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By Elizabeth M. Lynch, November 19, 2009

THE WHITE HOUSE

Office of the Press Secretary

_________________________________________________________________

For Immediate Release                        November 17, 2009

JOINT PRESS STATEMENT BY PRESIDENT OBAMA

AND PRESIDENT HU OF CHINA

Great Hall

Beijing, China

12:37 P.M. CST

PRESIDENT HU:  (As translated.) Your Excellency President Obama, and dear friends from the news media, ladies and gentlemen:  I’m very happy to meet our friends from the press and media.  To begin with, I would like to extend on behalf of the Chinese government and people a warm welcome to President Obama on his state visit.  Welcome to China.

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By Elizabeth M. Lynch, November 18, 2009

Chinese Students applaud after President Obama's Town Hall in Shanghai on Monday

Originally Posted on the Huffington Post.

Beijing, China – With scripted questions from the audience and a speech lacking particulars, President Barack Obama’s Shanghai town hall on Monday likely looked like a flop to the American audience. At the very least, it was a far cry from the free-wheeling town halls during Obama’s primaries and general election battles.

But this is not Iowa or Virginia. This is China, where the concept of the people questioning their leaders, holding them accountable or even talking directly to them is so foreign that there isn’t even a word for it. Monday’s event was translated as “mian dui mian” or face-to-face, which seems more apt for a talk show than a discussion with a world leader.

The very fact that President Obama was able to host a town hall in China should be viewed as a huge accomplishment. But more than anything, the town hall should be seen as a coming attraction of the new Administration’s China policy and China’s likely response. Below are some important takeaways from President Obama’s Shanghai town hall.

Takeaway #1 – Hosting a Town Hall in China is, In and of Itself, a Success
Town halls just do not happen in China. In an authoritarian state, there is little need for the leadership to answer directly to the people. This is not to say, however, that China’s top officials are completely immune from the citizenry’s complaints. The fact that, after extensive uproar in online chatrooms, the Chinese government lifted its requirement to install the spyware software Green Dam on every computer, shows that it sometimes does respond to public demands, albeit in a rather circuitous way. But direct accountability or accessibility is not common.

But while the Chinese leadership would prefer to keep it this way, it is questionable if the Chinese people will continue to agree with this approach. Premier Wen Jiabao’s (pronounced When Geeah-bao) popularity among the Chinese people is unparalleled precisely because he has been more accessible and accountable (In January 2008, Premier Wen, after a fluke snowstorm in the south shut down the railroads, went to various train stations to apologize to the millions of people stranded during the Chinese new year festival).

Thus at such a critical juncture, President Obama’s town hall provides the Chinese people with a look at an alternative form of leadership. What’s more, President Obama chose to speak to the young and educated, the segment of society that likely feels the grip of the government the most and likely the most idealistic for change. It is no wonder that the Chinese side gave a tremendous amount of push back to the President’s request for a town hall, only agreeing to it a few days before the event. In a relationship where it is often just best to lead by example, a town hall with the President of the United States is perhaps the best example of accountable leadership.

Takeaway #2 – China’s Increasingly Tight Grip – Comparing the Obama & Clinton Visits
But it is questionable if the President achieved his goal of speaking to the Chinese public, showing the Chinese government’s continuing control over the people’s access to information. The Chinese government refused to

Watching the President's Shanghai Town Hall on the Internet in a Starbucks in Beijing

broadcast the event on the government run China Central Television (CCTV), and then reneged last minute on broadcasting it live on the Xinhua News Agency’s website (the Beijing morning papers on Monday all reported that the event would be broadcast late that morning live on Xinhua’s website). Even clips of the town hall have not been shown on Chinese evening news. Ultimately, the event could only be watched through the White House’s website, giving only those Chinese people who know there is a White House website access to the event (Youtube is a blocked site in China).

In 1998, when President Bill Clinton visited Beijing, his speech to the students of Peking University received top billing from the Chinese government. The state-run media discussed his Peking University appearance for days prior and the speech was broadcast live on CCTV as well as on radio. Additionally, President Clinton appeared on a radio show in Shanghai to answer questions directly from call-ins.

So why the change? Is it that the Chinese government fears Barack Obama’s popularity more than Bill Clinton’s? Maybe, but not likely. President Clinton was very popular in China during his presidency and remains extremely popular today. In some ways, President Clinton’s speech at Peking University focused more directly on the need for greater human rights in China than even President Obama’s recent town hall.

Bill Clinton's State Visit to China, June 1998

The change has more to do with the Chinese government’s increasing ambivalence toward moving forward on the fronts of access to information, development of a civil society and greater political freedom for its people. By now, the Chinese Communist Party (CCP) must realize that greater independence for its people means less control for them; the CCP remains afraid to give up this control and not just for selfish reasons. For the past 30 years, this control has enabled the Chinese government to lift hundreds of millions out of poverty, better the lives of a billion people and in record-breaking time become an economic power horse. Its formula has worked, there is no doubting that. But as its growth plateaus, which it inevitably will, as the gap between rich and poor continue to grow, and as certain segments of society press for greater freedoms, whether the CCP can continue with the current ruling philosophy of control remains to be seen.

