Last Days of Old China, by Paul French (Penguin Books, 2012), 272 pages.

French also has a great website about the book, including his own explanation as to what propelled him to write the book and a walking tour of Pamela’s Beijing (with downloadable podcasts). For anyone who does the walking tour, I would be interested in you take of it. Please comment below!

Reality or Myth: China’s Rule of Law & Its Recent Assault on Lawyers

By , February 21, 2011

Originally posted on The Huffington Post

Rights-Defending Lawyer, Tang Jitian

The Chinese government has tried to break Tang Jitian’s spirit.  Failing, it now seeks to break his body.  Tang, a Chinese human rights lawyer, was forcibly abducted from his home on Wednesday, February 16 by the Beijing police.  Five days later, in contravention of Chinese law, Tang’s whereabouts remain unknown to his family, friends, and other human rights lawyers who desperately await some news of him.  Tang’s wife, after waiting at the police station for over four hours, was not permitted to see her husband and not informed of his whereabouts.  Tang’s “crime” in all of this: seeking to uphold individual’s legally-guaranteed rights and hold the State to its promise of a rule of law.

When Tang Jitian (pronounced Tang Gee Tea-ann) emerges from this unlawful and forced seclusion, he may be badly beaten, tortured and abused.  Soon after his abduction on Wednesday, Tang was transferred to the Beijing Public Security Bureau (PSB), an outfit that has been assigned the task of suppressing China’s nascent human rights movement.  Violence is a necessary part of the PSB’s mandate: it provides a very physical signal to other human rights lawyers what awaits them if they become too vocal, organized, or, ironically, too successful in bringing cases to protect citizen’s rights.  But this State-sanctioned violence is outside the limits of the law, and makes one wonder that if, by attacking these rights-defending lawyers (in Chinese, weiquan lawyers), the Chinese government is really committed to a “rule of law” society or if the use of such language by Chinese officials is a mere mirage.

The Breaking of a Body: Tang Jitian’s Potential Fate While in PSB Custody

Human rights lawyer Gao Zhisheng (pronounced Gao Zhi-sheng) likely serves as the most potent reminder of the

Human Rights Attorney, Gao Zhisheng

lawlessness of the PSB.  In 2001, Gao was listed by China’s Ministry of Justice as one of the country’s top-ten lawyers for his work representing victims of medical malpractice and farmers who were denied just compensation for their land.  But as Gao took on more controversial cases – particularly defending Falun Gong practitioners, a quasi-religious organization that the Chinese government perceives as a real threat to its power – government respect for his work quickly faded.   In December 2006, Gao was convicted of subversion and was given five years probation to be served from his home.  However, in February 2009, Gao was abducted from his home by the police.  This was the second time he was abducted, the first in 2007 where he was tortured for over 50 days.  But this time, Gao’s abduction would be for much longer.  For over fourteen months, he was not heard from and no one knew where he was.  In April 2010, Gao emerged from seclusion only to be abducted again only two weeks later.  During the time he was free, he was able to report to the Associated Press the torture he underwent while in police custody.

What awaits Tang may be similar – 48 hours of continuous beatings, various forms of physiological torture, wet towels over one’s face to give the feeling of suffocation – or even worse.  Unlike Gao Zhisheng, who is well known in the international community, or Teng Biao, a famous Chinese law professor and human rights activist who, because of his status, experienced a less violent beating when he was taken into custody for a few hours by police last December, Tang does not have such connections to protect him.  Without such an international cache like Teng Biao, Tang is an easy target for the Chinese security apparatus and will likely be used to violently symbolize the PSB’s power over the human rights lawyers.

Trying to Break a Spirit: Tang Jitian’s Disbarment

Wednesday’s abduction was not the first time that Tang has been on the Chinese government’s radar.  In May 2010, because of his defense of a Falun Gong practitioner in Sichuan province, the Beijing Bureau of Justice – the government body that manages the legal profession in Beijing – disbarred Tang from the practice of law.  Ostensibly arguing that Tang violated courtroom rules, the Beijing Bureau of Justice’s decision was largely seen as political.  Similar to the United States, disbarment in China is reserved for those lawyers who commit a crime.  Tang was the first lawyer to be disbarred for what merely appeared to be zealous advocacy.

Since his disbarment, Tang has had no way to economically support himself, relying solely on the kindness of other human rights lawyers.  Such a blow has had its impact and more recently, Tang had become depressed about his situation, although still very active in the human rights movement.  One would have thought that this would have been sufficient for the Chinese government – that by taking away Tang’s livelihood, it would not seek to detain him.  One would also think that such action would be unnecessary: Tang’s disbarment was a clear signal to other human rights lawyers that the State could use vague provisions of the law to disbar them and deny them their raison d’etre.  But it appears that disbarment was not punishment enough for the PSB.

Why Abduct Tang Jitian Now? China’s Rule of Law Regression

The immediate cause of Tang’s abduction relates to the recent house arrest and abuse of another human rights lawyer,

Human rights lawyer, Jiang Tianyong

Chen Guangcheng (pronounced Chen Gwang-chung).  Chen, a blind, self-taught lawyer who represented women forced into abortions by their village government, has been under house arrest since he was freed from prison in September 2010.  Last week, Chen and his wife were reportedly beaten after they leaked an hour-long video of their daily surveillance to the U.S.-based human rights and religious group, China Aid (for the video, click here).  On Wednesday afternoon, Tang Jitian had lunch with a group of Beijing human rights lawyers to discuss what the group could do to support Chen.  Soon after this brain-storming session, Tang was abducted.  Additionally, another participant of the Wednesday lunch group has also been abducted.  On Saturday, February 20, 2011, human rights lawyer Jiang Tianyong (pronounced Gee-ong Tea-ann young) was taken away in an unmarked van, only days after he was roughed up while in police custody.

But Tang and Jiang’s belief that the law should be followed and individuals’ rights should not be trampled on by the State is the real reason for his abduction and likely abuse at the hands of the PSB.  Over the past few years, China’s human rights attorneys have become more organized, using modern technology to quickly communicate with each other, and increasingly vocal, demanding that  the government abide by its own laws when it comes to the people’s civil rights and civil liberties.  Instead of responding positively to these developments – developments that largely symbolize a growing rule of law society and an emerging civil society  – the Chinese government and the Chinese Communist Party (CCP) has further entrenched its authoritarian rule and has used increasingly sever measures to break these human rights lawyers. While Chinese human rights lawyers’ cases would be everyday affairs for public interest lawyers elsewhere in the world, the CCP views these lawyers as a threat to their one-party rule and the PSB views them as a threat to its all-inclusive, and many times illegal, policing methods.  Based upon the recent abduction of Tang Jitian and Jiang Tianyong, the PSB and the CCP will do whatever it takes to suppress these human rights lawyers.

On Saturday, while rumors were circulating on the internet that China itself was to have a “Jasmine Revolution” following the events in the Middle East, a Chinese rights activist tweeted that the Chinese government detained twenty-one other human rights attorneys: Zhu Yufu, Liao Shuangyuan, Huang Yanming, Teng Biao, Ran Yunfei, Li Tiantian, Liu Guohui, Ding Mao, Lu Yongxiang, Xiao Yong, Zhang Jianping, Shi Yulin, She Wanbao, Li Yu, Lou Baosheng, Wei Shuishan, Zhang Shanguang, Li Xiongbing, Xu Zhiyong, Huang Yaling, and Li Bo.  Many may suffer physical abuse at the hands of the PSB.  Some already have.

Why Should Anyone Care?

I met Tang Jitian when I was last in China and was impressed, not just with his bravery, but also with understanding of his role in pushing the Chinese government to truly commit to a rule of law.  If human rights lawyers are suppressed now he told me, there will be no one to take over the movement.  Tang is right and breaking the movement appears to be one of the goals of the Chinese government.  By openly subjecting human rights attorneys to constant surveillance, disbarment, psychological threats, and physical abuse, the Chinese government hopes that once this generation of human right lawyers pass, no younger lawyers will dare to take up the mantle; the repercussions are too severe.

Secretary of State Hillary Clinton to take a hard line on human rights

But the question remains, will the rest of the world allow this?  Last month, the Obama Administration impressed many by repeatedly raising the issue of human rights with Chinese President Hu Jintao.  Just days before Hu’s arrival in Washington, D.C., Secretary of State Hillary Clinton bluntly discussed the plight of China’s human rights lawyers, stating that the United States will expect China to fulfill its own promise of rule of law: “America will continue to speak out and to press China…when lawyers and legal advocates are sent to prison simply for representing clients who challenge the government’s positions….”  The time has come for the United States to back-up that statement.

The Obama Administration has already expressed its concern with the treatment of Chen Guangcheng.  But it cannot forget the less known advocates like Tang Jitian and Jiang Tianyong – without some form of international recognition of his situation the PSB will believe it has the cover to do with Tang and Jiang what it wants.  Furthermore, the Obama Administration needs to see the Chinese government’s recent reaction as an affront to a “rule of law” and also needs to comment on the importance of not just a “rule of law” in China but on the existence of a vibrant public interest law bar.  Human rights lawyers directly challenge the State in order to protect individual’s legally-guaranteed rights; only when these lawyers are able to more freely function in society will China have any meaningful rule of law.

A meaningful rule of law in China is not just an abstract principle for Americans.  As more Americans do business in China and as the U.S. government seeks to increase the number of students studying in China to over 100,000, rule of law in China will become an everyday concern.  Last year’s arrest and prosecution of Australian citizen and Rio Tinto executive Stern Hu and the recent conviction of U.S. citizen and geologist Xue Feng embody the importance of China’s rule of law development for Americans.  The Obama Administration needs to publicly condemn the Chinese government’s recent suppression of human rights lawyers, call for the release of Tang Jitian, and frankly question the Chinese government’s commitment to a rule of law.  Tang and Jiang’s safety depends on it.

Just for Fun: Tips for Travelers – Avoiding Stress in Beijing

By , July 26, 2010

Visiting Beijing anytime soon?  Or merely just thinking about it?  As anyone can tell you who has ever been, in a city of  close to 20 million people on a land mass roughly the size of New York City, it is a stressful place.  So it is important to know how to remain calm and relaxed in a city that is anything but.  Susan Fishman Orlins, one of the first Americans to live in Beijing after the U.S. normalized relations in 1979, and a notorieous worrywart, offers her suggestions on how to avoid the stress of Beijing and live the imperial lifestyle while there.  Didn’t Puyi ride a bike too? 

What worries me most in Beijing is the air quality. When I view this smoggy city-as though through gauze or an organdy curtain soiled with age-I’m pleased with my choice to get around on a two-wheeler rather than sit in traffic jams, contributing to the pollution. You can rent a bike at any of several subway stations and drop it off at any other subway rental area. Be aware that, traffic-wise, the bigger you are, the more you have right of way. At intersections, cars turn from all four directions, seemingly at once, without slowing down. As for a helmet, don’t leave home without one!…Read More of Susan’s Travel Tips Here.

More of Susan’s worries, and writings on China, can be found at her blog -  Confessions of a Worrywart: Meditations on All that Could Go Wrong.  After reading one or two posts,  you will find yourself happily worrying too.

Just For Fun: Beijing’s First Snow

By , November 1, 2009

The capital awoke to a blanket of white Sunday morning for Beijing’s first snowfall of the season.  While the snow was brought by the government’s seeding of the clouds in an effort to end a drought in northern China, natural or not, the scene was still very pretty.

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