China’s Upcoming Universal Periodic Review: A Guest Blog Post from Fordham Law School’s Leitner Center

By , November 4, 2018

This coming Tuesday, the United Nations’ Human Rights Council will conduct China’s third periodic review.  Given the increasing authoritarianism of the Xi Jinping regime, many countries and NGO’s have filed critical submissions to the UN and have listed questions that the Human Rights Council should ask the Chinese delegation in regards to the country’s current human rights violations.  Expect the Chinese government’s illegal internment of millions of Uighurs in Xinjiang Autonomous Region to be a central issue. 

Today, Caitlin Hickey, Joey Lee, Reece Pelley and Elisabeth Wickeri, advocates from Fordham Law School’s Leitner Center for International Law and Justice offer their insightful assessment of China’s major human rights violation: the continued – and increased – use of non-judicial, and at times illegal, arbitrary detention of people the Chinese government just doesn’t like.  While arbitrary detention will certainly arise in the context of the Xinjiang internment camps, the authors, in their guest blog post below, remind us that it is a far more prevalent practice, impacting other vulnerable populations, and that the U.N. should not forget to question the Chinese delegation about the government’s treatment of these vulnerable populations.

Left Behind on the Road Towards “Human Rights with Chinese Characteristics”:
China’s Universal Periodic Review and the Arbitrary Detention of Stigmatized Communities

Caitlin Hickey, Joey Lee, Reece Pelley, Elisabeth Wickeri*

As China prepares to present its human rights record before the full membership of the United Nations (UN) this Tuesday, we hear the beginnings of a familiar story. Leading up to its third appearance at the Universal Periodic Review (“UPR”)—a UN Human Rights Council mechanism through which each of the UN’s 193 Member States undergoes a human rights evaluation based on recommendations offered by fellow Member States—the Chinese government’s opening UPR statement invokes specialized national conditions, the unique needs of its people and its constant lodestar: “always following the road of developing human rights with Chinese characteristics.” “This is a road that takes the people as the center,” China explains, and “the road of human rights development always takes the well-being and interests of the people as the starting point and end result.”

But haven’t we been down this road before? Advocates for some of China’s most stigmatized communities certainly think so. These advocates have highlighted that these communities are far from the “center” and their “well-being and interests” are rarely considered. Since the UPR process began for all UN Member States in 2008—and arguably in most of China’s UN human rights interactions—certain vulnerable populations have been rendered effectively invisible. Of course, China’s most recent UPR statement proclaims that “it upholds the principle of the people’s primacy” while “promoting the comprehensive development and common prosperity of the people as a whole.” But who exactly is included in China’s definition of “the people”? And who gets left behind on China’s chosen “road” to human rights accountability?

A crackdown on some of China’s sex workers. Photo courtesy of Agence France-Presse/Getty Images

One group to pay particular attention to is China’s sex workers. Communities of sex workers and people who use drugs inhabit every corner of the world. In China, they are men and women, young and old, of all ethnicities, and of all sexual orientations and gender identities, living in rural and urban areas in every province, city, and village of the country. And they are among the most vulnerable in Chinese society as result of profound social stigma. In China, these communities face all manner of discrimination, including enormous barriers blocking equal access to health and employment, as well as violent physical and emotional abuse—not only from state law enforcement actors, but often from within their own families. These are precisely the kinds of marginalized populations who need their government to intervene and protect their fundamental rights, and yet they are often among the first to be left behind on China’s “road” toward “human rights with Chinese characteristics.”

A close look at China’s UPR statement makes clear how stigmatized communities like these sex workers have been at best forgotten and at worst purposefully excluded from government human rights efforts. This is especially apparent in China’s continued use of various forms of arbitrary detention. Since China’s second UPR cycle in 2013, China has rightly been praised by the international community for taking steps to eliminate one of the most long-lasting and widely condemned systems of arbitrary detention—the Reeducation Through Labor (“RTL”) system; in fact, China consistently showcases its efforts at abolishing RTL in its UPR statements. Yet, in eliminating the RTL system, China unfortunately has not committed itself to eliminating other forms of administrative detention that look and feel remarkably similar to RTL but specifically target stigmatized and marginalized groups. In the UPR report it prepared for Tuesday’s session, China affirms that it “continues to improve the conditions of custody and supervision to ensure that the personal security of detainees and prisoners is not violated.” However, for sex workers and people who use drugs who are held in China’s administrative detention systems, this couldn’t be further from the truth.

Drug offenders exercise at a detention center in Shenyang in China’s northeastern Liaoning province. Photo courtesy of China OUT/AFP/Getty Images

The persistent arbitrary detention of sex workers and people who use drugs in China’s Custody and Education (“C&E”) [收容教育] and Compulsory Isolated Treatment (“CIT”) [强制隔离戒毒], administrative detention systems that have flourished even with RTL’s demise, are compelling examples of the invisibility of stigmatized populations in China’s UPR review; in fact nowhere in China’s 2018 UPR statement is there a focus on the rights of these groups. Sex workers and people who use drugs can be detained in C&E centers and under the CIT system respectively without judicial oversight or due process and without recourse to detainee protections otherwise guaranteed under Chinese law, all stemming from regulations that are overly broad in scope with vague definitions subject to politicized application.

 

Administrative detention under the C&E and CIT systems bear remarkable similarities to the system of RTL that China proudly announced to have abolished in 2013. In all these systems, individuals are exposed to risks of torture and other ill treatment—with documented detainee reports of inadequate healthcare, non-consensual medical testing, forced labor, and physical and mental abuse. Among many other troubling features, C&E centers subject detainees to long hours of forced, uncompensated labor, as well as compulsory and non-consensual physical examinations and medical testing. While in CIT, detainees rarely receive adequate healthcare or treatment and are subjected to forced labor and physical violence perpetrated by supervising employees. Additionally, while being weaned off drugs, CIT detainees are also subject to strenuous physical activity, denied critical medication or pain relief, and rarely offered counseling. Of course, ongoing systems of arbitrary detention are not limited to C&E and CIT. The detention camps in Xinjiang that subject Muslims to political indoctrination and substantial rights abuses bear the hallmarks of arbitrary detention in the context of China’s administrative detention framework. While RTL has been officially abolished, these systems persist, largely because of the invisibility of the populations who are detained within them – sex workers, people who use drug, China’s Muslims. On China’s “road of developing human rights with Chinese characteristics”—“a road that takes the people as the center”—it appears that certain populations just aren’t valued enough to be considered “people.”

Leitner team – (from L to R) – Joey Lee, Caitlin Hickey, Reece Pelley & Elisabeth Wickeri in Geneva last month.