Takeaway #3 – Obama’s Human Rights Agenda – It’s There but It’s Not What You Think
This brings us to the third and final takeaway from President Obama’s town hall – where the Administration stands on human rights in China and what the U.S. should being doing to promote these rights.

In terms of human rights, President Obama discussed the source of America’s core values, the positive results of such core values to the American experience, and stated that he believed some of these values are universal. However, his focus on the American context of these values belied their universal nature. Many of the values President Obama listed, such as freedom of religion and of expression, are protected by the Chinese Constitution; the difference lies in each countries’ restrictions. President Obama likely could have made a stronger case for these principles’ universalities by pointing to the fact that China itself has stated its commitment to these values, but still has a ways to go to get there. In his speech in 1998, President Clinton did an excellent job of citing to the revered Chinese political philosopher Hu Shi (pronounced Who Shi) in his call for greater democratic freedom.

But in terms of specifics, President Obama went for a decidedly more modern human right – freedom of expression on the internet. First, some background. When the U.S. and China agreed to have a town hall, knowing that the students present at the town hall would likely be hand-selected by the government and would have scripted questions, the U.S. side requested that questions be submitted via the internet. The Chinese side agreed and Xinhua News Agency opened its website to questions for President Obama. However, internet chat rooms are often no less scripted in China, especially for politically-sensitive matters. The CCP hires a large number of people to police these chat rooms and steer the discussion in a direction more agreeable to the CCP.

And that is where the U.S. found itself when it allowed Xinhua news agency to organize the internet questions, a discussion of soft-ball questions like what was it like to win the Noble Peace Prize. As a result, the U.S. Embassy began its own webpage, encouraging Chinese people to send in their questions to their unregulated site. The vast majority of these questions pertained to the Chinese government’s censorship of the internet, blocking out politically sensitive information and shutting down social networking sites like Twitter and Facebook (this is not surprising since the Chinese people who knew to access the U.S. Embassy website are the most internet-savvy and thus likely the most frustrated with the Chinese government’s control.). Ambassador Huntsman’s question about President Obama’s stance on internet censorship came from the U.S. Embassy’s website.

President Obama’s response to the question, while veiled, was shockingly strong. In no uncertain terms, he expressed the belief that a free internet has made America a strong country, made him a better leader, and allows the people to hold their leaders accountable, thus implying that a censored internet has the opposite effect. The implication was likely not lost on the Chinese students.

It appears that the Obama Administration’s human rights agenda for China will focus around internet censorship. The Chinese government has spent a tremendous amount of time and resources in controlling the internet, and has largely been successful at stamping out content it deems objectionable, so it likely did not take too kindly to President Obama’s answer. But will this be enough to help China live up to many of its ideals? Can the internet solely replace the need for a functioning civil society, another area that the Chinese government is clamping down on? Or will it just be a place to shop like it is in many other countries? This remains to be seen. I for one would have very much liked it if President Obama, in answering the question about the path to being a Nobel Peace Prize winner, mentioned his role as a public interest attorney and acknowledged the importance of public interest law to a secure and functioning society. I only hope that this was mentioned at the very least behind closed doors in his meetings with President Hu.

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By Elizabeth M. Lynch, November 17, 2009

Susan Fishman Orlins, freelance writer and longtime China-watcher, offers some advice on where President Obama needs to go to see the real Beijing. 

Biking in Beijing - perhaps the best way to get around

DEAR MR PRESIDENT:  WHAT TO DO IN BEIJING

By Susan Fishman Orlins

Dear President Obama,

As I bike around Beijing this week, during a short trip to see my daughter who works here, I’ve been thinking about some local attractions you might enjoy during your visit.  I’ve also been thinking about how the ratio of bicycles to automobiles appears to have flip-flopped from the first time I arrived in China, thirty years ago.  When you inhale the acrid smell of motor vehicle fumes and view this smoggy city–as though through gauze or an organdy curtain, soiled with age–you may decide that you too would prefer getting around on a two-wheeler rather than waiting in traffic jams, adding to the pollution.  You can rent a bike at any of several subway stations and drop it off at any of the others.  Just be aware of the rule of the streets:  the bigger you are, the more you have the right of way.  At intersections, cars will turn from all four directions, seemingly at once, without slowing down.

I like starting off my stay here with a foot massage.  Side by side in oversized, cushy club chairs with high backs that recline, you and President Hu Jintao can first soak your feet in a barrel of milk, herbs and Chinese medicine.  Then, in the privacy of a room for two, you can watch CNN on the flat-screen TV or discuss human rights, while young men knead your shins and toes with Healthy Spa Life Cure Professor massage lotion. 

Afterwards, you might want to buy some gifts for Malia and Sasha.  Head to trendy Nanluoguoxiang, lined with coffee bars and boutiques and where you can pick up a couple of Oba-Mao t-shirts with your own image donning a red-star cap. 

