YEAR OF LITTLE PROGRESS FOR EAST CHINA HUMAN RIGHTS,

C O N F I D E N T I A L SECTION 01 OF 05 SHANGHAI 000010 SIPDIS STATE ALSO FOR DRL O'SULLIVAN E.O. 12958: DECL: 1/12/2035 TAGS: PGOV PHUM SOCI CH SUBJECT: YEAR OF LITTLE PROGRESS FOR EAST CHINA HUMAN RIGHTS, POLITICAL REFORM REF: A. (A) 09 SHANGHAI 97 ¶B. (B) 08 SHANGHAI 542 ¶C. (C) 09 SHANGHAI 253 ¶D. (D) 09 SHANGHAI 395 ¶E. (E) 09 TOKYO 2862 ¶F. (F) 09 SHANGHAI 368 ¶G. (G) 09 SHANGHAI 174 ¶H. (H) 09 SHANGHAI 249 ¶I. (I) 09 SHANGHAI 351 ¶J. (J) 09 SHANGHAI 67 ¶K. (K) 09 SHANGHAI 386 ¶L. (L) 09 SHANGHAI 126 ¶M. (M) 09 SHANGHAI 374 ¶N. (N) 09 SHANGHAI 231 ¶O. (O) 09 SHANGHAI 178 ¶P. (P) 09 SHANGHAI 462 ¶Q. (Q) 09 SHANGHAI 423 ¶R. (R) 09 SHANGHAI 481 ¶S. (S) 09 SHANGHAI 168 CLASSIFIED BY: BEATRICE CAMP, CONSUL GENERAL, US CONSULATE SHANGHAI, DEPARTMENT OF STATE. REASON: 1.4 (b),(d) Summary -------------- ¶1. (C) East China's scorecard for human rights and political reform recorded little progress in 2009, despite a few encouraging signs. Continued prosperity for most inhabitants of the region along with local governments' tight control over dissent combined to limit politically charged protests, activists said. There appeared to be some positive momentum, however, on the spread of religion and proliferation of religious organizations despite problems faced by house churches. East China's netizens also remained active despite tightened government controls. As the Shanghai 2010 World Expo draws near, it is not clear whether the local government will continue to impose measures to restrict freedom of speech and movement at the same level as 2009. End Summary. Charter 08 Concerns: Tough Year for Political Officers -------------- -------------- ¶2. (C) The political sensitivities of 2009 were brought starkly home to the Consulate on the eve of a planned February 11, 2009 reception to commemorate the 200th birthday of Abraham Lincoln. The Shanghai Municipal Foreign Affairs Office tried to stop the reception, stating that the event would include invitees who are "so-called human rights activists and so-called democratic movement activists." In addition, the Ministry of Foreign Affairs convoked the Charge in Beijing to protest what an MFA official called the Consulate's plans to hold a "seminar for �A;human rights activists." Local officials ultimately notified universities and other institutions in Shanghai that their representatives should not attend the reception. Zhang Nian, a professor at Tongji University's Institute of Cultural Criticism, characterized the government's nervousness about the year as "extreme," telling PolOff that because of sensitive anniversaries, such as the sixtieth anniversary of the founding of the PRC in October, "if you are a Political Officer for the U.S. Embassy or Consulate, you might as well take a long break because the Chinese Government is not going to let you do anything" (Ref A). ¶3. (C) The government's concern about "human rights activists" attending the Lincoln reception apparently was directed primarily at signatories of the Charter 08 human rights SHANGHAI 00000010 002 OF 005 declaration that called for sweeping political reforms in China. The document was signed by more than 300 leading intellectuals and activists and was posted on the internet in December 2008 (Ref B). Six Charter 08 signatories -- three from Shanghai and three from Hangzhou -- were on the event guest list in their capacities as long-term Consulate contacts. ¶4. (C) Of the 303 original signatories to Charter 08, 47 were from East China, led by 26 from Shanghai and 17 from neighboring Zhejiang Province (Ref B). PolOff met on several occasions during 2009 with more than a dozen of the signatories, many of whom reported harassment by local authorities in 2009. Wen Kejian, a writer for the Independent PEN and considered to be one of the leaders of East China's Charter 08 movement, was placed under house arrest several times, including before and after the 20th anniversary of the suppression of the Tiananmen Square Democracy Movement on June 4 (Ref C) and around the period of the October 1 60th anniversary celebrations (Ref D). ¶5. (C) Other Charter 08 signatories in East China also were detained or otherwise harassed during the year: --Shanghai lawyer Zheng Enchong remained under house arrest for much of the year because of his support for housing petitioners; --Feng Zhenghu earned worldwide media notoriety for remaining in the Customs hall of Tokyo's Narita airport when he was refused entry to China at Shanghai's Pudong International Airport and returned to Japan (Ref E); --Zhejiang University authorities allegedly refused sociology professor Feng Gang's otherwise qualified application for a position as dean because of Feng's involvement in Charter 08 (Ref F); --Shanghai housing activist Chen Enquan reported harassment by immigration authorities at the land border crossing