Posts tagged: China

U.S.-China Journalist Visa War: Further Undermining A Free Press

By , June 16, 2020
Wall Street Journalist Josh Chin

Wall Street Journalist Josh Chin

2020 was going to be a good year for Josh Chin.  He had just become Deputy Bureau Chief of The Wall Street Journal’s Beijing Bureau, had been awarded a prestigious New America fellowship, and received the Gerald Loeb Award for international reporting.  His was a career on the rise; a long way from his start as a freelancer.

On February 19, 2020, Chin, in his new role as Deputy Bureau Chief, sat in a waiting room at the Chinese Ministry of Foreign Affairs.  Chin’s boss was on the other side of a closed door, meeting with Ministry officials to discuss whether the Ministry would delay renewing one of their staffer’s soon-to-be-expired journalist visa.  Two weeks prior, The Journal had published an op-ed entitled “China the Real Sick Man of Asia” and the Ministry immediately responded, lambasting the author for his arrogance, prejudice and ignorance.  Chin and his boss were there to convince Ministry officials not to retaliate against their colleague.

When his boss emerged, Chin waited to hear his colleague’s fate: renewed credentials or delayed visa.  Neither his boss told him.  Instead, the Ministry had decided to expel Chin and another colleague along with the staffer.  Even though Chin’s journalist visa was still valid, he had five days to pack up his life of 13 years and get out.

Since 2012, the Chinese government has used its power over the journalist visa process to censor foreign news outlets.  For the Chinese government and the ruling Communist Party, the media exists to serve the Party.  “[L]ove the party, protect the party, and closely align [] with the party. . . .” President Xi Jinping told the government-run People’s Daily during a visit to their offices in 2016.  To keep foreign journalists in line, the Chinese government has used harassment, surveillance, visa delays and visa downgrades according to the Foreign Correspondents Club of China.

But for the United States, the press is viewed as central to our democracy, its freedoms enshrined in the First Amendment. “Our liberty depends on the freedom of the press, and that cannot be limited without being lost,” Thomas Jefferson wrote in a letter in 1785.  Because of this bedrock principle, the U.S. government has been hesitant to retaliate against Chinese journalists in response to the Chinese government’s provocations.  But enter Donald Trump, a president who constantly attacks the press.  For Trump, rolling back press Chinese journalists’ freedoms was not a hard choice.  Instead, it corresponded perfectly with his effort to undermine the press, an institution crucial to our democracy.

President Richard Nixon, not a fan of the press

Trump is not the first president hostile to the press.  John Adams signed into law the Sedition Act of 1798 which criminalized the publication of “false, scandalous or malicious writing” about the federal government.  Richard Nixon privately maintained an “enemies list” and illegally surveilled certain reporters.  The Obama Administration prosecuted 11 government employees and contractors for revealing classified information to the press.  But Trump’s treatment of the press is different and more nefarious to our democracy.  It’s “a systematic effort to de-legitimize the news media as a check on government power,” University of Georgia media law professor Johnathan Peters told the Committee to Protect Journalists last month.

The day Chin was expelled from China, U.S. Secretary of State Mike Pompeo condemned the Chinese government’s actions, stating that “[m]ature, responsible countries understand that a free press reports facts and expresses opinions. The correct response is to present counter arguments, not restrict speech.”  But on March 2, 2020, the State Department limited the number of journalist visas issued to Chinese state-run outlets to 100, effectively expelling 60 Chinese reporters.  The Chinese government responded with more severe sanctions: the expulsion of U.S. citizens employed by The New York Times, The Wall Street Journal, and The Washington Post.  Not long after, the Trump Administration issued its most punitive sanction yet: downgrading every Chinese journalist’s visa to a three-month term from a previous unlimited time period, regardless of whether they work for a Chinese, state-run news outlet or The New York Times.   The Chinese government has yet to respond.  But expect it to similarly relegate U.S. journalists to a three-month visa or expel all U.S. journalists from China.

Two expelled Wall Street Journal Reporters – Philip Wen (L) and Josh Chin (R) – on their way out of China. Photo Courtesy of Greg Baker / AFP

The Trump Administration’s tit-for-tat diplomacy is a far cry from Pompeo’s “correct response.”  Instead, it mimics Beijing’s tactics: restricting speech through the journalist visa process.  The United States, once the international champion of freedom of the press, is following the lead of an authoritarian, one-party state.  But this should not be a surprise.  The Trump Administration’s treatment of the domestic press the past three years reflects its authoritarian bent.  Trump repeatedly tweets “fake news” about news stories he doesn’t like and has called the U.S. media “the enemy of the people.”  The White House revoked CNN reporter Jim Acosta’s White House press credentials after Trump told him he was a “rude, terrible person.”  Trump’s re-election campaign has sued three major media organizations for libel in cases considered “long shots.”  These are all pages from Beijing’s playbook, a playbook where the media is subservient to the ruling party.

Some of Chin’s last articles from China were on the emergence of a novel coronavirus in Wuhan.  His reporting from early February, as well as that of his fellow, expelled colleagues, exposed the pandemic nature of COVID-19: hospitals overrun with patients; front-line medical workers dying of the virus; mortuaries unable to process the massive number of dead.  Their reporting foreshadowed what we would see on our shores a few months later.  Even with the Chinese government hiding early facts about the novel coronavirus, U.S. reporters were able to find – and report – the truth.  But this truth is an impediment to the Trump Administration’s narrative that China’s lack of transparency prevented it from recognizing the severity of COVID-19.  So while the Trump Administration publicly laments the Chinese government’s restrictions on U.S. reporters, it has to know that its retaliatory tactics means that there will be even less U.S. reporters in China.  But this may be precisely what it wants.