Beijing's Hutong Life

I suggest quickly making your way out of there through the crowds of Chinese yuppies and foreign tourists.  To witness something of life as it has been here for decades (try to mentally delete all the cars), head south and turn into any hutong and lose yourself in the maze of narrow lanes lined with low courtyard houses with sloping tile roofs, most of which–unlike in earlier times–provide shelter for several families.  Some hutongs are quieter than others, with maybe only a cat stealthily creeping along the edge of a courtyard wall and a few rusty bikes leaning below.  Then you turn a corner and there unfolds a row of tiny, old shopfronts, many of which are selling dough in its endless forms:  fried, flat, squishy, steamed, noodly.  A bun–that looks like a large cream-colored ball you squeeze to exercise your hands–might be empty inside or filled with bean paste or minced pork.  Or you can get dumplings floating in broth. 

Hutongs are where I most like to watch the bustle.  Watching the bustle is a typical Chinese activity;  they call it kankan renao, literally look at bustle.  I could steer you to the hutong where I talked to a baby and bought striped socks from her grandmother, while a guy in a hard hat working nearby secured a shelf I’d bought to the back of my bicycle with some electrical wire.  But that would take away the fun of discovery.  No matter which way you turn in these lanes, you’ll get a sense of community, especially for elderly folks, whereas at home in the U.S. my sense of life for the elderly is often one of loneliness.

In fact, when I asked a retired Chinese friend what she does all day, she replied, “Wanr,” which is Beijingspeak for play and means hang out.  She hangs out in the park with her friends.  Just north of Jingshan Park, you can experience an inviting “playground” for senior citizens, one of many throughout the city.  Don’t be surprised if the rows of ping pong tables are all in use.  At a small cement table by the fence, some lao touzi, or old men, will probably be playing Chinese checkers with a ring of onlookers that sometimes grows to three-deep.  Meanwhile, lao tai tai, or old women sit on benches chattering.  Try out some of the colorful exercise contraptions:  stand on one to swing front to back, side to side on another.  Some have bars that stick out for leaning against to massage your back.  Ahh, lovely.  Maybe if we provided more recreation like this for our elderly, we could reduce health-care costs.

Another way the Chinese promote good health is by drinking tea.  My favorite teahouse in Beijing is Stone Boat, located in zen-like Ritan Park.  This being an embassy area, the setting is quiet, though you occasionally hear strains of someone practicing Peking Opera.  The teahouse is the shape of a shortened train car painted with intricate designs in which Chinese reds and greens dominate.  The carved wooden window frames open to a pond where a few men may be fishing, bare willow branches weeping over them.  Try for some solitary moments here, an opportunity to think quietly or take some notes, while sipping ginger tea.

If Michelle were with you, and if it were date night, I would suggest dinner at Lan in the business area, more for the exotic atmosphere than the expensive food.  In any case, it’s worth going there just to have a look at how lavish New China can be.  But be forewarned of sensory overload:  there are even paintings on the ceilings.  The blend of contemporary design with baroque and whimsy gives an overall Alice-in-Wonderland effect.  My favorite displays are on glass shelves that line the walls on either side after you enter:  a rainbow of fabrics stacked alongside cones of brightly colored thread, mock elaborately decorated pastries and cakes, Jesus candles of various sizes and shaped burnt down to different heights.  And sprinkled throughout, photographs of Marilyn Monroe and Audrey Hepburn. 

For more down-to-earth dining, I’d have a meal at Liu Zhai Shi Fu, located in a hutong behind The National Art

A feast at Liu Zhai Shifu - ma dofu is on the bottom right

Museum of China.  Though it can be a bit chilly, sit in the enclosed area that used to be the courtyard of this family-run restaurant, where silk vines hang overhead.  Be sure to order ma doufu, a dish of old Beijing and, though it looks like chopped liver mixed with wet cement, it’s the most delicious dish made from a soy bean I’ve ever tasted:  sour, spicy hot, smooth on the palate.

Before you leave Beijing, why not drop in on the National Resources Defense Council (NRDC) offices and chat with the young Chinese employees there as well as with Princeton Fellows and other American interns who are doing all they can to safeguard the earth?

I hope you have a great and productive trip.

Warm regards,

Susan Fishman Orlins

Susan’s work has appeared previously in The New York Times and The Washington Post as well as in Moment Magazine, where she is an associate editor.  She received a Rockower Award for excellence in Jewish journalism for her Moment profile of Deborah Tannen. 

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By Elizabeth M. Lynch, November 16, 2009

THE WHITE HOUSE

Office of the Press Secretary

_________________________________________________________________

For Immediate Release                        November 16, 2009

REMARKS BY PRESIDENT BARACK OBAMA

AT TOWN HALL MEETING WITH FUTURE CHINESE LEADERS

Museum of Science and Technology

Shanghai, China

1:18 P.M. CST

PRESIDENT OBAMA:  Good afternoonn.  It is a great honor for me to be here in Shanghai, and to have this opportunity to speak with all of you.  I’d like to thank Fudan University’s President Yang for his hospitality and his gracious welcome.  I’d also like to thank our outstanding Ambassador, Jon Huntsman, who exemplifies the deep ties and respect between our nations.  I don’t know what he said, but I hope it was good.  (Laughter.)

What I’d like to do is to make some opening comments, and then what I’m really looking forward to doing is taking questions, not only from students who are in the audience, but also we’ve received questions online, which will be asked by some of the students who are here in the audience, as well as by Ambassador Huntsman.  And I am very sorry that my Chinese is not as good as your English, but I am looking forward to this chance to have a dialogue.

This is my first time traveling to China, and I’m excited to see this majestic country.  Here, in Shanghai, we see the growth that has caught the attention of the world — the soaring skyscrapers, the bustling streets and entrepreneurial activity.  And just as I’m impressed by these signs of China’s journey to the 21st century, I’m eager to see those ancient places that speak to us from China’s distant past.  Tomorrow and the next day I hope to have a chance when I’m in Beijing to see the majesty of the Forbidden City and the wonder of the Great Wall.  Truly, this is a nation that encompasses both a rich history and a belief in the promise of the future.

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By Elizabeth M. Lynch, November 15, 2009

Originally Posted on the Huffington Post.

Chinese artist's rendition of Barack Obama with Cultural Revolution Slogan "Serve the People"

Beijing, China – A certain excitement has lighted the streets of Beijing in anticipation of President Barack Obama’s maiden visit here this week.  Not only has the capital experienced two days of clear blue skies, a rarity in a city that is usually encased in a yellow, gritty smog during the cold winter months, but there is an electricity in the air as everyone discusses President Obama’s visit – from the formal news casters on TV analyzing the potential agenda to the famously earthy taxi drivers complaining about the potential traffic nightmare.

But like President Obama’s fan base back home, the young in China are especially keen on his visit.  And the President is acutely aware of this fact.  On Monday, his first day in China, President Obama will meet with a group of Chinese college and graduate students in Shanghai, to listen to their opinions and answer their questions.  What do these students think of President Obama?  What questions or recommendations will they have for the President?

In talking to a group of graduate students from the China University of Political Science and Law, one of Beijing’s most prestigious universities, President Obama’s rise to power has filled them with the hope that the impossible, or at least the improbable, is achievable.  “He gives young people encouragement.  If you work hard, you can obtain a high position….it’s the American Dream.” said Xie Jinbao (pronounced Syeh Gin-bao).    “For many, it is very dream-like” explained Liu Huisheng (pronounced Leo Hway-sheng), while cautioning that only those who care about politics have been paying attention.  “In general though my friends are neutral [about President Obama].”

In pinpointing the source of this hope, the Chinese students spoke more frankly than their American counterparts on

China University of Political Science and Law

one subject in particular: President Obama’s race.  “He’s America’s first black president” Li Siming (pronounced Lee Tsi-ming) offered excitedly, “it makes young people very excited.”   “America was able to elect a black president, it shows that it has a certain openness” said Dong Jianjun (pronounced Dong Geeann-june).  The students also derived inspiration from the multicultural nature of the President’s cabinet, mentioning by name, at least their Chinese names, the appointment of Chinese-Americans including Commerce Secretary Gary Locke, Energy Secretary Steven Chu and Cabinet Secretary Chris Lu.  “In China, this could never happen; a foreigner could never work in the administration” said Xie Jinbao.

For the students, many who have little recognition of a world before President George W. Bush, President Obama represents a new approach to the global order, an approach that they eagerly look to be a part of.  “He is much better than Bush” Xie Jinbao said.  “Bush believed in unilateralism, but Obama supports multilateralism.”  At a time when many western observers question China’s commitment as a collaborator on the world stage, Li Siwei (pronounced Lee Tsi-way) seemed to imply her generation’s eagerness for greater responsibility: “Obama is willing to work with other countries, there will be more cooperation.”

But even though the term superstar was used repeatedly to describe President Obama and student Liang Xuanjing (pronounced Leeang Syuan-jing) was in awe of President Obama’s charisma, there were words of caution.  “Confucius had a saying ‘If a person is too perfect, we will have doubts’” Liu Huisheng said, noting that perhaps President Obama’s speeches are a bit “too perfect.”  Dong Jianjun echoed this sentiment: “Compared to presidents like Roosevelt or Kennedy, Obama has similarly great charisma…but we have yet to see if his [Obama’s] policies will be effective.”  Like many Americans, these Chinese students are looking for President Obama to follow through on the promises of his speeches.  In a relationship as close as the one between China and the U.S., President Obama’s actions, or lack of action, directly impact China and many of these Chinese students’ futures.

Not surprisingly though, many of the topics that the students would like Presidents Obama and Hu Jintao (pronounced Who Gin-tao) to discuss are the same as their U.S. contemporaries – international trade and the ever escalating tariff war topped the list for these students.  But so did the issue of climate change and energy efficiency as well as the economic recovery.