Fortunately, despite this sense of déjà vu embarking on China’s well-worn path of UN human rights engagement, China’s upcoming third UPR offers the possibility for something different. The UPR is a mechanism through which each and every country undergoes a human rights review based on recommendations offered by UN Member States. China’s widely publicized and praised commitment during its second UPR in 2013 to abolish RTL came alongside a number of clear and direct recommendations from several UN Member States to do just that—eliminate RTL detention and commit to reforming China’s administrative detention system. These governments included France, Germany, Sweden, Canada, Belgium, the United Kingdom, and the United States. As the UN Member States gear up for China’s latest UPR on November 6, they must insist that China honor its commitment to “the people”—meaning all people, including stigmatized and vulnerable communities at the margins of Chinese society, including sex workers and people who use drugs in C&E and CIT detention. Perhaps for these groups, China’s third time at the UPR will be the charm, and the international community can bear witness to their lives, which have for so long been invisible in China’s human rights engagement at the UN.

*Joey Lee and Elisabeth Wickeri are lawyers with the Leitner Center for International Law and Justice at Fordham Law School; Caitlin Hickey and Reece Pelley are law student advocates. The Leitner Center works to strengthen rule of law and human rights protections for vulnerable populations worldwide. In particular, in cooperation with in-country partners, the Leitner Center works extensively with civil society organizations to support and empower vulnerable populations in the People’s Republic of China (“China”). Drawing upon the expertise and documentation of China-based partners as the basis for analysis and recommendations, the Leitner Center submitted a Stakeholder Submission in advance of China’s upcoming UPR, and participated in advocacy in the lead-up to its November 6 review.

CECC Issues 2018 Annual Report

By , October 21, 2018

The Congressional-Executive Commission on China’s (“CECC”) 2018 Annual Report (“the Report”), released on October 10, 2018, comes at a crucial point in world affairs.  The United States is on the retreat from the global stage, withdrawing from key international agreements and organizations, and China appears intent to replace it.  But as the CECC’s 2018 Annual Report makes clear, with President Xi Jinping’s complete consolidation of power this year and the re-entrenchment of the Chinese Communist Party (“CCP” or “the Party”) within the state, China’s rise will likely alter the current world order and challenge U.S. values and interests.  If anything, China’s recent behavior – the public disappearance of Meng Hongwei, the former Interpol chief and the issuance of more discriminatory regulations directed at Uighurs –  only substantiates CECC’s predictions that China’s rise will not be inline with the values that have dominated the world order since the end of World War II.

Former Interpol Chief, Meng Hongwei, now in NSC confinement.

The CECC was created in 2000 to monitor China’s human rights commitments, review its progress in developing a rule of law, and maintain a database of Chinese political prisoners.  With a staff of China experts, the CECC has become a leading voice on China’s progress in regards to international human rights standards and the development of rule of law in more sensitive areas such as freedom of expression, criminal justice and access to justice.  As with its previous reports, the 2018 Annual Report is extremely well researched and extensively documented, providing an important snapshot to what is really happening in China, making it an essential read.

 

While prior annual reports highlighted China’s progress in trying to meet international human rights standards or deepen its commitment to rule of law, the 2018 Annual Report is devoid of any positive developments.  And rightfully so.  As the Report makes clear, three alarming developments in the past year reflect a country intent on disregarding international human rights norms and turning its back to a rule of law.

A police state in the Uighur province of Xinjiang in China’s far West. (Photo courtesy of The Week (UK)).

Perhaps the Report’s most urgent issue is the Chinese government’s mass detention of what is estimated to be 1 million Uighurs in internment camps. Without any trial or criminal charges, these internment camps reflect the Chinese government’s stated goal to “sinicize” religion, including that of the Uighurs, a Muslim minority population in Xinjiang province.  And the mass detentions show no signs of stopping. As the CECC documents, the Chinese government’s own procurement data shows its plan to build more camps.

A second worrying development is the re-entrenchment of the Party within the State.  During much of Chairman Mao’s time, the Party and the State were essentially one, but since then, the Chinese government has sought to separate the Party from the government bureaucracy.  Until now.  In March 2018, the Party Central Committee issued a restructuring plan to again embed the Party in government work, with the Party taking a leadership role.  Perhaps the most notable example of the infiltration of the Party into everyday life is the creation of the National Supervisory Commission (“NSC”), an anti-corruption commission that has the power to “confine” – in other words, extra-judicially detain – any Party member or state employee suspected of corruption for three months without access to an attorney.  Employees of state-owned enterprises, staff of public hospitals and public educators all fall under the NSC’s purview. Even non-Party members and non-state employees could be subject to “confinement” by the NSC if they too are suspected of involvement in official misconduct.  Outside of the judiciary, the NSC is anything but due process.

China’s ubiquitous security cameras. (Photo Courtesy of the Huffington Post).

Finally, the 2018 Annual Report highlights the Chinese government’s continued use of technology as a tool of repression. The Chinese government is seeking to create a biometric database as well as a “social credit system” which, if realized, could have lasting effects on certain individuals.

The 2018 Annual Report concludes by offering some key recommendations, notably addressing abuses in Xinjiang publicly – and with key allies – before the United Nations, raising the issue of human rights in all bilateral relations, not just during the Department of State’s human rights dialogues with China, and condition law enforcement cooperation, such as cooperation on extradition, on a signed agreement from the Chinese government that it will respect due process in all situations.  But one wonders if these recommendations fall on deaf ears.  The CECC is supposed to be a joint commission between Congress and the Executive.  But as reflected in the masthead for this year’s Report, the Executive positions on the CECC remain empty.  While the Trump Administration is not shy in lambasting China on a variety of issues, and in early September word was leaked that it was considering economic sanctions against China for its internment of Uighurs, the fact that key Executive positions on the CECC remain empty over a year and a half into the Trump Administration, belies any meaningful commitment by the Administration to human rights and rule of law in China.  An unfortunate development given the severe situation documented in the CECC’s 2018 Annual Report and the danger it poses to the United States and the post-World War II world order.

Book Review: Paul French’s City of Devils

By , September 27, 2018

Paul French, the author of the acclaimed true crime book Midnight in Peking is finally back.  It’s the 1930s again, Japan is on the march, brutally invading China, but in City of Devils: The Two Men Who Ruled the Underworld of Old Shanghai, French’s thrilling new book, the foreigners who occupy Shanghai’s International Settlement could care less.  As China burns and the rest of the world goes to war, these “Shanghailanders” frolic in neon-lighted nightclubs, gamble their immense wealth at the newest roulette tables, and drink and smoke opium till their hearts content.  Their frivolous lifestyle propped up by a seedy network of gangsters, ex-cons and grifters.