Tiananmen 31 Years Later – Where Are We Now?

This Thursday marks the 31st anniversary of the Chinese government’s violent crackdown on the peaceful protests at Tiananmen Square.  On the night of June 3 and into the early morning hours of June 4, 1989, tanks rolled in to the streets of Beijing and the Chinese government did the unthinkable: it opened fire on its own people, killing hundreds if not thousands of unarmed civilians in the streets surrounding Tiananmen Square.  That violent crackdown marked the end of student-led, peaceful protests in the Square, protests that sought to bring reform to China.

To mark this anniversary, I was going to write a post on where China is today and its new attempts to squelch any dissent, protest, or rule of law in one of the last areas in China that permits freedom of speech: Hong Kong.  But as I sit here in New York City, on a picture-perfect spring afternoon, searching for photos of the tanks rolling into the Tiananmen Square area to accompany the blog post, my twitter feed is full of pictures of U.S. military trucks invading some of America’s largest cities to “put down” peaceful – and some less peaceful – protests.  These protests erupted soon after videos emerged of the brutal death of George Floyd, a black man who died after a white police officer pressed his knee into Floyd’s neck until Floyd stopped breathing. For eight minutes and 46 seconds, and even after Floyd’s handcuffed body went limp, the officer never stopped his pressure on Floyd’s neck. Three other police officers stood there and watched.

As protests erupt in the United States, our initial response is violence.  Tear gas and pepper spray fill the streets of many U.S. cities with the police resorting to heavy-handed tactics.  Peaceful protesters are hit with rubber bullets.  There is little attempt by the police to de-escalate.  Journalists find themselves the targets of police.  The government blames “antifa” forces for instigating the protests.  These  scenes conjure up images of last year’s protests in Hong Kong, where violent police tactics were used against unarmed protesters.  And with some Hong Kong protesters’ frustrations growing, they too sought to vandalize stores and destroy property.  The Chinese government blames “foreign forces” for riling up the people. The one difference: President Xi Jinping didn’t tweet that the Hong Kong police should shoot the protesters; that would be too reminiscent of 1989.  But, in the United States, President Donald Trump did tweet such sentiments. And mere days from the 31st anniversary of the Chinese government unleashing its military to massacre unarmed civilians, Trump has threatened to do the same.

I know that substantively comparing the United States and China is inappropriate.  The police officer who killed Floyd has been charged with third degree murder and will be prosecuted at a public trial that will be covered by the press.  The officer’s fate will be determined by an independent judicial system.  These things would never happen in China, and increasing less so in Hong Kong.  And there are some police officers and national guard members showing restraint and solidarity with the protesters; those who are not will be held accountable.  Again, something that would not happen in China and isn’t happening in Hong Kong.  But the images from the United States this week, and the sentiments from the U.S. president, are eerily similar to images of Beijing in 1989 and Hong Kong last summer.  It’s too much to ignore.   And I fear that like the protesters in 1989 who sought a better society for China, the protesters this weekend in the United States will confront a government that prevents them from realizing a better society for us: one that is truly equal and  where black lives matter.

Every year, I dedicate this post to those killed on June 4th, 1989.  But as I write this, I wonder, how many of the men and women who lost their lives in Beijing 31 years ago used their last breathes to cry out for their mothers, just like George Floyd did last week on the streets of Minneapolis.  And while we still must remember June 4th, the lives lost and the dreams crushed, this year, I would like to dedicate this post to George Floyd.  And to Ahmaud Arbery, Breonna Taylor, Philando Castile, Sandra Bland, Eric Gardener, Michael Brown, Tamir Rice, Trayvon Martin and the countless other African Americans killed by the police in the United States (or people who thought they were the police).  We need to say their names.  We must never forget.  For them, we must continue to build a better society with freedom, equality and dignity for all.

 

The Dangerous Historical Context of Trump’s ‘Chinese Virus’

By , March 27, 2020

Donna Chiu (front & center) at a housing rights protest

Donna Chiu has dedicated most of her life to fighting for vulnerable New Yorkers.  A petite, Chinese-American woman with a quick smile and contagious laugh, you would never think she would be able to take on some of New York City’s sleaziest landlords.  But within the dark, dingy halls of New York City’s housing courts, she transforms into a pit bull, aggressively fighting for her clients, low-income tenants, and holding landlords responsible for their illegal practices.

But Chiu has a new villain to fight – the anti-Asian sentiment that is on the rise in the United States as a result of Covid-19 and a President who seems to take sick pleasure in constantly referring to the pandemic as “the Chinese virus.”  Since Covid-19 has hit the shores of the United States, anti-bias crimes and incidents against Asian Americans have increased according to The World Journal, a Chinese language newspaper based in New York.  In fact, since March 18, when President Trump doubled down on his use of the term “Chinese virus,” The World Journal has published an article almost every single day on bias crimes and incidents against Asian Americans in New York City.  Perhaps even more telling are the wechat groups and Asian-American focused websites like Angry Asian Man that are awash in conversations about the increase in anti-Asian incidents and crimes.