to Hong Kong. Political Activists Report Ongoing Harassment -------------- ¶6. (C) Other rights advocates and proponents of reform, including lawyers, writers, and housing petitioners, all reported facing difficulties in 2009's more controlled environment. In addition, Shanghai authorities detained several activists before and after the November 15-16 visit of President Obama to Shanghai. East China contacts in the dissident community reported a wide range of difficulties during the year. ¶7. (C) Key cases included the following: --Shanghai-based lawyer Yan Yiming was beaten by three "mysterious persons" in mid-April. Yan had received considerable national attention earlier in the year when he had requested more information on the Central Government's economic stimulus package under the Open Government Information (OGI) Regulation (Ref G); SHANGHAI 00000010 003 OF 005 --Authorities in Taizhou, Zhejiang Province detained Wu Gaoxing, a former Tiananmen prisoner who in late May co-signed an open letter to the government complaining about economic discrimination against dissidents (Ref H); --Shanghai civil activist and housing petitioner Mao Hengfeng reported harassment by police when she attempted to travel to Beijing on two separate occasions. Mao, who had been released from prison in late 2008, said several other petitioners were arbitrarily detained during 2009 (Ref I). Courts and Local Governments Focus on "Stability" -------------- -------------- ¶8. (C) The Communist Party apparatus continued to exercise obvious control over the courts and administrative regulations to quash perceived threats to social stability in East China over the course of 2009. In mid-October, a court in Jiangsu Province sentenced university professor Guo Quan to 10 years in prison on charges of "subversion." Guo had been fired from his position as a professor at Nanjing Normal University after writing a series of articles in 2007 announcing the formation of the China New Democracy Party (CNDP). Similarly, a Hangzhou court sentenced Wang Rongqing to six years in prison in January 2009 for "subverting state authority" when he organized a meeting prior to the 2008 Beijing Olympics of the China Democracy Party (CDP) (Ref J). ¶9. (C) Shanghai courts prevented local attorneys from bringing class-action lawsuits during 2009, apparently under instructions from the Communist Party. Wang Fuhua, a professor at Shanghai Jiaotong University Law School who specializes in class-action lawsuits, told PolOff in October there "is virtually no chance" of class-action lawsuits being successful in East China in the near future because of the lack of an independent judiciary. East China University of Political Science and Law professor Tong Zhiwei pointed out during a September meeting that the Shanghai Bar Association remains a weak organization, which so far is not willing to challenge the Shanghai Municipal Justice Bureau and accepts Party guidance to "avoid sensitive cases" (Ref K). ¶10. (C) Local governments in East China also enacted more stringent regulations on residency requirements that further restricted labor mobility. The Shanghai Municipal Government announced a new permanent residency (hukou) policy in late February, reportedly ending the quota system for hukou management and revealing a new set of "requirements" for converting a temporary resident's permit into a permanent resident card (Ref L). In Zhejiang Province, continued concern about the economy -- and its impact on social stability -- was the impetus for a new residency law, which would require migrants to register for resident permits (Ref M). Religious Freedom: Good News and Not-So-Good News... -------------- -------------- ¶11. (C) On the bright side, there appeared to be positive momentum on certain elements of religious freedom in East China. Shanghai's Catholic Bishop, Jin Luxian, told House Speaker Nancy Pelosi in May the atmosphere for religious freedom is SHANGHAI 00000010 004 OF 005 "more favorable" (Ref N). San Francisco Catholic Diocese Auxiliary Bishop Ignatius Wang was pleasantly surprised to discover he was permitted to preside over Easter Mass at Xujiahui Catholic Church in Shanghai (Ref O). Joseph Gu, the president of the Hangzhou Christian Council and pastor at the Three-Self Patriotic Movement (TSPM) Chongyi Mega Church, told PolOff in February the number of worshippers at both the official and house Protestant churches in Zhejiang Province was growing rapidly. Wu Jianrong of the Shanghai YMCA confidently asserted during a September meeting that he has witnessed greater activity among Shanghai's middle class at local churches in recent years (Ref K). Religious scholar Yan Kejia told PolOff he was encouraged by the Shanghai Municipal Government's decision to allow the opening in December 2009 of a new religious think-tank -- the Center for the Study of Religion and Culture -- where