China’s youth are not that different from the young back home – they share the same hope that Presidents Obama and Hu can make the world a better place and they express an eagerness for a new world order where the U.S. and China can work through their issues.  But like their American brethren, if Presidents Obama and Hu cannot solve many of today’s problems, including the economic crisis, climate change, and an increasingly cantankerous trade relationship, it will be their generation that will be left holding the bag.

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By Elizabeth M. Lynch, November 11, 2009

More than a McDonald's for China's public interest lawyers

Originally Posted on the Huffington Post

Beijing, China – You would never expect a group of professional attorneys to hold a serious meeting in a McDonald’s, but for Chinese public interest lawyers, it is one of the few remaining safe places to meet.  With constant surveillance and random harassment by Chinese police, a public place like McDonald’s decreases the very real risk that the police will arbitrarily drag these public interest lawyers, known in Chinese as weiquan lawyers (pronounced way choo-ann and translated as “rights defending” lawyers), into custody.  So that is where I found myself last Friday when I met with three public interest attorneys in Beijing, all recently disbarred, to discuss their expectations for President Barack Obama’s inaugural visit to China next week.

“The government took away our ability to work…to help the people achieve their rights” Beijing lawyer surnamed Xie* (pronounced Syeah) said as he explained the recent disbarment of over 20 weiquan lawyers from practicing law in China.  While acknowledging that the Chinese Ministry of Justice (MOJ), which controls all bar associations in China, has the right to initiate procedures to discipline poorly-behaved attorneys, Xie countered “here, they didn’t even follow their own procedures….Because we did nothing wrong, they [the government] couldn’t use the procedures…instead, they used pressure on our law firms and other secretive means to punish us weiquan lawyers.  This is becoming more common.”

To say that public interest law in China is a small, burgeoning field is an understatement.  Only a handful of lawyers take on the cases of the most weak and vulnerable of Chinese society, and in a country of close to 1.4 billion people, there are a lot of these cases.  These are the cases on behalf of parents who lost their only child in the Sichuan earthquake and who want justice from the local government for shoddy school construction; or cases that seek to protect the rights of

Weiquan Activist, Hu Jia

members of Falun Gong to practice their religion, a right guaranteed under the Chinese Constitution; and cases as simple as protecting individuals infected with HIV or AIDS from discrimination.  While these lawsuits can all legally be brought under Chinese law, politically they are dangerous.  And the weiquan lawyers who bring these cases, cases that the Chinese government sees as upsetting their narrative of a “harmonious society,” subject themselves to harassment, disbarment, and, in the case of Hu Jia (pronounced Who Gee-ah), prison time.

These weiquan lawyers want President Obama, a fellow public interest attorney and Noble Peace Prize recipient, to acknowledge the importance of their struggle when he comes to Beijing.  “I don’t have great hope [for the visit]” attorney Liu* (pronounced Leo) admitted “but it is important for him [President Obama] to say something.”

“When Clinton and Pelosi came to China, they spoke little of human rights” Beijing lawyer Tang*, who was detained by police for a few days this past June, noted.  “But I want Obama to speak more about these issues.”

“President Obama and the U.S. government shouldn’t just look at today’s China, but where China will be in the future” Xie said “they need to look at the Chinese people’s hopes and their changing state of mind.”

President Obama and many who are traveling with him to China, including Secretary of State Hillary Clinton, know all too well the importance of public interest lawyers in guaranteeing that the laws on the books are a reality for society’s most vulnerable.  Upon law school graduation President Obama returned to Chicago to help the poor and least represented achieve their legally-entitled rights.  As first lady of Arkansas, Secretary Clinton co-founded the Arkansas Advocates for Children & Families and was the chair of the Legal Services Corporation.

In many ways, the difficulties that President Obama and Secretary Clinton surely faced as public interest lawyers are not unlike those of the weiquan attorneys in China – financially powerful adversaries, clients with little to no voice in society, and never-ending work with limited resources.  But there is one additional factor that neither President Obama nor Secretary Clinton had to contend with as public interest attorneys in the U.S. – their government shutting down public interest organizations in order to squelch their missions as well as the entire public interest movement itself.

Because of this and because they are colleagues of these weiquan lawyers, during next week’s visit, President Obama or Secretary Clinton needs to publicly acknowledge the increasingly difficult challenges faced by China’s weiquan lawyers and stress the benefits a flourishing public interest law movement can bring to China.

The importance of U.S. opinion to these weiquan lawyers cannot be overstated.  “America still serves as a model for human rights….it’s their duty to say something” Tang implored.  Like many Americans, I have often read about the beacon of hope that the U.S. provides to rights activists abroad.  But it wasn’t until last Friday, in talking to people ostracized by their own government for doing what they believe in, that I began to understand the significance of U.S. moral authority and the tangible dependence of activists abroad on it.