“I have not been a target myself,” Chiu told me when I asked her about the impact of Trump’s constant reference to Covid-19 as the Chinese virus. But she was quick to tie Trump’s remarks to increasing xenophobia, explaining how it has changed her day-to-day life: “[It] has made me not go to certain places or enter certain stores because now I view it as a serious risk to my safety; I stay alert when I was still riding the train and try to avoid eye contact with strangers and walk swiftly – all ad hoc measure to avoid being a target.”

For Janelle Wong, a professor of American Studies at the University of Maryland, blaming Chinese people for Covid-19 was no surprise.  When I asked Wong about her take on the increase of bias-related crimes against Asian Americans, she quickly put it in a historical perspective, going back to the 1882 Chinese Exclusion Act, one of the United States’ most exclusionary laws.  “Part of the justification for the exclusion was the idea that the Chinese were vectors of disease” Wong told me, sharing a cartoon from the time period to prove her point.  In that cartoon – cover art for the May 1882 issue of the aptly-name magazine “The Wasp” – three skeleton-faced ghosts, one named malaria, one named smallpox and one named leprosy, ominously float over the city of San Francisco.  The source for these menacing zombies?  Chinatown as the cartoon makes clear in the lower right hand corner.  The message?  Exclusion of the Chinese is the only way to save the city.

“It’s long been a trope that is easily used . . . but it’s been a while since a national leader has drawn [upon it],” Wong went on.  “That is what is shocking.”

When questioned on his use of the term “Chinese virus,” Trump denies that it has any racial animus.  For Trump, simply because the virus comes from China, it should be called “the Chinese virus.”  He ignores the World Health Organization’s (WHO) repeated instructions to avoid using country names as the name of an infectious disease so as to prevent bias against groups of people.

Make no mistake, Covid-19 did come from China. And there are many aspects of the Chinese government’s handling of the outbreak that put the world at greater peril.  It suppressed doctors from freely speaking about the virus which prevented the world from knowing earlier of the outbreak.  And, even though the Chinese government had to know that human-to-human transmission was occurring by the end of December, when almost every day it saw the number of Covid-19 patients double according to government data leaked to the South China Morning Post, it denied such transmission until January 20, 2020.

Prof. Janelle Wong

Would the Trump Administration have used that extra time to better prepare the country to fight Covid-19, say by preparing sufficient tests or ensuring that hospitals had sufficient protective gear to get them through a possible pandemic?  If current history is any guide, where we are all still anxiously awaiting widespread testing and our doctors and nurses are reusing face masks, likely not.

But still, Trump needs someone to blame for his gigantic missteps that are currently putting the lives of tens – if not hundreds – of thousands of Americans at risk.   For Wong, getting many Americans to follow the script of China bashing is easy. Which means, given our history, that Asian Americans will inevitably be targets.  Initially, Trump denied that his words would fuel anti-Asian crimes.  But on Monday night, after a plethora of Democratic politicians, civil rights groups and average Americans condemned Trump for using “Chinese virus,” Trump attempted to walk back some of his words, tweeting that Asian Americans are “amazing” people and that spreading the virus was not their fault.

But likely that tweet won’t be enough to put the racist genie back the bottle.  And, as Wong explained to me, this objectification yet again makes Asian Americans feel that they are forever the foreigner; that true belonging in the United States remains unattainable to non-whites, even those who may have achieved some modicum of economic success.  Those doubts were exactly what attorney Chiu was wrestling with when I talked to her.  “It doesn’t change a topic/issue that I’ve always struggled with  – which is what are Chinese-Americans place in America? Are we second class citizens just like the way we are treated?  And then with Covid-19. . . .I feel the climate is one where Chinese-Americans are not allowed to ‘feel bad’ for themselves because we are the cause of all this.”

Book Review – Betraying Big Brother: The Feminist Awakening in China

By , January 19, 2020

Freelance Journalist, Huang Xueqin

Huang Xueqin, a 30-something freelance journalist in the southern Chinese city of Guangdong, doesn’t look like a hardened criminal.  With a playful smile and wearing an Annie Hall-style hat, Huang seems like a friendly sort, with maybe a mischievous side.  But make no mistake, Huang is a fierce advocate for women’s rights, being one of the public figures behind China’s nascent #MeToo movement after coming out in 2017 about her own workplace sexual assault.  She’s written extensively on other women who have been sexually harassed and assaulted and, in 2018, conducted an online survey of female Chinese journalists finding that almost 85% had experienced sexual harassment on the job, with almost 60% of those remaining silent.

It was that activism that landed Huang in a Chinese detention center.  And on Friday, after holding her for three months under suspicion of “picking quarrels and provoking troubles,” a crime under China’s criminal law that has been used almost exclusively to silence peaceful critics of the Chinese government, Guangdong police finally freed Huang.  In a country where its founding leader once said that “women hold up half the sky,” it seems odd that a women’s rights activist would be considered a pariah, someone that the Chinese government has to deal with criminally.

But Leta Hong Fincher,[1] in her recent book, Title: Betraying Big Brother: The Feminist Awakening in China, explains precisely why the Chinese leadership trembles at the idea of women calling for their rights. Identifying China’s current leadership as “patriarchal authoritarianism,” Fincher, in her well-researched and insightful book, shows that unlike other social movements in China, these feminist activists are not just seeking a more open society or looking to fulfill the promises of equality under Chinese law.  As Fincher shows, if you take this feminist movement to its logical conclusion, only by overturning the current political and cultural order can these women achieve equality in China.