Yan will serve as director. ¶12. (C) Activities by religious organizations unrecognized by the government remain constrained, though. The Shanghai Jewish community still does not have routine access to Ohel Rachel Synagogue, though over the last decade the historic facility has been made available at Hanukah and more recently occasionally for weddings. In the local Christian community, the closure of the popular Wanbang House Church in Shanghai's Minhang District in early November (Ref P) reportedly followed a decision by the church's leadership to rent or buy a new commercial worship space for its rapidly growing congregation. Shanghai house churches face difficulties when they outgrow their meeting spaces and need to move to new, larger locations. According to East China Normal University professor Li Feng, "Small house churches are OK, but public worship in large numbers at an unrecognized church is not." However, anecdotal information and interviews with contacts indicate the number of religious adherents in East China continues to grow rapidly despite local government controls. ...And More Freedom On-Line -------------- ¶13. (C) East China netizens found reason for optimism about trends in internet freedom despite tightened government controls during 2009. On October 8, fifteen Chinese intellectuals, including Zan Aizong, a Charter 08 signatory and Hangzhou-based writer, posted on-line a petition calling for greater internet freedom. The "Internet Human Rights Declaration" espoused ten principles in support of on-line "rights," including "freedom of speech on the internet" (Ref Q). On December 11, Zan told PolOff he and other activists believe free speech on the internet is expanding, adding there is possible room for maneuver on-line for those netizens who "act wisely" in exercising this freedom. The Chinese Government cannot completely control the internet, he added. According to Zan, human rights activists were "very happy" with President Obama's remarks at the Town Hall event in Shanghai on November 16, which identified the internet as a powerful mechanism for change (Ref R). ¶14. (C) At the beginning of 2009, activists had been concerned about the fate of 23-year-old Jia Xiaoyin, who had been arrested in July 2008 for writing in his blog that the murders of six Shanghai police officers by vagrant Yang Jia were "justifiable" because the officers had tortured Yang. East China contacts were pleasedwhen Jia was released in January 2009 after prosecutors decided not to charge him with libel for "spreading rumors" (Ref J). East China University of Political Science and Law professor Tong Zhiwei told PolOff that Jia's release was a legal victory for proponents of free speech on the internet. SHANGHAI 00000010 005 OF 005 ¶15. (C) Shanghai-based political reformers, legal scholars, and internet experts also underscored the growing significance of the internet as a tool to combat corruption in East China. Wang Xiaoyu, a Shanghai-based professor, blogger, and Charter 08 signatory, said in March that netizens increasingly post blogs to expose corrupt local government officials. Anecdotal evidence suggested the number of on-line reports on corrupt officials increased in 2009 (Ref S). Ahead in 2010: The Shanghai World Expo -------------- ¶16. (C) As the Shanghai 2010 World Expo draws near, municipal authorities are eager to show their best side to the world. Local dissidents, however, expect the Expo to result in additional "temporary measures" such as were in place during sensitive periods in 2009 and the Beijing Olympics in 2008. ¶17. (C) Human rights activists outside Shanghai have criticized the 2010 World Expo for the project's alleged links to coercive housing relocations. Several housing petitioners in Shanghai, including Mao Hengfeng, however, told PolOff they do not see a link between the Shanghai 2010 World Expo and housing relocations; they are more concerned with long-time harassment of petitioners that pre-dated Expo planning. Comment: East China Focused on the Economy -------------- ¶18. (C) East China's relative wealth means many of the region's residents enjoy a comfortable lifestyle with considerable personal freedom. An economic meltdown due to the dramatic fall in exports at the end of 2008 did not occur. Consequently, most individuals appear willing to accept the Communist Party's arguments on the need for stringent measures to maintain stability. The concerns and complaints voiced by human rights and political activists may resonate with many members of the public, but not to such an extent that large numbers of people would be willing to challenge the authorities head-on. Events during 2009 demonstrated that the coercive apparatus of the Party-state is alive and well in East China; we see little incentive for the local authorities to take steps to liberalize the existing environment over the coming year. CAMP