¨Legal rights violations in China: Should Obama speak up?¨ Los Angeles Times Opinion

Link
August 13, 2009

In what seems to be part of a crackdown on civil rights lawyers in China, the Chinese government has arrested prominent civil rights lawyer Xu Zhiyong on tax fraud charges. Zhiyong, who has not been heard from since his arrest two weeks ago, started the nonprofit Open Constitution Initiative legal clinic six years ago, which has recently represented victims of the poisoned milk powder that left three children dead and 6,000 sick in China. Zhiyong's clinic was shut down for "tax evasion." Experts say this arrest does not bode well for the already precarious rule of law in China, and human rights activists across the political spectrum are calling for President Obama to speak up on the issue.

While the Chinese government over the last several years has made much progress in multiple areas of law, including trade and corporate issues, civil rights law is less established and growing slowly because of the risks lawyers who practice in this field face. Very few lawyers (Freedom Watch says there are only several dozen) are willing to take on cases such as defending parents whose infants were affected by poisonous baby formula or death row inmates.

Xu was one of the few. Many of his fellow lawyers have been disbarred and believe they will never be reinstated as practicing attorneys, even though they were working within the law to try make change in China. "None of these guys were going around the government," Sophie Richardson of Human Rights Watch told me. "They took cases to court that were violations under Chinese law. It's not an anomaly when you disbar the only 50 people who practice this kind of law."
The question is, why now? According to Clayton Dube, associate director of the USC U.S.-China Institute, many blame this recent crackdown on the upcoming celebration of the 60th anniversary of Communist China. He says the government's skepticism of these lawyers started back with the earthquake in the Sichuan province, continued with the Tibetan protests (many of whom were represented by rights lawyers) and grew with the milk contamination cases. In other words, this isn't a new phenomenon.

Both Freedom Watch and Human Rights Watch have said that they wish the Obama administration would do more to confront China over the violation of legal and civil rights, the effects of which they say are not only felt by Chinese citizens but often also by foreigners, as was the case with the exported baby formula.

Should the Obama administration speak out against the infringement of human rights in China and the deterioration of this field of law? China is a strategic partner that might not react well to harsh criticism from its economic ally. Even so, is it the president's duty to press on this issue and risk economic consequences for the United States?

"Xu Zhiyong in Custody Seven Days; Still No Official Explanation," by Human Rights in China

Link
August 4, 2009

Seven days after Xu Zhiyong (许志永), the director of Gongmeng, a public interest organization in Beijing, was taken away by Beijing Municipal Public Security Bureau’s Homeland Protection, there is still no official explanation for his detention. According to unofficial reports, Xu Zhiyong is being detained on tax evasion charges and is currently being held at the Beijing No. 1 Detention Center.

Gongmeng, also known as Open Constitution Initiative (OCI), is an organization set up to provide legal consultation and assistance to the public. Despite the public-interest nature of its work, Gongmeng has registered as a for-profit company in order to operate independent of government control. Under Chinese regulations, all civil society organizations must be supervised by a high-level government unit, an arrangement that effectively puts them under direct government control. On July 17, the Chinese authorities shut down Gongmeng’s Law Research Center, citing its failure to register with the government. Three days earlier, tax authorities had ordered Gongmeng to pay 1.42 million yuan ($208,000) in fines for tax violations. Gongmeng’s website has also been shut down by the authorities.

Xu Zhiyong, 36, is a professor at the Beijing University of Posts and Telecommunications and was a representative of Beijing’s Haidian District at the Thirteenth and Fourteenth People’s Congress. In October 2003, he, Yu Jiang, and Teng Biao founded Gongmeng with the goal of advancing the rule of law and social justice, and promoting civil rights defense activities. Its high effectiveness has gained it the moniker the “cradle” of China’s rights defense lawyers. It recently provided continuous legal assistance to the victims of the Sanlu tainted milk scandal in their damages compensation lawsuit.

Xu Zhiyong was born in Minquan County, Henan Province. Having resolved in middle school to devote himself to public service, he earned his Bachelor of Law and Master of Law degrees at Lanzhou University. He later entered Peking University Law School, where he gained a doctorate. His pursuit of rights defense issues has included many famous cases: in 2003, Xu Zhiyong, Yu Jiang, and Teng Biao petitioned the People’s Congress in the Sun Zhigang incident,¹ and one month later, the custody and forced repatriation procedure was abolished. Xu Zhiyong also defended the legal rights and interests of privately-run enterprises in the Sun Dawu² case and represented Chen Guoqing³ from Chengde in a nine-year-long case of deferred death sentence. Unafraid of violence, he has persisted in investigating “black jails” used to lock up government petitioners.

Human Rights in China urges the international community to scrutinize the progress of Xu Zhiyong’s case. “It is clear the authorities are using the legal process to harass and prosecute right defense lawyers,” said Sharon Hom, executive director of Human Rights in China. “By suppressing Xu Zhiyong, who is a moderate voice for social change and has dedicated his career to helping forge a society with genuine rule of law, the authorities are running the risk of radicalizing the forces for reform and change in China.”