Fincher comes to this damning, powerful conclusion largely through the stories of five feminist activists who were detained for 37 days in 2015 and became known as the Feminist Five.  This choice – to tell the history of China’s feminist movement and forecast where it is headed through these women’s personal narratives – is what makes this read an engaging page-turner.  Not surprisingly, Fincher was previously a  China-based journalist and she brings that reporter’s eye for detail and desire to understand the characters behind the story.  And this is necessary because what caused the Feminist Five to end up in detention – also on suspicion of “picking quarrels and provoking troubles” – seems completely ordinary, and defies logic that this would be something that would scare any government, let alone China’s: they were just going to give out leaflets and stickers on public buses calling for the end of groping and provide women with information on how to report such an incident.

But for the Chinese government, this was a serious offense and the women needed to be broken.  Through in-depth interviews, Fincher retells, for the first time, these Feminist Five’s harrowing experiences during 37 days of detention.  They were subjected to physical and psychological torture: the police took away the women’s glasses, making them unable to see; interrogation was constant to the point that one woman needed medical attention; intense light, only a few inches from their faces, shown brightly in their eyes; medications were denied; and each was told about the threats made against their parents or children.  These women talk about the emotional toll that these interrogations had on them, making each question whether it was worth it.  But in the end, each remains committed to the cause, finding strength in the support of other Chinese feminists and inspiration from women activists abroad.

While the Feminist Five, and other Chinese Feminists’ stories makes the book a lively read, Fincher doesn’t shy away from more academic arguments to further support her argument of the Chinese government’s “patriarchal authoritarianism.”  She examines societal institutions: the lack of any women in positions of power in government; the prevalence of domestic violence in China; the failure to enforce the Domestic Violence Law; the pressure on women to marry and the shaming of single women (this was the focus of Fincher’s ground-breaking book, Leftover Women); the lack of career options for most women; nationalist rhetoric filled with misogyny; and seeing women solely as reproductive vessels.

 

Chinese feminists march at NYC’s Women’s March

Betraying Big Brother is a necessary read to understand the role of women in Chinese society and why the feminist movement may be one of the few social movements to overcome the Chinese government’s persecution.  Make no mistake, Fincher is not a neutral observer; she admits as much in the Introduction stating that she is a convert to the cause and friends with many of the women she writes about.  But this doesn’t hinder her scholarship; she finds sufficient evidence to support her arguments.  Fincher believes that China’s feminist movement will achieve its goals: there is broad discontent among women in China that crosses class lines and the creativity of these activists give them the uncanny ability to constantly influence public opinion even in light of the government’s crackdown.  But while Betraying Big Brother is full of hope, Fincher is not naïve.  She knows that the Chinese government will not give up without a fight and that things are going to get a lot worse for these activists before they get better.  Huang Xueqin is a recent case in point.

Rating: ★★★★½

Betraying Big Brother: The Feminist Awakening in China, by Leta Hong Fincher (Verso 2018), 205 pages

***************************************************************************************************************************

[1] In the interest of full disclosure, Fincher is a colleague and friend .

When Journalism Is not Journalism: The Grayzone’s Faulty Analysis of What is Happening in Xinjiang

By , January 5, 2020

When I started seeing the Grayzone, a website that describes itself as “dedicated to original investigative journalism,” touted in various Chinese media reports (see here and here) for a study that allegedly debunked the estimate of one million Uighurs detained in internment camps in Xinjiang, I felt like I had to read it. But to call the Grayzone piece an analysis – or even objective journalism – would be a serious overstatement.  Instead, Ajit Singh and Max Blumenthal, the authors of “China detaining millions of Uyghurs?  Serious problems with claims by US-backed NGO and far-right researcher ‘led by God’ against Beijing,” largely dedicate their piece to the character assassination of the two organizations/people who first estimated the one million figure: the Network of Chinese Human Rights Defenders (CHRD) and Adrian Zenz, a social scientist at the European School of Culture & Theology and now a senior fellow at the Victims of Communism Memorial Foundation.

By focusing almost exclusively on ad hominem attacks, Singh and Blumenthal conveniently ignore that subsequent data sources have confirmed a one million number as credible.  And most absurdly, after portraying the CHRD and Zenz’s admissions that their numbers are merely estimates as a fatal flaw, Singh and Blumenthal completely fail to acknowledge why we can only estimate the number detained.  The keeper of the exact numbers – the Chinese government – refuses to publish any numbers let alone permit international monitors to enter Xinjiang and conduct their own, independent, on-the-ground analysis.

Protest to free one million Uighurs, held in Geneva in 2018

But regardless of the uselessness of the Grayzone article, it is good to periodically question our assumptions and re-review where exactly the the one million number comes from.  About a year ago, Jessica Batke, a senior editor at Asia Society’s ChinaFile and a former intelligence analyst at the U.S. Department of State, did just that, meticulously explaining why the one million estimate is likely not off the mark.  This post largely summarizes Batke’s piece in the context of the Grayzone article.