City of Devils follows the two most influential characters of that underworld – “Dapper” Joe Farren, a.k.a. Josef Pollack, a Jewish-Viennese émigré who uses his dance skills and panache to set up some of the Settlement’s best music and dance acts, and “Lucky” Jack Riley, a.k.a. Fahnie Albert Becker, an American ex-con, who escaped prison, and with no passport, papers or identity, fled to the only city that would take him: Shanghai.  Starting with nothing when they arrive in the late 1920s, the two would build an empire of sin, Farren with the night acts and Riley with slot machines, the one gambling device that was not declared illegal in the Settlement, very much an oversight of the law.  In the clipped speech patterns of a 1920s gangster film, French recounts Farren and Riley’s decade-long rise and their unique business methods, methods that would eventually catch the eye of the United States government.

Meticulously researched and eloquently written, French captures the feel of the time period and the lawlessness that seemed to flourish in Shanghai’s International Settlement, especially after the Japanese takeover of Shanghai in 1937.  The Japanese did not invade the International Settlement or the French Concession when they took Shanghai, allowing the foreigners to go on living their lives as if nothing was different.  But for many Shanghailanders, the writing was on the wall with Japan’s continuous advancement in China.  Those Westerns who could get out of Shanghai, did.  By late 1937, early 1938, the only foreigners left in Shanghai or those who had no choice – Jewish refugees fleeing the Holocaust, earlier Jewish émigré like Farren who can’t go back to Europe, White Russians who fled the Bolshevik Revolution, people like Riley with a crime record so long, that arrival back to the United States would only mean prison, and businessmen and their families whose finances were so entwined with Shanghai that leaving did not seem possible.

It is with 1937 that French’s story really peaks, with Riley, Farren and a slew of other colorful characters all but running the International Settlement.  Because of an increase in opium smuggling to the United States, the U.S. government sends over government agents to try to break up some of the criminal gangs.  But their limited resources are no match for the wealth of the underworld.  Nor for a society that seems more intent on protecting the Rileys and the Farrens of Shanghai so that their evening entertainment can continue unabated.

Young Victim of the Battle of Shanghai

But while many of French’s characters are blissfully ignorant of the world outside of the Settlement, French is emphatically not.  At no point does he allow the reader to forget the human suffering brought upon the Chinese people with the ruthless advancement of the Japanese army.  Only a few months after the fall of Chinese Shanghai comes the rape of Nanjing, an orgy of violence perpetuated on a civilian population, the scale of which the world had not seen before.  But the Battle of Shanghai, considered one of the bloodiest battles of the war, also reaped destruction, taking the lives of over 300,000 Chinese citizens.  And even after that battle, the Chinese continued to suffer.  While the Shanghailanders of the International Settlement sip their imported champagne, Chinese citizens were starving to death, collapsing and dying in streets by the truckload.  Often their bodies just left to rot.  In a particularly harrowing detail, French describe the hundreds of coffins filling up local coffin storage building, with the hope that the burials will occur before the spring when the bodies begin to thaw.  It is that contrast in experiences that leads to the reader’s ultimate disgust with the Shanghailanders.  Eventually history would catch up with them, with the Japanese invading the International Settlement almost immediately with the attack on Pearl Harbor.

French does an amazing job of describing the Shanghai of the 1930s, a brief time period that has been romanticized by many, but that French looks at with a more honest eye.  It is true that French takes many liberties and embellishments with the private thoughts and conversations of many of his characters – the real people who did exist – and that has opened him to some criticism.  But that is the genre that French has created – a novel-like feel based on true facts.  Facts that French acquired through years of researching the archives of the International Settlement, of the foreign police in Shanghai and the various foreign courts (see French’s recent interview on the Sinica podcast for more detail on his research).  Certainly the criticism is fair, and perhaps a bibliography listing the sources French used could have been informative as well as interesting.  And it might have been better to put the glossary of Chinese and other foreign words at the front of the book to help those not familiar with the words.  But other than, this is a fun read.

Rating: ★★★★☆

City of Devils: The Two Men Who Ruled the Underworld of Old Shanghai, by Paul French (Picador, 2018), 246 pages.

Forced Departure of American Journalist Megha Rajagopalan – Is it Really Not About Xinjiang?

By , September 9, 2018

***Correction – After this post was published, a reader with experience on Chinese visa issues informed China Law & Policy that it isn’t always that a news outlet cannot establish a permanent office because of economic costs or means, but also because the Chinese government will not allow certain news outlets to establish a permanent office, thus preventing those reporters the ability to obtain the J-1 visa.  We have corrected the post to reflect this important difference and thank the person who informed us.  EML, Sept. 10, 2018***

Buzzfeed’s Former Beijing Bureau Chief, Megha Rajagopalan

Every three years, the Chinese government has effectively expelled a foreign journalist from China.  It started with Melissa Chan, an American journalist working for Al Jazeera, in 2012.  In 2015, it was Ursula Gauthier, a French journalist for L’Obs.  And last month it was Megha Rajagopalan, the Beijing Bureau chief of the online news magazine Buzzfeed.

With each expulsion of a foreign journalist comes speculation as to why.  Why did the Chinese authorities fail to renew a visa or cancel a press card.  The Chinese government hardly ever explains its reasons, citing that such failure to renew a visa was “in accordance with law.”  But no law or regulation is ever cited, let alone a specific provision.  As a result, most outside of China view the Chinese government’s decision having more to do with the reporter’s coverage of China than with any violated regulation.  With Gauthier, the Chinese government was more explicit about its decision to cancel her press card, with the Ministry of Foreign Affairs (MOFA) criticizing Gauthier by name because of her scathing editorial on the Chinese government’s treatment of the Uighurs, a Muslim ethnic minority, in the Xinjiang Uighur Autonomous Region of China.

Here, there can be little doubt that it was Rajagopalan’s reporting that resulted in her effective expulsion from China.  Under the law, MOFA clearly could have renewed Rajagopalan’s short-term journalist visa.  For some reason, it chose not to

Rajagopalan’s Reporting on Xinjiang – Why Is the Chinese Government So Sensitive About This?

Like Gauthier, Rajagopalan had done some hard-hitting reporting on the Uighers in Xinjiang, with an October 2017 article exposing the Chinese government’s increased surveillance and its mass detention of Uighurs for no other reason than being Uighur. Reporting from Xinjiang, Rajagopalan’s article was one of the first to uncover the Chinese government’s frightening oppression of Uighurs.  It also won her the Human Rights Press Awards’ Best Features Article (English) for that year.  In July 2018, Rajagopalan followed up her ground-breaking piece with another explosive article that brought to light the Chinese government’s pressure tactics on Uighurs abroad, including threats to send their Xinjiang-based family to internment camps if they do not spy on other Uighurs.

