Trial of Sanshan Farmers Begins: More Protests to

C O N F I D E N T I A L SECTION 01 OF 02 GUANGZHOU 032440

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E.O. 12958: DECL: 12/21/16
TAGS: PGOV PHUM SOCI KCRM CH
SUBJECT: Trial of Sanshan Farmers Begins: More Protests to
Follow?

Ref: A) Guangzhou 32380; B) Guangzhou 32369; C) Guangzhou

15624; D) Beijing 06612; E) Guangzhou 29647


1. (U) Classified by Consul General Robert Goldberg.
Reason 1.4 (d).


2. (C) SUMMARY AND COMMENT: A Foshan court official has
confirmed that the trial of seven farmers - accused of
Triad-related extortion - from a village in Guangdong has
begun; outside lawyers have been barred from participating
in the case. The charges relate to protests over land
seizures in the summer of 2005. International media
attention may actually be worsening the legal situation for
the farmers, according to activists familiar with the
incident. The Beijing-based group Empowerment and Rights
Institute (EARI),although officially disbanded, appear to
be using the conflict as a testing ground to jumpstart its
own moribund activities. If the farmers are sentenced,
protests might ensue in Foshan, a city plagued by
instability that has become a rallying point for South
China's activists. END SUMMARY AND COMMENT


3. (U) The Associated Press reported that on December 19 a
court official confirmed that the trial of seven farmers
from Sanshan village in Foshan City had started and was
expected to last two days. The farmers were affiliated
with a June 2005 over a land contract, which allowed a
businessman to build a fish farm on the land. The
businessman allegedly signed the contract without the
villagers' consent. According to Zhang Jiankang, a
Shaanxi-based lawyer who is unofficially representing the
farmers, the businessman's company negotiated with the
farmers and offered them $6,300 as compensation (equal to
about $25 per person involved),but the businessman's
company later claimed the farmers had extorted it.


4. (C) During the June protest, local police violently
suppressed the villagers, beating up some farmers and
arresting seven representatives from the group, including:
Liu Dehuo, Xiaobing (female),Chen Zhibiao, Chen Ningbiao,
Cui Yongfa and Guo Jianhua. On July 9, 2006, the Nanhai
District government claimed the seven farmers represented a
Triad group engaged in "extortion and blackmail." (Comment:
Charges of Triad connections, although appearing more
politically motivated, were also mentioned during the
November 8 protest in Foshan's Shunde District, during
which 300 people were taken hostage, ref A. End Comment.).
The trial had been scheduled on October 6, was postponed to
November 19, and was postponed once again. Congenoff had
received email notice of the two previous trials, but the
December 19 date appears to have been secretly announced.
On December 20, the Deputy Director of the Nanhai Foreign
Affairs Office said that his office was "not aware of the
issue." If found guilty, the farmers could face between
three-and-10 years in prison. (Note: In June, 12 people
involved with the December 2005 Dongzhou protest, which led
to the deaths of three villagers, received prison sentences
of between three and seven years for illegally using
explosive materials and "disturbing the public," ref C. End
note.).


5. (U) Lawyers for the accused have been threatened
throughout the case. Under political pressure, a lawyer
from Shandong declined to continue the case. Meanwhile,
Zhang Jiankang, the Shaanxi lawyer, told the Associated
Press that he was stopped by police while traveling to
Nanhai. "They asked me to stay away from the case. In the
last few days I had been followed day and night by about
six or seven policemen." Additionally, about 3,000
villagers have signed a petition to stop the land
development, according to one media source.

Background: A Simmering Issue
--------------


6. (U) In 1992, Nanhai district began requisitioning land
from Sanshan village for industrial development. Initially
the farmers believed they were ensured the land would not
be completely taken away and some received up to USD 1,235
in compensation. Then in October 2004, the district
government decided to develop all of the village's land.
In May 2005, a group of farmers discovered an original
requisition contract, revealing that in 1992 Sanshan
village leaders had agreed to let developers take all of
the villagers' land. On July 2, during one of the many

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protests against the government's decision, an Amcit
university student, who was filming the scene as part of a
research project, was detained and released that night.

Outside Influence: Help or Harm?
--------------


7. (C) On December 20, Li Xiaolong, formerly of the Rights
and Empowerment Institute (EARI, or Renjiquan, which was
temporarily closed down in October 2005),a Beijing-based
rights group, told Congenoff his organization has been
"intensely following" the Sanshan incident. In July, 2005,
EARI sent three Chinese nationals and one Amcit (the one
later detained) to Nanhai to investigate the situation.
According to Tang Jingling, a leading South China activist,
in addition to Zhang Jiankang, activists "Maggie" Hou
Wenzhou, Chen Huiying (aka Ai Ying) and lawyer Gao Feng
have also been involved in the case.


8. (C) During the conversation with Congenoff, Li
contacted lawyer Zhang Jiankang over the phone who
confirmed that he has been barred from entering the village
and that Hou Wenzhou and Ai Ying (who was sentenced to one
year of "reform through labor") continue to face tight
government surveillance of any political activities.
Moreover, Zhang said that international media attention to
the case may actually be worsening the farmer's due process,
because local officials are worried about their reputation
and are seeking a speedy trial. Li predicted that if the
court's decision is particularly harsh, then there could be
more protests in the village.

More Details on Activists' Methods and Funding
-------------- -


9. (C) Li also noted that besides Sanshan village, the
disbanded EARI (which has tried to unofficially reformulate
with the members Li, Zhang Jiankang, and Beijing-based Hao
Suqiang) is currently working on land conflict cases in
Guangxi Autonomous Region, near Yulin city, and in Shandong
province. Li said that because of the government's
clampdown on the Rights Protection Movement (weiquan
yundong, ref D) there are few new cases, but instead a
focus to solve long-standing conflicts. In such protracted
cases, EARI is attempting to first mediate between
villagers and government officials. Li said this method
has worked successfully in Guangxi. However, if government
officials are unwilling to mediate, Li said that the second
step is to threaten media attention and protest.


10. (C) Li outlined his three goals for EARI. First, he
wants an office (with computers and around five full-time
activists) for rights protection in each province. Li has
written an article, entitled "The Fundament of Democracy,"
on why the movement needs a "basis" for activities. In the
article he claims that China lacks organized groups
focusing on rural rights protection; this forces activists
to band together haphazardly during moments of crisis (such
as Taishi in August 2005, ref E). Second, EARI hopes to
write an annual human rights report (using the standards of
the United Nations Human Rights Charter). Third, EARI
wants to develop civil society education to teach the basic
rights guaranteed by the U.N. Human Rights Charter (ref B).
Li said that human rights education has been the most
"neglected" aspect of China's political reform.


11. (C) Li described in more detail the operations of EARI
in 2005. He said that the leader, Hou Wenzhou, received
about 10,000 RMB a month from the National Endowment for
Democracy. From that, a "typical" activist received RMB
1,000-2,000, while the most specialized lawyers received
RMB 4,000. Li mentioned the help of government leaders
such as Gao Zhan, a director from the State Reform Council,
who advises the group on possible government reaction to
their activities. Li also confirmed previous reports that
activists from the Panyu region were "critical figures" who
connected the complaints of villages from Taishi with
Beijing activists and who have helped spread protest
tactics to Foshan.


12. (U) For a good summary of the Sanshan background, see:
http://www.washingtonpost.com/wp-
dyn/content/article/2005/11/11/AR200511110193 4_pf.html

GOLDBERG