Singh and Blumethal begin their piece by questioning the CHRD study which was based upon interviews with eight ethnic Uighurs in Xinjiang.  For Singh and Blumethal, drawing a conclusion of one million detained from just talking to eight people is preposterous.   But the two choose to ignore the reasons why CHRD extrapolated one million detainees from its eight interviews.  As Batke points out in her analysis, each of these eight Uighurs were from a different village in southern Xinjiang.  Each person gave their estimate of the number of people who have gone missing in their village.  Based upon that number, CHRD formulated a detention rate for each village which ranged between 8% and 20%.  From those rates, CHRD chose a rather conservative estimate of a 10% Uighur detention rate province-wide, or, given that there are approximately 10 million Uighurs in Xinjiang, a one million detention number.

A prison camp in Xinjiang

Certainly there are things to question on CHRD’s numbers: how did each of these eight people know the number of people missing? Are they interned or did they just move?  But Singh and Blumenthal do not ask these questions.  Instead, for them, the death knell for the reliability of the CHRD estimate is the fact that CHRD receives funding from the National Endowment for Democracy (NED). But they never explain why this link matters or provide any evidence that this funding somehow undermines the reliability of CHRD’s estimate.

Similarly, Singh and Blumenthal’s review of Adrian Zenz’s study is more focused on his religious and political viewpoints, and his current source of funding, rather than on the data itself.  In the little attention the two give to Zenz’s data, they completely mischaracterize it.  Singh and Blumenthal state that Zenz’s one million estimate was based upon numbers reported by Istiqlal TV, a Uigher television station based in Turkey that often features interviews with suspected terrorists, which Singh and Blumethal believe reflect Istiqlal’s inherent unreliability.  But they conveniently leave out the fact that it was a Chinese public security official that leaked this data to Istiqlal TV, a fact later reported in Newsweek Japan.  Batke also noted this fact in her careful analysis of Zenz’s one million estimate, highlighting that the Chinese-leaked data listed around 892,000 individuals in 68 different counties in Xinjiang as detained.  However, as Zenz pointed out, the data was missing key population centers.  But instead of simply assuming that the same detention rate applies to the missing population centers, a method that would produce much more than one million detained, Zenz did a deep dive on the missing population centers, taking into account important difference, and according to Batke, comes up with a conservative – and plausible – estimate of one million detained.

Satellite images show the rapid construction of camps in Xinjiang

Batke also highlights corroborating evidence: the satellite images and Chinese government documents that also point to an equally large number of Uighurs being detained.  In October 2018, the BBC had experts review satellite images of the camps.  That group of experts concluded that 44 of the camps had a high or very high likelihood of being security facilities and a separate team architects determined that in examining one of these facilities, it could hold anywhere from 11,000 people, if each inmate has his or her own room, to 130,000 people, assuming these are dormitories.  Camp survivors have stated that they lived in cells with as many as 40 people.  Batke noted that if we took the higher number of people detained – which seems to be credible given survivors’ accounts – there would only need to be 10 similarly-sized camps to get to the one million mark.  Finally, as Batke points out, the Chinese government’s own documents – both its procurement documents and budget and spending reports –suggest that a very large number of people are being detained.

The one million estimate as the number of Uighurs detained is Xinjiang is not coming out of thin air.  Four different sources – CHRD, Zenz, satellite images, government documents – all come to the same conclusion.  Media outlets like ChinaFile and Quartz have also re-reviewed the data and found the one million estimate credible.  These outlets actively engage the data, unlike But Singh and Blumenthal whose focus is more character assassination.  Ultimately the only purpose that Singh and Blumenthal’s article serves is as a perfect example of the logical fallacy of argumentum ad hominem.

Putting One’s Life on the Line: Criminal Liability for Xinjiang Documents Leak

By , November 26, 2019

A prison camp in Xinjiang

Last October, after denying the existence of internment camps in Xinjiang for over a year, the Chinese government finally admitted to their existence but claimed that they were nothing more than “vocational education and training centers.” Places where “students” – over one million of them and almost all Uighur and other Turkic Muslims – could rid themselves of Islamic extremism while simultaneously upgrading their job skills.  But camp survivors’ stories paint an entirely different, and much darker picture.  In story after story, former detainees talked about the prison-like conditions, of being held for months to years without access to the outside world, of physiological and physical abuse, and punishment solely for practicing their faith.  Women have consistently spoken of rape, forced sterilization and forced abortion.  Unfortunately, with the Chinese government’s refusal to allow outside monitors unfettered access to the camps, these survivors’ stories could not be corroborated.

Until now.  In the past two weeks, both The New York Times and the International Consortium of Investigative Journalists (“ICIJ”) have published two different troves of confidential Chinese government documents (the “Xinjiang Papers” and the “China Cables,” respectively) that confirm the unlawfully detention of Uighurs in what are essentially prisons.  According to the Xinjiang Papers, any direct inquiry by relatives as to whether their detained family member has committed a crime, officials are to answer no but immediately follow it up with the assertion that the their family member still needs  “education” to rid themselves of “unhealthy thoughts,” likening Islam to a disease.

Inside a Xinjiang Camp – looking more like a prison than a job skills class

ICIJ’s China Cables provide even more detail into the everyday operations of the prison camps.  Detainees are kept in “double-locked” rooms at all times and are constantly watched, even in the bathroom. Preventing escapes is paramount and there must not be any “blind spots” in the video surveillance of the detainees.  Guards are trained in “combat exercises” to ensure their immediate response if “something happens.”  Detainees are forbidden from having cell phones and family visits are never in person; only periodic phone calls and occasional video chats are permitted. Detainees are forced to remain in the center for at least a year.  And while the government documents refer to the camps as “vocational skills training centers,” it is apparent from the guidance provided to the camp administrators that the focus is to Sinicize the Uighurs and stamp out their religion.  In fact it is only after a year of ideological indoctrination do some – not all – detainees continue on for a three to six month “skills improvement” training, a training that is more responsive to future employers’ needs than to the individual’s.