Xinjiang has long been a sensitive area for the Chinese government, fearing that the Muslim Uighurs could launch a successful separatist movement.  As a result, for over a decade, the Chinese government has instituted a national policy to “Go West,” encouraging ethnically Han Chinese to move to Xinjiang to develop this resource-rich area.  With the Go West policy, Xinjiang’s population has changed dramatically, with a current Han population of 40%, compared to 6% in 1949.  And with the increase in the Han population has come a decrease in the Uighur’s political clout and self-governance since Chinese Communist Party membership usually means giving up religion.  Few of the ethnically Muslim Uighurs are atheists and hence, unable to join the Party, and thus unable to effect change in their own region.  For example, when, in 2009, the Chinese government decided to destroy much of the the old city of Kashgar, a city that stood for centuries and was perhaps the most Uighur area of all of Xinjiang, the Uighurs were unable to stop it.  Needless to say, such loss of power over their own destinies and the attempted destruction of their own cultural identity has not produced a population satisfied with Chinese rule.

Some of the routes on China’s One Belt, One Road

And Xinjiang’s importance to the Chinese government has only increased in recent years as Xinjiang is central to the success of China’s “One Belt, One Road” policy.  Launched in 2013, One Belt, One Road is China’s very serious and well-funded attempt to exert economic influence globally. Xinjiang is the key land route to Central Asia and Europe, making it even more crucial that the Chinese government subdues the Uighur population.  To do so, in 2015, the Chinese government passed two national laws that had an disparate, negative effect on the Uighurs of Xinjiang: the broadly-worded National Security Law, that equated religious “extremism” with terrorism, and the Counter-Terrorism Law, which gave security forces significant powers to prohibit “extremism.”   Xinjiang was the first province to issue local regulations to carry out the precepts of the Counter-Terrorism law, including mandating governmental “aid and education” for those individuals who, while not convicted of any crimes, were induced into participating in terrorism or extremism, seemingly laying the groundwork for the mass detentions currently occurring. (See Xinjiang Implementing Regs of the Counter-Terrorism Law,  Art. 38)  And Rajagopalan’s article was one of the first to show that Uighurs were in fact being massively surveilled and detained in re-education internment camps without ever being tried – let alone convicted – of any crime.  Instead it was the simple practice of their religion that the government viewed as “extremism.”

Since Rajagopalan’s October 2017 article, both by the United States Department of State and the United Nations estimate that close to a million Uighurs have been sent to these internment camps without any trial, all for the purpose of stamping out the Uighur identity.  And there appears to be no end in sight with satellite images showing the rapid building of what looks like even more internment camps.

Chinese police officer stands guard outside a mosque in Xinjiang.

As more and more information began to emerge in the international media about the depth of the Chinese government’s whole-scale human rights violations against Uighurs, and as foreign governments and international bodies began to take notice and advocate sanctions against China, Rajagopalan’s visa was almost up and the Chinese government was in the midst of determining whether to renew it.  In May 2018, MOFA, the oversight agency of foreign journalists, informed Buzzfeed Rajagopalan’s journalist visa would not be renewed, forcing Rajagopalan to leave China as soon as it expired.

When questioned at an August 23, 2018 press conference, MOFA spokesperson Lu Wei stated that Rajagopalan’s visa issue was handled “in accordance with law and regulation” and, in his remarks, made a distinction, without explaining the significance, between Rajagopalan’s visa – a short-term journalist visa, known as a J-2 visa – and a resident foreign reporter’s visa, known as a J-1 visa.

Are J-2 Visa’s Non-Renewable Under Chinese Law?

Unlike the United States, where there is only one type of journalist visa, Chinese law distinguishes between two types of journalist visas, the J-1 and the J-2.  The J-1 visa can only be issued to journalists whose news agency has a permanent office in China (See Regulations on the Exit-Entry of Foreign Administration of Foreign Nationals (“Exit-Entry Regulations”), Article 6(5)).  Because of the “permanent office” requirement, J-1 visas are increasingly issued to only more traditional outlets; think the New York Times, the Washington Post, the Guardian, etc.  J-1 visas also confers residency status, and J-1 visa holders must also apply for a Press Card from MOFA within 7 business days of their arrival in China. (See Regulations of the People’s Republic of China on News Coverage by Permanent Offices of Foreign Media Organizations and Foreign Journalists (“Foreign Media Regulations”), Article 10).

J-2 visas are issued to journalists who come to China for short-term reporting and there is no permanent office requirement. (Exit-Entry Regulations, Article 6(5).)  Traditionally, those are journalists coming to do a one-off story; for example, when a New York Newsday reporter travels to cover the U.S. President’s visit to China, or the Des Moines Register sends a reporter to cover the pork market in China.  J-2 visas are limited to six months (Foreign Media Regulations, Article 2) and J-2 journalists do not obtain a Press Card.

MOFA spokesperson Lu Wei

But increasingly, news agencies are seeking to send long-term reporters to China without establishing a permanent office.  This is especially true of online outlets like the Huffington Post and Buzzfeed, who, according to a source with knowledge of China’s visa issues, the Chinese government will not permit to set up a permanent offices.  or any agency that just doesn’t have the deep pockets of a Wall Street Journal or a New York Times.  But because they do not have a permanent office, Thus, their China-based reporters cannot obtain a J-1 visa.  Instead, the Chinese government has been providing these reporters with a J-2 visa with the understanding that the visa will be renewed when the initial term is over.  According to the New York Times, this was the deal that Buzzfeed worked out with the Chinese government prior to Rajagopalan’s arrival –a six month J-2 visa renewable upon its expiration. But when Rajagopalan’s six months were up, MOFA failed to renew her J-2 visa.

MOFA’s response to the question about the failure to renew Rajagopalan’s visa – that she was not a resident foreign reporter – seems to imply that the law does not permit the renewal of J-2 visas.  But this is not true.  Article 29 of China’s Exit-Entry Administration Law clearly contemplates the renewal of any short-term visa.  Article 29 lays out the procedures by which the holder can apply for an extension and the only limitation being that the renewed visa cannot be for a longer length of time than the original visa.

Al Jazeera journalist, Melissa Chan, back when she could report from China

In fact, MOFA has renewed J-2 visas in similar situations.  For two years, Matt Sheehan was the Huffington Post’s China-based reporter, meaning that his J-2, short-term visa must have been renewed every six months.  Similarly, Melissa Chan had three J-2 visas, repeatedly renewed until the Chinese government refused to renew her visa for a fourth time.