The U.S. is currently experiencing a great deal of self-doubt – our economy is tattered, we are in the midst of what appears to be two never-ending wars, our political parties can’t seem to cooperate to get anything done, and to get out of some of these problems we appear dependent on China.  But Tang is right – we should not shrink from the responsibilities of our ideals.  If President Obama, who likely best understands the importance of rhetoric in defining a movement, does not say something on behalf of these weiquan lawyers, then who will?

Our relationship with China is between two nations, between two peoples, not just between two governments.  The weiquan lawyers, and the poor and vulnerable people that they represent, are an indelible part of the Chinese people.  Certainly the Chinese government, and maybe even many of the Chinese people, would prefer that President Obama not acknowledge this, but there are many in China that hope he does.  I don’t pretend to know exactly how President Obama should walk the fine line between encouraging these weiquan lawyers and not outright offending the Chinese government and other sections of the Chinese public.  The weiquan lawyers I met with would like him or someone in the Administration to meet with one of the lawyers.  Others have called on the President to request the release of weiquan activists like Hu Jia.  I think at the very least President Obama should acknowledge these weiquan lawyers in a public statement to the Chinese people and encourage the continued growth of China’s public interest law movement in order to make the ideals of China’s law a reality for 1.4 billion people.

* The lawyers requested that only their last names be used in order to protect their identities.

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By Elizabeth M. Lynch, November 10, 2009

I wholeheartedly agree with Prof. Stanley Lubman’s recent call on the Obama Administration and Congress to provide more funding for legal development work in China.  But in requesting additional funding, it is important to ensure that such funding is provided in the way best able to achieve results.  Current U.S. development policy could do a better job at this.

The amount of government funding to legal projects in China is a small fraction of the funding for similar projects in places such as Iraq. While the development of a functioning legal system in Iraq is an important goal, in some ways it is even more critical for China.  China is already one of the largest economies in the world with influence that far extends beyond its borders and even beyond Asia.  With the world’s increasing interaction with China, a legal system that functions in China is essential for its relations not just with other countries, but with its own people.

Prof. Stanley Lubman

But in increasing the amount of aid for China’s legal development, it is also important that the U.S. seeks to distribute that aid in the most efficient way.  Prof. Lubman correctly points out that to effectively assist China with its legal development, the U.S. must not preach to China and should not ignorantly call for the all out adoption of Western values by China.  Instead, it is important to look to areas of legal reform, like environmental law, administrative law, and open government policy, that the Chinese government has willingly begun to move forward in.

But state-side, the U.S. needs do more as well.  Currently, various U.S. agencies, committees and other government bodies, with little to no coordination, provide funding to multiple NGOs and academic institutions doing legal development work in China.  This has caused the U.S. approach to legal development in China to be less one of strategy and more one of “throw anything against the wall to see what sticks.”

Apparently, this is a problem throughout the development field in the U.S.  Both the White House and the State

Dueling Directives between the White House and State or Friendly Competition?

Department are currently undertaking in-depth studies to reorganize and revitalize the U.S.’ global development policy (the White House called for a “Presidential Study Directive” on the issue on August 31, 2009; the State Department began a “Quadrennial Diplomacy & Development Review” on July 10, 2009.  Both reports should be issued in the next month or two).

While flexibility is important and to some degree should remain, with China, a better organized effort on the U.S. end is necessary.  Prof. Lubman has called on President Obama to discuss with President Hu Jintao a U.S.-Chinese program on legal issues.  If this does come to pass, this could be the perfect opportunity for the U.S. to coordinate across various agencies and governmental bodies its legal development work in China. The U.S. side of such a program should not just serve as a representative to China on the U.S.’ legal work there, but should also serve as the creator of a coherent China legal development strategy and seek to coordinate that strategy across the various U.S. agencies that provide funding for legal development work in China.

Additionally, the individuals who serve in this program should be individuals with knowledge or experience with China and its legal development.   In developing a U.S. strategy, these individuals should not just rely on their own experience however, but should also look to the many and varied people and organizations working on legal development in China, including U.S. academic institutions, U.S. NGOs on the ground in China, and even Chinese legal development organizations. Only through an informed, coordinated strategy will the U.S. effectively assist China in its legal development, justifying increased funding for such efforts.

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By Elizabeth M. Lynch, November 8, 2009

Last Wednesday, November 4, the European Union, the United States and Mexico filed a complaint with the World Trade Organization (WTO) against China for its quotas, export duties and minimum export prices for raw materials essential to the manufacture of steel and aluminum.  Noticeably absent from the complaint though, is any mention of China’s restriction on rare-earth elements.

Rare Earth - Much More than a Band from the 70s.

The raw materials at issue in the WTO complaint, while important to key manufacturing industries in the US and the EU, in many ways represent the economy of old.  Rare-earth elements, which China also heavily restricts export of, represent the economy of tomorrow; many of these rare-earth elements are indispensable for a greener, more environmentally-friendly world.  The magnetic properties of rare-earth elements like dysprosium and terbium are important for wind turbines and essential for the production of long-lasting, light-weight batteries for electric cars.

China, and its rare-earth enriched Inner Mongolia, account for 93% of the global production of rare-earth elements and 99% of the world’s dysprosium and terbium.  While countries have sought to expand green technologies, thus increasing the demand for rare-earth elements, China has continued to restrict the amount exports of rare-earth materials.  This past September, China, for the third year in a row, lowered the amount of rare-earth materials allowed for export by 6% overall, double-digits though for certain rare-earth materials .

China wants not just the monopoly on the production of rare-earth materials, but also on the more profitable business of producing down-stream products like electrical cars and wind turbines.  Japan, which is the largest importer of rare-earth materials because of Toyota and Honda’s drive to expand the market for hybrid and electric cars, feels the biggest pinch of all.  In fact, Japan purchases from a fifth to a quarter of its rare-earth materials on the black market, a black market where Chinese sellers thwart their own government’s restrictions.

In addition to its own domestic production, China, with its large foreign reserves to spend, has attempted to be a controlling share holder in other countries’ rare-earth industries.  Last spring, Chinese government-controlled mining companies purchased a 25% share of Australian rare-earth mining company Arafura.  China’s offer to purchase 51% of another Australian rare-earth mining company, Lynas, was likely going to be denied by the Australian government because of the Chinese government’s mishandling of the Rio Tinto case and the detainment of Australian citizen.  The Chinese mining company pulled out of the deal before it could be denied by the Australian government.

After China’s CNOOC’s failed bid to purchase California oil company Unocal in 2005, CNOOC  made overtures to purchase a single asset of Unocal’s: Mountain Pass, the U.S.’ only rare-earth mine.

Thus, the future of some green technology is beholden to China.  But Japan, instead of investing in China’s rare-earth elements industry, is looking to invest elsewhere – likely because of the danger in investing in a country with a fickle commitment to rule of law.  Japan has signed a deal with one of Kazakhstan’s largest mining companies for rare-earth excavation and is looking to Australia, Canada, Vietnam and the U.S. as alternate suppliers.  However, it will take at least 10 years before any of these new mines will produce rare-earth materials.  Until then, anticipate delayed development of green technologies and hopefully a WTO complaint.

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By Elizabeth M. Lynch, November 3, 2009

Originally posted on the Huffington Post.

Obama & Hu share the stage in Pittsburgh. Soon it will be Beijing.

President Obama will visit China, his first trip to the country, from November 15 through the 18.  Although his visit is less than two weeks away, the question remains – what will be on the agenda for his three days in China.  While the White House has yet to release President Obama’s schedule, expect President Obama and President Hu Jintao (pronounced Who Gin-tao) to discuss military ties, global economic health, climate change and human rights.  

(1)   Improved US-China Military Relations – Let’s Hope

While U.S.-China economic ties bring the two nations into alignment on various issues, military-to-military relations remain dangerously tense.  President George W. Bush realized this early on in his presidency after a U.S. spy plane crashed with a Chinese military jet and was then forced to make an emergency landing on Hainan Island in China.  For a few days, it was unclear what the Chinese military would do with the captured U.S. pilots, leading to the acknowledgement that better communication between the two militaries was necessary.  

President Obama has already had a taste of the danger of weak military ties this past March, when five Chinese naval vessels circled and threatened a U.S. navy ship in international waters, 75 miles off of Hainan Island.  

The People’s Liberation Army (PLA) is largely to blame for the lack of communication between the two militaries.  Historically, the PLA has remained secretive about its military development and has usually refrained from military-to-military relations with other countries, although that is slowly changing.  While the Clinton Administration made some headway, at least on paper with the signing of the Military Maritime Consultative Agreement (MMCA), suspicion between the two militaries has remained high and there are no procedures in place for each country’s military to follow should unexpected events occur.   The U.S.’ military agreements with all other countries, including Russia, contain provisions to deal with emergency incidents to prevent their escalation.

As an emerging superpower and already a regional one, minor military incidents with China will likely continue to

Xu Caihou & Robert Gates - maintaining close ties?

occur, especially as China rapidly expands its military spending and build-up. Without better communication, these incidents can easily turn to major crises.  The Obama Administration appears to recognize this danger.  Defense Secretary Robert Gates just concluded a meeting with Vice-Chairman of the Central Military Commission (CMC), Xu Caihou (pronounced Sue Tsai-ho) in Washington, D.C. after Mr. Xu spent a week in the U.S. viewing U.S.  military bases and meeting with other military leaders. 

Securing a better understanding between the two nations’ militaries would be no small feat.  The PLA remains a very powerful, and largely independent, force within the Chinese government and President Hu Jintao’s control over the organization remains questionable (see Susan Shirk, China: Fragile Superpower, p. 73).  But it appears that President Obama, especially after the March 2009 incident in the South China Sea, recognizes the importance of pushing China forward to secure better military ties.  However, anticipate that China will raise the issue of U.S. arm sales to Taiwan, and may very well use that as a bargaining chip for better U.S.-China military relations. 

(2)   Coordination on the Global Economic Crisis – Tow Superpowers Tied Together

To make it through the current global economic crisis, China needs the U.S. and the U.S. needs China.  While China’s stimulus package has taken hold quicker then its American counter-part, China’s future is still largely dependent on the U.S.’ success.  Last year, China surpassed Japan as the largest holder of U.S. Treasuries, holding approximately $800 billion (25% of total U.S. Treasuries); this amount accounts for approximately 40% of China’s foreign reserves.  In order for the U.S. to continue to fund its stimulus, it needs China to continue to purchase U.S. Treasuries.  But at the same time, China right now has no choice but to hold the treasuries, intertwining China with the future of the U.S. economy. 

Because of this arrangement, expect China to scold the U.S. on its increasingly high levels of debt.  This though is more for the domestic Chinese market than actually for U.S. policy makers.  The Chinese government’s hands are tied – it cannot sell off their Treasuries; its act of selling would inevitably cause market to decrease the price of U.S. Treasuries while China is attempting to sell.  But it still has to show the Chinese people that it is doing something. 

On the U.S. side, anticipate the issue of currency manipulation to be raised but not to be discussed in-depth.  Commerce Secretary Gary Locke raised the issue on his trip to Guangzhou last week, a surprise since currency has not been a high priority as of late.  However, for certain U.S. industries, such as the steel industry, China’s currency policy remains a viable issue. 

In terms of trade issues, such as the recent U.S. tariffs on tires and Chinese threats to slap tariffs on certain U.S. imports in response, expect some discussion.  But largely, this “trade war” has become much less of a problem.

Instead, U.S.-China discussions on the economy will likely entail how U.S. and Chinese companies can continue to work together.    

(3)   Climate Change & Copenhagen – “I’ll Go If You Go”

Do not expect much in terms of climate change.  Todd Stern, the Administration’s special envoy on the issue, announced last week that a bi-lateral agreement is not likely to emerge from President Obama’s and President Hu’s discussions on climate change.  Instead, the heads of state of the two leading emitters of greenhouse gases are hoping to reach “a common understanding.” 

Anticipate that a “common understanding” will involve a discussion of financial and technical assistance to China to help combat climate change.  As of the U.N. General Assembly in September, the U.S. and China do not see eye-to-eye on this issue.  While the European Union has pledged to provide financial assistance to developing countries, including China, the Obama Administration has yet to agree to such assistance to China.  However, it is this issue that the U.S. should attempt to parlay into actual emission targets from China. 

In terms of greater technical assistance, expect President Obama to ask for more protection of intellectual property and actual enforcement of the law in China, an issue Commerce Secretary Gary Locke recently raised on his October 2009 trip to China. 

Finally, the success of the Obama-Hu talks on climate change will determine whether either leader will join the rest of the world in Copenhagen in December.  This is pretty much a package deal; if the U.S. and China reach a “common understanding,” expect both Obama and Hu to attend Copenhagen.  If they do not, expect both to be watching it on T.V. from home. 

(4)   Human Rights & Rule of Law – This is Where the Surprise will Lie

Whether President Obama brings up the issue of human rights is currently the big “if” of his visit.  Secretary of State Hillary Clinton received tremendous backlash, both at home and internationally, when she heavily implied that the U.S. would not press China on human rights at the expense of other issues. 

However, during Ambassador Huntsman’s Senate confirmation hearing, he repeatedly stressed the importance of a continuous dialogue with China on human rights.  Furthermore, the release of activist-attorney Xu Zhiyong upon Ambassador Huntsman’s arrival to Beijing is likely a reflection of pressure from high up in the Administration (Xu Zhiyong ‘s organization received financial support from Yale University, Secretary Clinton’s alma mater).  But more than anything else, Xu Zhiyong’s detention made apparent to the Administration the important role that the U.S. still plays to many of these Chinese human rights activists; the U.S. still serves as their beacon of hope, and often gives these activists the courage to push forward when many in their country and their government work against them. 

Will President Obama make public comments about human rights?  Expect something.  Likely though, the issue of human rights will be painted as one of “rule of law.”  Recently, a group of Chinese lawyers convened a press conference in China imploring President Obama to raise the issue of human rights but in terms of their ability to bring cases in court concerning religious freedom and human rights.  Additionally, the Xu Zhiyong case showed the still arbitrary nature of the Chinese justice system.

Obama Before the Crowds in Germany. Will it be the same in China?

In Beijing, rumors abound on whether President Obama, like his Democratic predecessor President Bill Clinton, will speak at one of the many universities in the capital.  President Clinton’s speech at Peking University was historic, impressive and broadcasted to the Chinese people; the capital essentially stood still while he spoke.  Given President Obama’s panache for large-scale, media-friendly events, it is very likely that Chinese officials will allow a speech to the Chinese people.  However, will the Chinese state-controlled media appropriately translate President Obama’s speech remains to be seen.  Even President Obama’s inaugural speech, which never even mentioned China, was partially censored.

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By Elizabeth M. Lynch, 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.