In no way did the Chinese government ever want these documents released.  And the people who leaked these documents to the New York Times and to ICIJ put their lives on the line to stop the mass atrocities in Xinjiang.  According to Margaret K. Lewis, a professor of Chinese law at Seton Hall University, at least some of these documents would be considered state secrets.  “What is a state secret is very vague, can be defined retroactively and doesn’t need to be stamped ‘state secret’ to be considered a state secret,” Lewis told me when I asked her about the leak of the Xinjiang documents. Under China’s Criminal Law (“CL”), leaking state secrets is a serious offense, carrying a sentence anywhere from 10 years to life where the circumstances are especially serious (CL, Art. 111), which one would think is present here.  A death sentence is possible if the leak causes particularly grave harm (CL, Art. 113).

“They could also be charged with subverting state power,” Lewis told me.  “It’s not just what the documents were but also why they were giving these to foreigners” Lewis continued.  Like state secrets, subverting state power (CL, Art. 105) can carry up to a life sentence and if the person colluded with foreigners in the subversion, arguably what the whistleblowers did here, then the law requires that the punishment be severe (CL, Art. 106).  But, unlike state secrets, subverting state power is not subject to the death penalty.  In pressing Lewis further on what she thought the whistleblowers would be charged with and what type of sentence they would get, Lewis was clear: “This is less of a legal question and more of a political one.”  To Lewis, it will come down to what is best for President Xi Jinping: is it better to make an example of the whistleblowers, or are the whistle blowers high enough officials that publicly identifying who they are could be an embarrassment to the Chinese government, and thus their prosecution may never be public.  Under Article 183 of China’s Criminal Procedure Law, state secrets trials are closed to the public.

“The one thing that is certain,” Lewis told me “is, if the whistleblowers are caught, they will experience long-term detention and suffering.” And their families. “You’re not just putting yourself at risk, but also your loved ones,” Lewis said. “Whoever this person is, I am grateful for the risks taken to bring the documents to light.”

Protest in Brussels Calling on the EU to Speak Up Against the Internment of Uighurs

These whistleblowers must have known the high costs associated with leaking the documents.  But still they determined that it was worth it; that the world must know precisely what is happening in the Xinjiang prison camps; that Uighurs are unnecessarily suffering at the hands of the Chinese government; and that it must be stopped.  But since the release of the China Cables on Sunday, only the United Kingdom and Germany have demanded that China provide unfettered access to United Nations human rights observers.  But where is everyone else?  Where is the United Nations’ response?  Will Antonio Guterres, the current Secretary General who has stayed mum for the last two years about China’s treatment of Uighurs, finally condemn China’s actions?  And while the United States issued a strong statement, it could do more. The Uyghur Human Rights Policy Act is just sitting in the House; the State Department has yet to call call for the UN to be given unfettered access to Xinjiang; and Treasury makes no mention of  Maginsky Act sanctions against some of the high-level officials named in the Xinjiang papers.  And what about Australia, Japan, Canada, or any of the Arab nations?  Finally, where is the International Olympic Committee?  Do we really want Beijing’s 2022 Olympics to be a replay of Nazi Germany’s 1936 Games?

I can only hope that in the next few days I can add more countries to this post as ones that spoke out. But more than anything, I hope that these countries and organizations unite to take action to stop the crimes against humanity currently occurring in Xinjiang.  Individuals in China have put their lives on the line.  It’s time the rest of the world follow suit and have the courage to act.

 

Why What We Are Seeing in Xinjiang Is Crimes Against Humanity

By , October 27, 2019

Uighur protester outside of China with a mask with the flag of East Turkestan and a Chinese flag covering her mouth

Last week, the Washington Post published my op-ed where I argued that what is being perpetrated against Uighur and other Turkic Muslim women – rapes, forced sterilization, forced abortion – are all crimes against humanity.  Since publishing that piece, many have asked why I decided to describe these acts as crimes against humanity?  Why am I not calling it genocide?  Or at least cultural genocide?

In the past few months, many have stated that the Chinese government’s actions in Xinjiang are akin to cultural genocide.  The government’s widespread razing of mosques; its destruction of Muslim burial grounds; its prohibition against certain religious baby names; its mass internment of 1.5 million Uighurs and other Turkic Muslims for no crime other than being Muslim; all of these reflect a Chinese government intent on destroying the Uighur culture and “Sinicize” them, making it cultural genocide.  But cultural genocide is not a crime under international law and thus, brings with it no legal duty for the world to stop it nor any punishment for the perpetrators.  In fact, the drafters of the Genocide Convention intentionally rejected the concept.  Instead, genocide under the Convention is limited to the biological or physical destruction of the group coupled with an intent to destroy.  When I spoke with Deborah Mayersen, a lecturer at the University of New South Wales at the Australian Defense Force Academy and an expert in the field of genocide studies, she was clear that she didn’t think that the situation in Xinjiang was genocide. “I do think there are warning signs, but at the moment [China] is not heading toward genocide” she told me.  “There would need to be some sort of disruption – an economic disruption perhaps that can be blamed on the Uighurs – for [China] to be on the trajectory toward genocide.”