MOFA had the authority to renew Rajagopalan’s J-2 visa, it just decided not to.  And Rajagopalan’s reporting on Xinjiang was the catalyst that has led to the current international attention to Xinjiang, including the United Nations’ Committee on the Elimination of Racial Discrimination’s public rebuke of the Chinese government’s practices in Xinjiang.  In July, the Congressional-Executive Commission on China (CECC) held a powerful hearing condemning China’s human rights violations in Xinjiang and calling for the use of the Magnitsky Act against officials involved with Xinjiang.

Going to market in the police state of Xinjiang

Every day there are more and more articles exposing the internment of millions and the efforts to eliminate the Uighur culture.  The international heat is on about the Chinese government’s human rights violations in Xinjiang.  And the Chinese government’s failure to renew Rajagopalan’s visa was not just retribution against her.  Likely it was intended as a teaching lesson to other journalists – report on this and we might fail to renew your visa too.  Fortunately, no one has taken the cue and powerful reporting continues.  What will be the test comes this December, when all resident foreign reporters go through the annual rite of renewing their press cards and J-1 visas.  On some level, Rajagopalan, with her short-term J-2 visa, was low-hanging fruit.  Will the Chinese government conveniently lose paper work of resident foreign journalists, forcing them to leave the country while they wait for their paperwork to be found?  Or will press cards be canceled?  Or even more terrifyingly, will the Chinese government completely close off all access to Xinjiang?

Make no mistake, Rajagopalan was only the start.  Xinjiang – and the Chinese government’s desire to eradicate a strong Uighur identity – is too important for the Chinese government not to ratchet up its game.

Book Review: Patriot Number One – American Dreams in Chinatown

When Zhuang Liehong arrived in America he anticipated a country that would open its arms to him and celebrate his arrival.  Only years before – in 2011 – Zhuang, then 28 years old, had been the darling of many a Western newspaper as he led the mass protests in his village of Wukan.  It was Zhuang who started the Wukan revolt, waking up fellow villagers to the illegal appropriation of local land with little to no compensation.  And it was these protests that would necessitate Zhuang’s exodus from China to the United States.

But as Lauren Hilgers portrays in her powerful, thought-provoking new book, Patriot Number One: American Dreams in Chinatown, America was anything but welcoming.  Instead, Zhuang, and his wife Little Yan, find themselves friendless, jobless and directionless in New York; their infant son left in Wukan with Zhuang’s parents.  The few contacts Zhuang has in New York don’t have the advice he needs to survive as an undocumented immigrant in Flushing, Queens.  As Hilgers recounts, Zhuang came to America believing that applying for asylum could easily be done with a simple application and some newspaper clips about his advocacy.  But Zhuang quickly learns that America’s immigration system is a bureaucratic nightmare; that this proud man whose name once was splashed on the pages of the New York Times, is nothing more than a number in America’s soul crushing asylum process.  It is Hilgers’ deft writing and keen observations that allow the reader to feel with Zhuang.  Yes, at times, he is arrogant, thinking that because of who he is, he will go to the front of the line.  But at the same time, the reader feels the disappointment that Zhuang must have felt when reality set in.

Hilgers goes back and forth between Zhuang’s old life in China – recounting the injustices that the Wukan villagers suffered as a result of their standing up to the government – and his new life in Flushing, effectively interweaving the two stories into one narrative.  But it is the second part of this narrative – the immigrant life – that currently resonates the most given the Trump Administration’s zero tolerance policy toward migrants fleeing violence in El Salvador, Nicaragua and Honduras.

The size of the crowds of the 2011 Wukan Protests Photo courtesy of the BBC

Hilgers doesn’t shy away from the fact that for Chinese immigrants, it is in many ways easier to obtain asylum than those currently coming from Central America.  U.S. immigration policy makes a distinction between state-sponsored violence and violence perpetrated by private actors, preferring the former.  For the Chinese, showing state-sponsored violence – the one child policy, discrimination against Christians, assault of human rights activists – is pretty easy in a one-party, Communist dictatorship.  In fact, as Hilgers documents, an asylum industry of sorts has emerged in Flushing: churches willing to give out attendance certificates to its members; Chinese immigrants who, unlike Zhuang, have never thought about democracy attend the weekly protests of the Chinese Democracy Party; and asylum lawyers that abound in Flushing, willing to tell their clients the “tricks” to get asylum, even after a 2012 raid by the U.S. Attorney for the Southern District of New York.

Zhuang Liehong in New York City. Still Protesting. Photo courtesy of Lianian Films. http://www.lianainfilms.com/

But for the families coming from Central America, trying to obtain asylum is not as easy since the violence they are fleeing is perpetrated by criminal gangs, in other words, private actors. Even though these countries have weak governments, where crime is rarely prosecuted, that is not enough to show state-sponsored violence.  And in addition to Trump’s current zero tolerance policy, a policy that initially ripped children from their parents, and Jeff Sessions’ rescission of domestic violence and gang violence as a basis for asylum, Trump has also revoked the temporary protected status designation for El Salvadorian immigrants, a status that allows undocumented immigrants to remain in the United States.  By September 2019, 350,000 immigrants will be deported backed to El Salvador, one of the world’s most violent nations.  Somehow, under U.S. immigration policy, unspeakable acts of violence on little Latino children isn’t a grave enough atrocity. Hilgers doesn’t discuss this issue in her current book, but it is something that many readers might be thinking about given Zhuang struggles and the current struggles of the migrants desperately trying to find a safe place for their children. And, as Hilgers recounts in her analysis of the Chinese Exclusion Act of 1882, even with a complete ban, Chinese immigrants found a way to get into the United States.  As long as circumstances in the home country remain dire, people will continue to flee to a better place.  And that place has long been America.

Through Zhuang’s story and many of the other engaging characters Hilgers writes about – Little Yan, Karen, Tang Yuanjun – we get to see the insular, and lonely world, that is immigrant life in Flushing.  At times it is heartbreakingly sad and at times, down right funny.  But through it all, Hilgers brilliance as a writer shines through; every character she writes about, she completely humanizes.  These are not immigrants from a foreign country with a different culture; these are human beings that, like each of us, suffer life’s disappointments and, like each of us, find joy in life’s small accomplishments.  Given the times, it is important to be reminded of that and Patriot Number One is a must read.

Rating: ★★★★½

Patriot Number One: American Dreams in Chinatown, by Lauren Hilgers (Crown New York, 2018), 324 pages

The Tiananmen Square Sanctions – Needed Now More than Ever 29 Years Later

The Protests on Tiananmen Square, Spring 1989

Twenty-nine years ago today, on June 4, 1989, the Chinese government ordered the unprovoked and brutal assault by the People’s Liberation Army on tens of thousands of unarmed civilians surrounding Tiananmen Square.  The exact number of people killed the night of June 3, 1989 into the early morning hours of June 4 is only known to the perpetrators of the massacre: the Chinese Communist Party (“CCP”). But whether it was a few hundred or a few thousand does not diminish the fact that peaceful protests were squashed with such a violent – and unnecessary – crackdown.

In the immediate aftermath, other countries had to figure out how to respond to a government that would massacre its own people.  In the United States, that response came from President George H.W. Bush who granted asylum to Chinese dissidents and ordered a plethora of sanctions against China, including suspension of U.S. foreign aid, arm sales, high-level government exchanges, export licenses for certain products and the linking of Most Favored Nation status to human rights. (see Congressional Research Services, China: Economic Sanctions (Aug. 22, 2016), pp. 1-3)  In the months that followed, Congress codified many of those sanctions including the suspension of export licenses for crime control and detection equipment. (see Public Law (“P.L.”) 101-246, § 902(a)(4))  Congress’ reasons for codifying these sanctions: the random arrest and detention of those suspected of participating in the Tiananmen Square protests (P.L. 101-246, § 901(a)(3)-(4)), continued surveillance on activists (P.L. 101-246, § 901(a)(5)), blocking foreign journalists from covering the events (P.L. 101-246, § 901(a)(7)), and continued and unlawful repression of human rights activists and activities (P.L. 101-246, § 901(a)(8)).

But as time progressed and the events of June 4, 1989 became a distant memory, many of the U.S.’ Tiananmen Square sanctions were waived or rendered obsolete. (China: Economic Sanctions, p. 3)  But one sanction that still remains in effect today is the suspension of export licenses to any U.S. company seeking to sell any equipment or instruments related to crime control and detection. (Id., pp. 3, 8; see also Office of the Chief Counsel, Bureau of Industry and Security of the U.S. Dep’t of Commerce, Legal Authority: Export Administration Regulations (Jan. 4, 2017) (“BIS Legal Authority”), Part III.7 (p. 106)).  Although the President can terminate the sanctions, he can only do so if he issues a report to Congress that provides one of two reasons – either that the Chinese government no longer perpetuates human rights violations or it is in the best interest of the United States to terminate the sanctions.  It does not appear that a U.S. president has ever issued such a report in regards to crime control sales, leaving the Tiananmen Square sanctions against of such equipment by U.S. companies to China very much in effect.

Chinese police with facial recognition sunglasses

As China uses technology more and more to suppress any form of spontaneous dissent and to constantly surveil its citizenry, the Tiananmen Square sanctions against the sale of crime control equipment to China seem particularly prescient.  But, unfortunately, the sanctions have rarely been enforced and U.S. companies skirt the sanctions with impunity.  In 2011, Cisco sold over 500,000 cameras to the city of Chongqing specifically to watch its citizens. Every year, U.S. technology and security companies enthusiastically market their goods at the China International Exhibition on Police Equipment, an annual trade show sponsored by the Ministry of Public Security.

And now it turns out that U.S. companies are actively participating in what can only be termed the most profound police state in human history: the mass surveillance, detention and abuse of Uighurs, a Muslim ethnic group in China’s western province of Xinjiang.  Cameras on every street are equipped with facial recognition; Uighurs are constantly stopped by police to check their social media accounts on their phones; over 500,000 Uighurs have been forced into detention without any trial, under the guise of “Political Education Centers;” iris scans and blood tests, in order to collect DNA, are randomly performed on Uighurs; the Han Chinese in Xinjiang are exempt from these abuses.

Unfortunately, U.S. company Thermo Fisher Scientific is one of the entities selling DNA technology to the Chinese Ministry of Public Security and various Public Security bureaus across China, including those in Xinjiang, according to a Human Rights Watch report.  Last month, the Congressional-Executive Commission on China (“CECC”) issued a letter to Wilbur Ross, the Secretary of Commerce, calling on him to investigate Thermo Fisher’s sales to China’s public security organs in light of the export sanctions and to report what other export licenses are being granted in violation of the law.  It does not appear that Secretary Ross has responded to the CECC’s inquiry, and if the history of the enforcement of the Tiananmen Square sanctions is any guide, he will not.

Chinese police in Xinjiang city of Kashgar

Many of the reasons for the passage of the Tiananmen Square sanctions almost 29 years ago – the repression of dissent, surveillance of peaceful protesters, the concealment of information, the violation of human rights – are very much alive and well in today’s China.  It is true that given China’s current status in the world, it will be much harder now to influence China’s domestic behavior than it was in 1989.  But that doesn’t mean that the United States should abandon its own laws, or the policies underlying those laws.  The government should not permit U.S companies to profit from the Chinese government’s creation of a Jim Crow society in Xinjiang.   To do so would be a disrespect to the many innocent lives lost 29 years ago today and to the valiant efforts of the U.S. government in the wake of the massacre to ensure that the U.S. does not play a role in human rights violations in China.

Just for Fun – Art Review: Tokyo National Museum’s Toyokan Gallery

By , March 29, 2018

The Toyokan Gallery at the Tokyo National Museum

On a rainy Tuesday in Tokyo, I found myself with a lot of time to kill at the Tokyo National Museum and as a result, ended up meandering into its Toyokan Gallery. A small, compact gallery, it houses some phenomenal art and artifacts from ancient China.  While the Museum’s “Highlights of Japanese Art” is what draws in most tourist, a stop at the Toyokan Gallery is equally a must.

Camel on the Silk Road

At the turn of the 20th century, while Qing Dynasty China was in a state of disarray, much of Western China became part of an international, archeologist race for who could uncover the ancient Buddhist capitals of the Silk Road.  With those discoveries also came a wealth of riches, namely the ability for those archeologists to take some of China’s most impressive artifacts back to their home countries.  Although the British, with Aurel Stein, and the French, with Paul Pelliot, obtained some of the most well-known artifacts from Western China, the Japanese were in on the game, sending a mysterious figure, Count Otani Kozui to these far reaches of China.

A map of Count Otani’s 3 tours to Western China, presented at the Tokyo National Museum

It is his discoveries – and many other Japanese archeologists and collectors who soon followed in his path – that make the Toyokan Gallery an impressive collection.  While the Museum does not exhibit any of the original work that Count Otani obtained during his three exhibitions to the celebrated, ancient Silk Road city of Dunhuang, the Museum does lay out other artifacts that show the beauty of Chinese art from the the eighth century, as well as the early sinicization of Buddhist sculpture.  In addition to pieces from far Western China, the Toyokan also has a number of splendid Buddhist wall sculptures, also from the 700s and lifted from a Buddhist site from the then capital of China, Chang’an (present day Xi’an).  The Museum does not explain how or why it has these niche carvings, but the collection is something to be seen.

A sublime example of Gandhara Buddhist artwork

But what makes the Toyokan Gallery truly superb is it large collection of Buddhist art from Gandhara, a kingdom which existed between 1200 BC and 500 AD and was conquered by Alexander the Great in 327 BC.  Gandhara was located in what is now present-day Afghanistan and Pakistan.  As a result of its history and geography, Gandharan art, with its crossroads of the Western world and the Eastern civilizations, shows the confluence of both.  It was also one of the first civilizations outside of India where Buddhism took hold on its way to China, Korea and eventually Japan.   But shockingly for most, its statutes of Buddha are not at all Asian.  Instead, the sculpture has traces of Greek and Roman influences – Buddha with western facial features, with curly hair. The Museum has some key pieces that truly highlight the beauty that is Gandharan Buddhist art and leaves the spectator in awe.  It would be a travesty to go to the Tokyo National Museum and miss this remarkable collection.

Gandhara Art!

The remaining floors also have other pieces of interest to Chinese art aficionados. Ceramics, lacquerware, and a rather impressive collection, largely from private donations, of Chinese scroll paintings and calligraphy.

Given its size, adding the Toyokan Gallery will probably only add an extra hour to your visit to the Tokyo National Museum.  But in that hour, you see some of the finest examples of Gandharan and western Chinese Buddhist art.  Expect your mind to be blown.  And it would be crazy to miss that.

 

Rating: ★★★★☆
Toyokan Gallery (the Asian Art Gallery)
Permanent Exhibit
Tokyo National Museum
13-9 Uenokoen, Taitō, Tokyo 110-8712
Sundays through Saturday, 9:30 AM to 5 PM; Open later Friday, Saturdays & Sundays
For more information on hours and how to get there, visit: http://www.tnm.jp/modules/r_free_page/index.php?id=113
Cost = 620 Yen

China’s Peaceful Rise? The Fate of Lawyer Liu Yao

By , March 4, 2018

Since 2004, it has been illegal to build golf courses in China.  Not only do they suck up a tremendous amount of water, but all too often local officials unlawfully appropriate farmers’ land for these golf courses.  In 2015, President Xi Jinping focused his anti-corruption campaign on the sport, forbidding Chinese Communist Party (CCP) officials from playing the game.  But even with these prohibitions, golf still reins.  Since 2004, over 400 new golf courses have been illegally built.

Thus, one would think that the Chinese government would welcome a local tip that an official was appropriating village land to sell to a developer to build a golf course.  But that is not how the Chinese government responded when, in August 2015, Guangdong attorney Liu Yao reported precisely that.  Instead, Liu Yao now sits in a jail cell, serving a 20 year sentence on what most believe are trumped-up charges in retaliation for his whistle-blowing.

Like many Chinese human rights lawyers, Liu Yao is not a stranger to the inside of a Chinese prison.  In 2008, Liu was given a four year sentence for leading a demonstration of farmers who had not been properly compensated when government officials took their land. His sentence was decreased to 18 months after the Shenzhen Lawyers Association began a campaign to expose the sham that was his conviction.

But as in every society, land has value and the powerful will seek to unlawfully strip the poor of their land rights, enriching themselves in the process. For China, that struggle is happening in the rural villages. And that is what makes Liu, an effective advocate for these rural poor, a danger to the powerful.

Liu Yao awaiting his verdict

But Liu is more than just an advocate.  He is one also of them, deepening his clients’ faith and trust in him.  As Tom Mitchell reported back in 2009, Liu himself is the son of farmers, teaching himself the law after witnessing injustices against his family and feeling powerless to do anything about it.  He knows the value of land to farmers and since passing the bar exam in 2003, has successfully helped farmers in his home province of Guangdong to fight to keep their land or, at the very least, for the market value of what they are forced to give up.

So when He Zhongyou, the Party Secretary of Heyuan City in rural Guangdong, appropriated thousands of farming fields to sell to a company to build an “ecotourist site”, Liu, whose 2008 conviction resulted in his disbarment, did what he could: he filed a complaint about He Zhongyou to the CCP’s Commission for Discipline Inspection in Guangdong.  Make no mistake, He Zhongyou’s ecotourism development was not a secret to the central government; the local state-run media had already celebrated He Zhongyou’s development.  But what Liu highlighted was the fact that the ecotourist site was to also include an illegal golf course, something not reported by the press.  And Liu did not just submit the complaint.  A few days later, on August 22, 2015, he also published it on his blog for all to read.

On December 26, 2015, while meeting with a colleague, Liu Yao was grabbed by a number of men, thrown into an unmarked minivan and taken away according to an article that appeared in the Southern Metropolis Daily.

For over six months, Liu was held incommunicado, under the now infamous and well-abused legal procedure of “residential surveillance at a designated location” (RSDL).  Under Article 73 of the Criminal Procedure Law (CPL), RSDL is permitted when the individual is being investigated for national security crimes; national security also permits the police to deny access to lawyers and family members (CPL, Art. 37; see also RSDL Monitor for more on the abuse of RSDL on human rights defenders).  The “evidence” the police used to claim that it was investigating Liu Yao for national security crimes, was a picture of Liu with two well-known Western China law experts, Professors Jerome Cohen and Eva Pils.  Because of that picture, the police claimed that they were investigating Liu for “providing state secrets to foreigners.”

Liu Yao and his wife, Lai Wei’E

Ultimately, the police’s national security investigation went nowhere except for the very useful fact that it provided a fig leaf of legality to deny Liu access to his own lawyer.  On June 23, 2016, Liu was officially charged with extortion (Art. 274 of the Criminal Law (CL)), fraud (CL, Art.192,) , and trafficking in children (CL, Art. 240).  The extortion and fraud claims related to Liu’s work in achieving beneficial settlements from some of the local industries for their illegal appropriation of his clients’ land.  The trafficking charge was a result of his and his wife’s adoption of a baby from an unwed mother who already had three other children.  But in addition to Liu, four local farmers were also charged as well as Liu’s own son.  Liu’s wife, Lai Wei’E was also held for a year, allegedly while the police were investigating the legality of the adoption.

With a closed door trial, lack of access to a lawyer, and the fact that Liu was exposing the local government’s most important revenue-generating strategy – illegal land grabs – a judgment of guilty on all charges was all but certain.  And on April 24, 2017, the Heyuan City Intermediate People’s Court found Liu Yao guilty, sentencing him to 20 years and a fine of 1.4 million RMB ($221,000).  Liu’s son was given four years and three months for helping his father post materials online with the three farmers receiving sentences ranging from four years to nine and half years.

He Zhongyou

Even with the Chinese government crackdown on human rights lawyers that began in earnest in July 2015, Liu’s 20 year sentence is harsh.  It is almost triple that which was given to the “ringleaders” of China’s human rights lawyers.  Such a harsh sentence likely shows the continued importance to the Chinese government of being able to take farmers’ land without proper compensation.  Even representing Falun Gong participants, petitioners, other rights activists is not as threatening to the government as representing those who challenge an important revenue source to local officials.

And what happened to He Zhongyou after Liu Yao exposed his land grab to build a golf course?  He has had a series of promotions.  In January 2016, as Liu languished in detention, He Zhongyou became the vice-governor of Guangdong Province, an influential position in one of China’s wealthiest provinces.  In May 2017, after Liu Yao received his 20 year sentence, He Zhongyou was again promoted to the powerful position of Secretary of the CPP’s Political and Legal Affairs Commission for Guangdong.

From the website for the resort that shows the golf course

And the illegal golf course? It’s been built along with a resort of luxury RVs, personal saunas and a Disney-like castle to serve as the golf club.  For this playground of the wealthy, Liu Yao got 20 years, pretty much a life sentence for this 56-year-old.

Since taking over the leadership in 2012, Xi Jinping has attempted to reassure foreign powers that China’s rise is peaceful.  But all evidence points otherwise.  In the summer, it was the unnecessary death of Nobel Peace Prize winner Liu Xiaobo while he was serving an 11 year prison sentence; last week it was the mysterious death of human rights lawyer Li Baiguang after being admitted to a state-run hospital for stomach pains; a few days ago it was Xi’s moves to eliminate term limits; and then there is Liu Yao’s 20 year sentence for exposing the corruption and injustice that Xi’s government has publicly stated it wants to eradicate.  Increasingly, China’s rise – or more apt, Xi’s consolidation of power – has not been peaceful.  It is time foreign government recognize that what is happening to China’s human rights defenders is not an outlier but is instead a reflection of the governing philosophy of Xi’s regime, both domestically and internationally.  And it’s time they start to care and raise these issues publicly.

Chinese Government Set to Abolish Term Limits

By , February 25, 2018

President Xi Jinping, trying to be more Mao than Mao?

In preparation of the three-day plenum set to start on Monday, the Central Committee of the Chinese Communist Party, the Party’s highest ranking body, announced today that it would propose the elimination of the term limit provision found in the Chinese Constitution.  While the proposal still has to be ratified by the National People’s Congress (NPC), which is set to convene on March 5, 2018, the Party-controlled NPC will likely rubberstamp the proposals that emerge from this week’s Party plenum.

Added to China’s 1982 Constitution, the term limit provision limits the president and vice-president to two, five-year terms.  It was put in place in response to the excesses of the Cultural Revolution and the one-man leadership of Mao Zedong, with its goal to ensure the peaceful transfer of power from one leader to another and eliminate the consolidation of power in one man.  But it’s repudiation all but guarantees that current President Xi Jinping will continue on as China’s leader well past 2023, when his second term was to end.  It also signifies that, with the rapid purging of rivals through his anti-corruption campaign, all power now resides with Xi.  Gone is China’s governing model of a collective Party approach, an approach where Xi would merely be the first among equals, an approach that has ruled China for the last 35 years.

The last time a U.S. President met a one-man-rule leader.

How will the United States confront this new challenge is anyone’s guess.  The United States, only formally recognizing the People’s Republic of China in 1979, has only engaged China with a collective leadership.  And as if on cue, last week, the Asia Society’s online magazine, ChinaFile, published a series of conversations from experts about how the U.S. should engage a rising China under Xi Jinping.  It’s a very timely piece and well worth the read, with many already acknowledging complete power in Xi.  And while Professor Jerome Cohen in his piece rightly points out that Xi will eventually pass from the scene and there will be a reaction to his harsh rule, much like there was when Mao died, expect that point to be much further away now that Xi will likely be able to rule indefinitely.

新年快乐! Welcome Year of The Dog!

By , February 15, 2018

On Friday, about a quarter of the world’s population will sit down with their families, eat a good meal and celebrate the most festive of holidays in Asia: the Lunar New Year.  While most associate the holiday with China, various other countries and cultures also celebrate it – South Korea, North Korea, Vietnam, Taiwan, Hong Kong, the Philippines and Asian communities throughout America.

But Friday does not just usher in a new year, it also brings in a new animal in the 12 animal zodiac.  And with the new animal, a new year of speculations and predictions.  This year is the Earth Dog which, with the earth element, is particularly auspicious since the dog’s internal element is also earth.  With earth reinforcing earth, it will reinforce the good.  But it will, unfortunately, also reinforce the bad.

If you are having a baby during this Earth Dog year, well then, lucky you!   A dog is loyal, compassionate, and values morality and justice; an easier kid to raise than a dragon or a tiger.  But a dog can also be “highly dependent, suffer from imaginary fears, and sometimes self-reclusive and silent.”

Thus, it should come as no surprise that the current U.S. president is a dog.  And that is the greatest fear for most Chinese feng shui masters for 2018.  In general, it is not good luck when the year matches your sign.  For dogs, to ward off the bad luck during this dog year, you should look to wear something red for most of the year – a red bracelet, red underwear, red socks – as red is seen to drive away bad luck.  But for Donald Trump, that likely will not be enough.  That is because Trump is a Fire Dog, and fire and earth clash.  According to Feng Shui Master Thierry Chow, “The elements are too much fire [in Trump] and too much earth [in 2018], so that’s going to be causing him imbalance in his fortune.” According to Chow, expect Trump’s fiery rhetoric to bring about “real problems” and tangible consequences.  Chow didn’t say if that also includes his tweets.

Trump aside, the question still remains – what about your horoscope for the year?  That is dependent on how your birth sign deals with the Earth Dog. Check out your personal horoscope here (note you may have to do a Bazi test to determine the strength of your birth year element.  You can do that here).

But no matter what the future may hold, may you spend Friday ringing in the new year with family, good friends and delicious food!  To our Chinese friends who celebrate the new year,新年快乐 (sin knee-an k-why le)!

Happy New Year!

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