“But we do have a fairly clear case of crimes against humanity” Mayersen emphasized.  Unlike genocide, crimes against humanity is not governed by a specific treaty.  Instead, it has developed through international customary law, with its use at Nuremberg, the International Criminal Tribunal for the former Yugoslavia, and the International Criminal Tribunal for Rwanda among other instances. Crimes against humanity include acts that attack the very soul of a people and its culture: murder, extermination, torture, arbitrary detention, forcible transfer of a population, rape, sexual violence, forced sterilizations, apartheid.  It might sounds a lot like genocide, but unlike genocide, these crimes do not require an intent to biologically destroy, an element we don’t yet have in Xinjiang.  Instead, acts that constitute crimes against humanity merely need to be part of a widespread or systemic attack directed at a group, with the perpetrator’s knowledge that his or her acts are part of this larger attack.

Because crimes against humanity is a legally recognized doctrine, it “brings with it the responsibility to protect” Mayersen told me, citing to a 2005 U.N. Resolution, signed by all 193 UN member states.  Under that Resolution, the international community is required to take quick and decisive action to protect the targeted group.

Protest in Brussels Calling on the EU to Speak Up Against the Internment of Uighurs

The unlawful internment of 1.5 million Uighurs and the removal of Uighur children from their families alone constitute crimes against humanity.  And rape and forced sterilization have been considered crimes against humanity for decades.  Sexual violence against women was a basis for crimes against humanity at the International Criminal Tribunal (ICT) for the Former Yugoslavia and of the ICT for Rwanda.  In 2013, the U.N. Human Rights Council, in its inquiry report on North Korea and after conducting a number of victim interviews, found sufficient evidence for a charge of crimes against humanity for the rape, forced abortions and sexual violence perpetrated against women.

Because there is more than sufficient evidence that what is happening in Xinjiang is crimes against humanity, activists, journalists and others must refer to it as such.  Only then is the world required to act.   To call it anything less gives the world a free pass and permits the Chinese government to continue to engage in its destruction of the Uighur people and their culture.

China’s Attacks on Uighur Women are Crimes Against Humanity

By , October 21, 2019

Originally posted in the Washington Post

Mihrigul Tursun (L), testifying at the CECC hearing

Sitting in a hearing room in Congress, in a gray plaid hijab, her dark blond hair poking out, Mihrigul Tursun begins to cry. She is there to share the plight of her fellow Uighurs in Xinjiang. Her translator reads aloud Tursun’s prepared statement about her three separate detentions by the Chinese government in Xinjiang’s internment camps. As the translator recounts Tursun’s first detention — upon her release, she learned that one of her 4-month-old triplets had died — Tursun struggles to hold back tears. Click here to read the entire op-ed

Crossroads: The PRC At 70

By , September 30, 2019
October 1, 1949, Mao Zedong declares the founding of the PRC

October 1, 1949, Mao Zedong declares the founding of the PRC

This October 1 marks the 70th anniversary of the founding of the People’s Republic of China (“PRC”) and to all our friends in China, China Law & Policy wishes you a happy birthday!

On Tuesday Chinese flags will be everywhere, flying outside of most homes across the Mainland.  And make no mistake, flying these flags come from a place of pride for most Chinese.  Seventy years ago, Mao Zedong, standing atop the gate at Tiananmen in Beijing, didn’t just declare the founding of the People’s Republic of China.  He also declared the end to China’s “century of humiliation.”  Starting with the 1842 Treaty of Nanking between the British and the decaying Qing dynasty, China was forced to sign a series of unequal treaties – treaties that gave up their land and sovereignty to foreign powers and that opened them to the ravages of the opium trade all to the economic benefit of these foreign powers.  In 1931, Japan did physically what the Western countries were essentially doing on paper: invade China, taking full control of the northeastern provinces in Manchuria and setting up a puppet government that solely served the Japanese.  This invasion would mark Japan’s start of a murderous march through the rest of China, eventually extending its control down to Hong Kong and brutally ruling China for more than a decade.

In the seventy years since the founding of the People’s Republic, and after multiple setbacks by the ruling Chinese Communist Party (“CCP”) – think the Great Leap Forward, Hundred Flowers Bloom, the Cultural Revolution – China has become a the second largest economy in the world, a global superpower with ability to influence other countries, and more than 850 Chinese people have lifted themselves out of poverty.

As National Day nears, protests in Hong Kong continue

As National Day nears, protests in Hong Kong continue

But this year’s celebration finds China at a crossroads, where the government is discovering that its influence – and the model that will celebrate on Tuesday – is not necessarily welcomed in other parts of the world let alone in its own backyard.  The Chinese government’s massive human rights violations in Xinjiang – with the unlawful internment of 1.5 million Muslim Uyghurs – has subjected it to fervent criticism from Western governments and Japan.  The semi-autonomous region of Hong Kong has been roiled with protests for the last four months, with most Hong Kongers rejecting Beijing’s model and increasing encroachment on their rights.  And Taiwan remains a thorn in Beijing’s side, with Beijing trying to further isolate Taiwan from the global community, only to further alienate the Taiwanese people from ever wanting reunification with the Mainland.   And even on the Mainland there continues to be demands for reform, even with the Chinese government’s constant assault on human rights lawyers and activists.

Tuesday morning, the CCP will put on a spectacular show – thousands of soldiers marching perfectly in unison; some of Beijing’s newest military toys will be shown off; and the Chinese people will be there, celebrating their spectacular rise.  But birthdays are more than just a chance to celebrate how far we have come; they are also a time to contemplate where we want to go.  And hopefully, for the Chinese people and for continued peace in this world, the CCP will take the time to think about who it wants to be .

Want to read more about China’s National Day?  Here are some new pieces/shows that have come out for National Day that are worth your time. 

Yangyang Chang, A Birthday Letter to the People’s Republic, ChinaFile (Sept. 28, 2019)

Jerome A. Cohen, Communist China’s Painful Human Rights Story, Council on Foreign Relations Blog (Sept. 26, 2019)

PBS Newshour, China: Power and Prosperity, PBS Newshour Series (Sept. 25 – Oct. 5, 2019)

China Law & Policy Turns 10!

By , July 15, 2019

Today marks China Law & Policy’s (“CL&P”) tenth anniversary.  And like any good anniversary, it’s an opportunity to look back at where we started, where we have been and where we would like to go.

On July 15, 2009, we published our first post, a simple two-part piece to explain the riots that had recently engulfed Urumqi, the capital of China’s Xinjiang province.  Ten years and 374 posts later, we are back where we started as Xinjiang continues to fill the news.  This time for the Chinese government’s unlawful internment of 1.5 million Uighur and Kazak Muslims, perhaps the world’s greatest human rights violation perpetrated by a current superpower (although the United States doesn’t have a firm leg to stand on right now given its inhuman treatment of undocumented immigrants).

Similarly, since CL&P’s inception, we have covered the Chinese government’s increasing suppression of human rights advocates and civil society.  No doubt that the suppression has become more severe since Xi Jinping became president in 2013, with his passage of restrictive laws on civil society and his July 2015 nationwide crackdown on human rights advocates.  But our posts show that the Chinese government had already moved in this direction even before Xi took power.  Posts from 2009, when Hu Jintao was still president, called on the Obama Administration to raise the issue of the Chinese government’s harrassment of human rights lawyers and discussed the unlawful detention – and the eventual release – of key activists including Xu Zhiyong and Ilham Tohti.  Both would again be arrested under Xi and be given harsh prison sentences in 2014: Xu, a four year sentence for disturbing public order and Tohti given life for separatism.

Another constant during the life of this blog has been the Chinese government’s use of the visa process to try to censor foreign journalists.  We first covered this issue back in 2012, with the what was effectively an expulsion from China of Al Jazeera reporter Melissa Chan.  Since then we have written about the denial of a visa to veteran China journalist Paul Mooney in 2013, the forced departure of New York Times journalist Austin Ramzy in 2014, the effective expulsion of L’Orbs reporter Ursula Gauthier in 2015 and the effective expulsion of Buzzfeed’s Megha Rajagopalan in 2017.  In fact, three posts concerning foreign journalists’ visas rounded out our top five most read pieces, including Self-Censorship or Survival? If so, Bloomberg is Not Alone, Late to the Party? The U.S. Government’s Response to China’s Censorship, and the post about Gauthier.

But our most popular post by far was Parallels in Authoritarianism: Trump and the Chinese Communist Party, a post written only a few weeks after Donald Trump’s inauguration that compared his leadership style to those of authoritarian rulers like Mao Zedong.  Over the past two years, these parallels have only become more apparent.  Our second most popular piece was one that took me a long time to come to terms with and write, Chen Guangcheng and the Commandeering of Our China Human Rights Policy, but I am glad that I did.

Oddly, our most read posts are not necessarily our most commented.  Those all happen to be some of our “lighter” pieces and posts from our “Just For Fun” category.  Our most commented post was our movie review of Zhao Liang’s “Petition: The Court of Complaints,” with many commenting on China’s unique petitioning system as a away of handling disputes.  Another heavily commented post was my critique of Maureen Dowd’s criticism of Bob Dylan performing in China, with many noting that I was too harsh on Dylan’s Christmas album by calling it “abysmally bad.” Since I have written that post, I have listened to Dylan’s Christmas album and it is surprisingly endearing; I now no longer skip it in my Christmas playlist and find myself singing along.  Thank you to those who raised this issue in the comments and forced me to change my view.

And that is what has been great about this blog for the past ten years.  It has forced me to more carefully analyze a country that I care deeply about and that has seen seismic change in this past decade.  Additionally, I hope that my passion for understanding China has been communicated to our readers.  CL&P was created to overcome simplistic views of China and to explain, in easy to understand terms, why non-China people should care about some of the underlying issues about China’s rule of law development.  Since its inception, I have strived to ensure that our analysis is always well-documented and informed.  With Trump as president and the fact that he has few China experts working for him as he deals with a more powerful China, understanding the country now is more important than ever.  And we will continue to blog and offer our perspective on US-China relations as well as the continued rise of China in a world where the U.S. seeks to exit the world stage.

In closing, I want to note that this blog would not be successful – and been able to continue for ten years – without the support of many friends and family and the readers who have emailed me to correct a fact or just to give me encouragement.  Your support has been instrumental to me over the years.  For my Chinese friends who have often provided me with a more nuanced understanding of what is happening on the ground in China, I want to say thank you for that and all that you do in China.

So join me in wishing a happy birthday to China Law & Policy!

Panorama Theme by Themocracy

%d bloggers like this: