HR Report 2006
China (includes Tibet, Hong Kong, and Macau)
Country Reports on Human Rights Practices - 2006
Released by the Bureau of Democracy, Human Rights, and Labor
March 6, 2007
(The section for Tibet, the report for Hong Kong, and the report for Macauare appended below.)
The People's Republic of China (PRC) is an authoritarian state in which, as specified in its constitution, the Chinese Communist Party (CCP) is the paramount source of power. Party members hold almost all top government, police, and military positions. Ultimate authority rests with the 24-member political bureau (Politburo) of the CCP and its nine-member standing committee. General Secretary Hu Jintao holds the three most powerful positions as CCP general secretary, president, and chairman of the Central Military Commission. The party's authority rested primarily on the government's ability to maintain social stability; appeals to nationalism and patriotism; party control of personnel, media, and the security apparatus; and continued improvement in the living standards of most of the country's 1.3 billion citizens. Civilian authorities generally maintained effective control of the security forces.
Although the constitution asserts that "the state respects and preserves human rights," the government's human rights record remained poor, and in certain areas deteriorated. There were an increased number of high-profile cases involving the monitoring, harassment, detention, arrest, and imprisonment of journalists, writers, activists, and defense lawyers, many of whom were seeking to exercise their rights under law. The government tightened restrictions on freedom of speech and the press, including stricter control and censorship of the Internet. Nongovernmental organizations (NGOs), both local and international, continued to face increased scrutiny and restrictions. As in previous years, citizens did not have the right to change their government. Other serious human rights abuses included instances of extrajudicial killings; torture and coerced confessions of prisoners; and the use of forced labor, including prison labor. Legal reforms continued to stall, as the party and state exercised strict political control of courts and judges, and maintained closed trials and administrative detention. Executions often took place on the day of conviction or immediately after the denial of an appeal. A lack of due process and new restrictions on lawyers further limited progress toward rule of law. Individuals and groups, especially those considered politically sensitive, continued to face tight restrictions on their freedom to assemble; their freedom to practice religion, including strengthened enforcement of religious affairs regulations implemented in 2005; and their freedom to travel. The government continued its coercive birth limitation policy, in some cases resulting in forced abortion and sterilization.
The government failed to adequately protect refugees, and the forced repatriation of North Koreans continued to be a grave problem. Serious social conditions that affected human rights included endemic corruption, trafficking in persons, and discrimination against women, minorities, and persons with disabilities. The government continued its severe cultural and religious repression of minorities in Tibetan areas and Xinjiang; in Xinjiang, trials and executions of Uighurs charged with separatism continued.
The government continued to pursue some criminal and judicial reforms. China's highest court, the Supreme People's Court (SPC), began implementing new appellate procedures for hearing death penalty cases and took concrete steps towards reclaiming the death penalty review power from provincial courts. In July the Supreme People's Procuratorate (SPP) issued new regulations that detail criteria for prosecuting official abuses of power, and clarified that police are accountable when they use torture to coerce confessions.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
During the year politically motivated and other arbitrary and unlawful killings occurred, although no official statistics on deaths in custody were available.
On September 30, People's Armed Police at the Nangpa La pass fired at a group of approximately 70 Tibetans attempting to cross into Nepal, killing 17-year-old nun Kelsang Namtso and wounding others (see Tibet Addendum).
In December 2005 police shot and killed at least three protesters in Dongzhou Village, Guangdong Province. Villagers claimed that as many as 20 villagers were shot and killed by paramilitary riot police, with approximately 40 others missing. The government said the shooting occurred after protesters threw explosives at police and claimed that three protesters were killed. On May 24, 13 villagers from Dongzhou were sentenced to prison terms ranging from three to seven years for alleged crimes during the protest. Four government officials were given internal warnings, but only the deputy director of the local Public Security Bureau (PSB) was removed from his position.
Trials involving capital offenses sometimes took place under circumstances involving severe lack of due process and with no meaningful appeal. Some executions took place on the day of conviction or failed appeal. In past years executions of Uighurs whom authorities accused of separatism, but which some observers claimed were politically motivated, were reported (see sections 1.e. and 5). The government regarded the number of death sentences it carried out as a state secret. However, in March 2004 a National People's Congress (NPC) deputy asserted that nearly 10,000 cases per year "result in immediate execution," a figure SPC and Ministry of Justice officials stated was exaggerated. Foreign experts estimated that the country executed between 5,000 and 12,000 persons each year. Media reports stated that approximately 10 percent of executions were for economic crimes, especially corruption. The SPC began implementing new appellate procedures requiring it to review all death sentences, thus consolidating and reclaiming the death penalty review power from provincial courts. The SPC and SPP issued a joint interpretation to establish specific guidelines for how local courts and procuratorates should handle death penalty appeals. The SPC added three new tribunals to conduct reviews of death sentences and hired hundreds of personnel to staff the new tribunals, but at year's end it had not begun exercising its reclaimed review authority. The SPC has not issued a judicial interpretation to settle unresolved issues in the death penalty review process and to clarify its own procedures for final review (see section 1.e.).
b. Disappearance
Tsewangnorbu, a Web master for a Web site run by the Snow Country Tibetans, was not heard from after Gansu Province security authorities shut down the Web site in March 2005, according to NGOs. His whereabouts remained unknown. In October Shi Xiaoyu was reportedly detained in Zhejiang Province after writing about labor disputes online. His status remained unknown. Shanghai petitioner Chen Xiaoming was detained by police in February, and his whereabouts remain unknown.
At year's end the government had not provided a comprehensive, credible accounting of all those killed, missing, or detained in connection with the violent suppression of the 1989 Tiananmen demonstrations.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law forbids prison guards from extorting confessions by torture, insulting prisoners' dignity, and beating or encouraging others to beat prisoners. However, police and other elements of the security apparatus employed widespread torture and degrading treatment when dealing with some detainees and prisoners. UN Rapporteur on Torture Manfred Nowak's March report to the UN Commission on Human Rights blamed the prevalence of torture on institutional weakness and lack of judicial independence in a system that pressures police to solve cases and allows them wide discretion in matters of arrest and detention.
Former detainees credibly reported that officials used electric shocks, beatings, shackles, and other forms of abuse. In January four teenagers from Anhui Province were released from custody. Media reports said authorities were investigating three police officers on suspicion of using torture to coerce false confessions from the teenagers. Public security officials acknowledged that the teenagers' cases were mishandled. In June authorities charged Alim, Ablikim, and Qahar Abdurehim, three of Uighur businesswomen Rebiya Kadeer's sons, with state security and economic crimes. Authorities beat Alim and Ablikim, and Alim confessed to the charges against him after reportedly being tortured. In October 2005 Falun Gong adherents Liu Boyang and Wang Shuohui of Changchun, Jilin Province reportedly died in custody after being tortured by police. Beijing-based petitioner leader Ye Guozhu was reportedly tortured and abused in prison, including beatings with electric batons, suspension from the ceiling by his arms, and shackled and forced to sit in extreme positions for extended periods of time. Inner Mongolian cultural activist Hada was also reportedly tortured. Approximately half of all alleged acts of torture occurred in pretrial criminal detention centers or reeducation-through-labor centers.
In February the Ministry of Justice established punishments for prison and reeducation-through-labor police who beat, or induce others to beat, prisoners.
In March UN Special Rapporteur Nowak reaffirmed earlier findings that torture remained widespread. Nowak reported that beatings with fists, sticks, and electric batons continued to be the most common tortures. He also found that prisoners continued to suffer cigarette burns, prolonged periods of solitary confinement, and submersion in water or sewage, and that they were made to hold extreme positions for long periods, were denied medical treatment, and were forced to do hard labor. Death row inmates were shackled or handcuffed 24 hours per day and systematically abused to break their will and force confession. According to Nowak, officials specifically targeted house church groups, Falun Gong adherents, Tibetans, and Uighur prisoners for abuse. Nowak found that procedural and substantive measures to prevent torture were inadequate.
Since the crackdown on Falun Gong began in 1999, estimates of the numbers of Falun Gong adherents who died in custody due to torture, abuse, and neglect ranged from several hundred to a few thousand (see section 2.c.). UN Special Rapporteur Nowak reported in March that Falun Gong practitioners accounted for 66 percent of victims of alleged torture while in government custody.
The Ministry of Public Security (MPS) began audio and video taping of police interrogations in homicide and organized crime cases in an attempt to prevent coerced confessions. In May the government concluded a campaign to curb coerced confessions. The campaign exposed 3,700 cases of official abuse and resulted in 1,924 prosecutions and 1,450 convictions.
On November 29, the PSB punished 100 alleged prostitutes and their procurers in an act of public shaming in the southern city of Shenzhen. Officials paraded the women in front of jeering crowds, revealed their names and alleged crimes over a loudspeaker, and then sentenced them to administrative detention without trial. According to reports, the purpose of this campaign was to dissuade women from turning to prostitution and intimidate men who patronized brothels.
Sexual and physical abuse and extortion were reported in some detention centers. Falun Gong activists reported that police raped female practitioners, including an incident in November 2005 at the Dongchengfang police station in Tunzhou City, Hebei Province, in which two women were raped while in detention.
According to foreign researchers, the country had 20 ankang institutions (high-security psychiatric hospitals for the criminally insane) directly administered by the Ministry of Public Security. Persons committed to these institutions had no mechanism for objecting to public security officials' determinations of mental illness. Some dissidents, persistent petitioners, and others were housed with mentally ill patients in these institutions. Patients in these hospitals were reportedly given medicine against their will and forcibly subjected to electric shock treatment. The regulations for committing a person into an ankang psychiatric facility were not clear. Credible reports indicated that a number of political and trade union activists, underground religious believers, persons who repeatedly petitioned the government, members of the banned China Democratic Party, and Falun Gong adherents were incarcerated in such facilities during the year. These included Wang Miaogen, Wang Chanhao, Pan Zhiming, and Li Da, who were reportedly held in an ankang facility run by the Shanghai PSB. Activists sentenced to administrative detention also reported they were strapped to beds or other devices for days at a time, beaten, forcibly injected or fed medications, and denied food and use of toilet facilities.
Prison and Detention Center Conditions
The Ministry of Justice administered more than 700 prisons with a population of more than 1.8 million inmates, according to 2005 official statistics. In addition, 30 jails for juveniles held approximately 22,000 juvenile offenders. The country also operated hundreds of administrative detention centers, which were run by security ministries and administered separately from the formal court system (see section 2.d.).
Conditions in penal institutions for both political prisoners and common criminals generally were harsh and degrading. Prisoners and detainees often were kept in overcrowded conditions with poor sanitation. Prison capacity was an increasing problem in some areas. Food often was inadequate and of poor quality, and many detainees relied on supplemental food and medicines provided by relatives; some prominent dissidents were not allowed to receive such goods.
During the year new reports from overseas medical and legal experts asserted that the government harvested organs from executed prisoners without consent. At least one formal complaint was filed with the government by a family alleging that their executed son's organs were harvested before the body was returned to the family for burial. In July 2005 Vice Minister of Health Huang Jiefu confirmed that the majority of organs used in transplants in the country come from executed prisoners. A Ministry of Health directive prohibits buying and selling human organs and tissues and requires that organ donations from deceased individuals be "handled according to society's ethical and moral principles." However, new regulations that went into effect in July focus on organ trade, which refers to persons voluntarily selling their organs, a practice rare in China, but leave intact old provisions that legalize organ harvesting if no one claims the body for burial. Critics also assert that the regulations apply to Ministry of Health hospitals but not military hospitals, where it is alleged that transplants for foreigners were conducted.
Adequate, timely medical care for prisoners remained a serious problem, despite official assurances that prisoners have the right to prompt medical treatment. Labor activist Xiao Yunliang remained in prison in very poor health. Other prisoners with health concerns included democracy activists Qin Yongmin, Hua Di, Wang Sen, and He Depu; Internet writers Yang Zili and Luo Yongzhang; labor activists Hu Shigen and Zhang Shanguang; Inner Mongolian activist Hada; foreign residents Yang Jianli and Wang Bingzhang; and religious prisoners Zhang Rongliang, Liu Fenggang, and Gong Shengliang.
Acknowledging guilt was a precondition for receiving certain prison privileges, including the ability to purchase outside food, make telephone calls, and receive family visits. Prison officials often denied privileges to those, including political prisoners, who refused to acknowledge guilt.
Conditions in administrative detention facilities, such as reeducation-through-labor camps, were similar to those in prisons. Beating deaths occurred in administrative detention and reeducation-through-labor facilities.
The law requires juveniles to be held separately from adults, unless facilities are insufficient. In practice, children sometimes were held with adult prisoners and required to work (see sections 1.d. and 6.c.). Political prisoners were segregated from each other and placed with common criminals, who sometimes beat political prisoners at the instigation of guards. Newly arrived prisoners or those who refused to acknowledge committing crimes were particularly vulnerable to beatings.
The government generally did not permit independent monitoring of prisons or reeducation-through-labor camps, and prisoners remained inaccessible to most international human rights organizations. In July 2005 the International Committee of the Red Cross (ICRC) opened a regional delegation in Beijing, although the government did not grant the ICRC access to prisons.
d. Arbitrary Arrest or Detention
Arbitrary arrest and detention remained serious problems. The law permits police and security authorities to detain persons without arresting or charging them. Because the government tightly controlled information, it was impossible to determine accurately the total number of persons subjected to arbitrary arrest or detention. According to 2005 official statistics, 500,000 persons were held in 310 reeducation-through-labor camps. In 2004, special administrative detention facilities held more than 350,000 offenders. The government also confined some Falun Gong adherents, petitioners, labor activists, and others to psychiatric hospitals.
Role of the Police and Security Apparatus
The security apparatus is made up of the Ministries of State Security and Public Security, the People's Armed Police, the People's Liberation Army (PLA), and the state judicial, procuratorial, and penal systems. The Ministries of State Security and Public Security were responsible for internal security. SPP and SPC officials admitted that courts and prosecutors often deferred to the security ministries on policy matters and individual cases. The PLA was responsible for external security, but also had some domestic security responsibilities.
The MPS coordinates the country's law enforcement, which is administratively organized into local, county, provincial, and specialized police agencies. Recent efforts have been made to strengthen historically weak regulation and management of law enforcement agencies; however, judicial oversight was limited, and checks and balances were absent. Corruption at the local level was widespread. Police officers reportedly coerced victims, took individuals into custody without just cause, arbitrarily collected fees from individuals charged with crimes, and mentally and physically abused victims and perpetrators.
The SPP acknowledged continuing widespread abuse in law enforcement. In July the SPP issued new standards for prosecuting official abuses of power. Domestic news media reported the convictions of several public security officials who had beaten to death suspects or prisoners in their custody. Nonetheless, investigation of misconduct typically only came in response to publicity, public pressure, and persistent efforts by relatives of victims to petition the government. In July an SPP spokesperson said there were many abuse of power cases that the procuratorates did not dare handle.
Arrest and Detention
Public security organs do not require court-approved warrants to detain suspects under their administrative detention powers. After detention, the procuracy can approve formal arrest without court approval. The courts, the procuracy, and public security organs grant bail only in a small minority of cases. Access to lawyers is limited before formal charges are filed, and lawyers generally cannot discuss the substance of a detainee's case with the detainee before formal charges are filed.
Administrative detention was frequently used to intimidate political activists and prevent public demonstrations (see section 2.b.). The government was reforming its administrative punishment system, but reforms seek to codify rather than abolish it. In March the new public order administrative punishment law went into effect. The law provides for administrative review of detention decisions, bans administrative detention of minors, the elderly, pregnant women, and nursing mothers, places limits on interrogation, and limits the maximum period for public order detentions to 20 days. However, the law also establishes more severe punishments and creates 165 new offences subject to administrative punishment, including illegal demonstrations, disturbing social order in the name of religion, invasion of privacy, and publication that incites ethnic or national hostility or discrimination. Police continued to hold individuals without granting access to family members or lawyers, and some trials continued to be conducted in secret. Detained criminal suspects, defendants, their legal representatives, and close relatives were entitled to apply for bail; however, in practice few suspects were released on bail pending trial.
Extended, unlawful detention remained a problem. In January the government reported to UN Special Rapporteur Nowak that there were no serious cases of extended detention lasting more than three years and that cases of persons held beyond lawful time limits were at an all-time low. In May the SPP acknowledged that unlawful extended detentions remain a problem and that authorities misused legal provisions to hide this. Law enforcement officials continued to detain citizens for long periods without formal charge or trial. A number of politically sensitive individuals were held for periods longer than the time authorized by law, which varied depending on the stage a case is in. In some cases, investigating security agents or prosecutors sought repeated extensions, resulting in pretrial detention of a year or longer.
The government used incommunicado detention. The law requires notification of family members within 24 hours of detention, but individuals were often held without notification for significantly longer periods, especially in politically sensitive cases. Under a sweeping exception, officials were not required to provide notification if doing so would "hinder the investigation" of a case. In some cases police treated those with no immediate family more severely.
Citizens who were reportedly detained with no or severely delayed notice included HIV/AIDS activist Hu Jia, blind legal activist Chen Guangcheng, attorney Zhu Jiuhu, petitioner advocate Hou Wenzhuo, and writer Guo Feixiong (also known as Yang Maodong). On February 16, Hu Jia was detained and held incommunicado for 41 days, until March 28 (see sections 1.d. and 4). During Hu's detention, police questioned him about his contacts with rights lawyer Gao Zhisheng. On August 15, Gao was likewise detained and thereafter held incommunicado by government authorities.
The law permits nonjudicial panels, called labor reeducation panels, to sentence persons without trial to three years in reeducation-through-labor camps or other administrative detention programs. The labor reeducation committee is authorized to extend a sentence up to one year. Defendants could challenge reeducation-through-labor sentences under the administrative litigation law and appeal for a reduction in, or suspension of, their sentences (see section 1.e.). However, appeals rarely succeeded. Many other persons were detained in similar forms of administrative detention, known as "custody and education" (for prostitutes and those soliciting prostitutes) and "custody and training" (for minors who committed crimes). Administrative detention was frequently used to intimidate political activists and prevent public demonstrations (see section 2.b.). A special form of reeducation centers was used to detain Falun Gong practitioners who had completed terms in reeducation through labor but whom authorities decided to continue detaining.
Authorities arrested persons on charges of revealing state secrets, subversion, and common crimes to suppress political dissent and social advocacy. Citizens also were detained and prosecuted under broad and ambiguous state secrets laws for, among other actions, disclosing information on criminal trials, meetings, and government activity. Information could retroactively be classified a state secret by the government. Citizens writing on the Internet were detained, arrested, and sentenced on state secrets and subversion charges during the year (see section 2.a.).
Among those specially targeted for arbitrary detention or arrest during the year were current and former China Democracy Party (CDP) activists, Falun Gong practitioners, domestic and foreign journalists, unregistered religious figures, and former political prisoners and their family members. Gao Zhisheng was detained and questioned several times during the year. On August 15, authorities reportedly abducted Gao from his sister's home in Shandong Province and thereafter detained him. Gao's wife and children were under house arrest in Beijing. On November 24, Gao Zhisheng's wife, Geng He, was attacked by local officials while shopping in Beijing. In February activist Hu Jia disappeared after launching a hunger strike protesting government abuses. Officials held Hu for 41 days at an undisclosed location without any legal formalities or notice to his family (see section 1.b.).
The government continued to use house arrest as a nonjudicial punishment and control measure against dissidents, former political prisoners, family members of political prisoners, petitioners, underground religious figures, and others it deemed politically sensitive. In some cases house arrest involved constant monitoring, but the target of house arrest was occasionally permitted to leave the home to work or run errands. When outside the home, the subject of house arrest was usually, but not always, under surveillance. House arrest encompassed varying degrees of stringency but sometimes included complete isolation in one's own home or another location under lock and guard. In some instances security officials assumed invasive positions within the family home, rather than monitoring from the outside.
Former senior leader Zhao Ziyang died in January 2005, after spending more than 15 years under house arrest in Beijing for his support of student demonstrations at Tiananmen in 1989. Zhao's former aide Bao Tong remained under similar surveillance in his home. In September 2005 blind legal advisor and family planning whistleblower Chen Guangcheng was placed under house arrest without charge or trial for nine months. Local authorities did not formally notify Chen of his criminal detention until June 10 (see section 1.e.). On June 5, activist lawyer Zheng Enchong was released from prison and placed under house arrest. Several underground Catholic priests and bishops were under house arrest for varying periods during the year. The longest serving among them may be Bishop Su Zhimin, who has reportedly been detained in a form of house arrest in Baoding, Hebei Province, since 1997. An unverified press report circulated in June stated that Bishop Su had died in custody. The government did not respond to this report.
Police continued the practice of placing under surveillance, harassing, and detaining citizens around politically sensitive events, including before the first anniversary of Zhao Ziyang's death in January, the plenary sessions of the NPC and Chinese People's Political Consultative Conference (CPPCC) in March, and the anniversary of the founding of the PRC in October. Authorities in Xinjiang used house arrest and other forms of arbitrary detention against those accused of the "three evils" of extremism, splittism, and terrorism. Because authorities failed to distinguish carefully between peaceful activities supporting independence, "illegal" religious activities, and violent terrorism, it was difficult to determine whether raids, detentions, arrests, or judicial punishments were targeted at those peacefully seeking political goals, those seeking worship, or those engaged in violence (see section 5). Others held under house arrest for varying periods during the year included Tiananmen activist Qi Zhiyou, Internet writer Liu Di, underground Catholic bishops Jia Zhiguo and Wei Jingyi, members of the Tiananmen Mothers organization and of the Independent PEN Center for Freedom to Write. Family members of some detained political prisoners reported being under house arrest or other surveillance.
Officials deployed a wide range of tactics to obstruct the work of lawyers representing sensitive clients, including unlawful detentions, disbarment, intimidation, refusal to allow a case to be tried before a court and physical abuse. According to the law, defense attorneys can be held responsible if their client commits perjury, and prosecutors and judges have wide discretion to decide what constitutes perjury. According to the All-China Lawyers Association, since 1997 more than 500 defense attorneys have been detained. More than 80 percent were acquitted, but the prosecutions nevertheless had a chilling effect on attorneys' willingness to handle controversial defense cases. In 1990 Beijing attorneys handled an annual average of 2.64 criminal cases; by 2000 the figure had dropped to 0.78. Nationwide, attorneys handled an average of only 0.72 criminal cases in 2004.
On June 10, blind legal activist Chen Guangcheng, who publicized local officials' abuses in family planning policies, was formally arrested after nine months of informal house arrest. Local officials physically abused Chen several times after he tried to file lawsuits objecting to their abuses. Officials threatened attorneys and law professors who rallied to defend Chen. In June and July, local authorities obstructed attempts by lawyers to gather evidence in Chen Guangcheng's defense. The night before Chen's August 18 trial, local authorities detained Chen's lawyers on spurious charges, which were later dropped. The following day, court-appointed attorneys effectively conceded the case against Chen. On August 24, Chen was sentenced to four years' and three months' imprisonment on dubious charges of obstructing traffic and inciting others to destroy public property. Chen's case was later remanded for retrial, where he was represented by his own lawyers. However, courts affirmed Chen's original conviction and sentence on retrial and then again on appeal.
In February lawyer Tang Jingling was beaten by thugs after visiting Guo Feixiong, who was under house arrest after helping villagers attempt to recall the elected village head of Taishi, Guangdong Province. Police refused to investigate the incident. In April Tang, who had begun practicing law at a second firm, was stripped of his license to practice law and dismissed from that law firm.
According to the law, in routine criminal cases police can unilaterally detain persons for up to 37 days before releasing them or formally placing them under arrest. After a suspect is arrested, the law allows police and prosecutors to detain a person for up to seven months while public security organs further investigate the case. Another one and one-half months of detention are allowed where public security organs refer a case to the procuratorate to decide whether to file charges. If charges are filed, authorities can detain a suspect for an additional one and one-half month period between filing and trial. However, in practice the police detained persons beyond the time limits stipulated by law. In some cases, investigating security agents or prosecutors sought repeated extensions, resulting in pretrial detention of a year or longer. It was uncertain how many other prisoners were similarly detained. Beijing authorities held New York Times researcher Zhao Yan from September 17, 2004, until his trial on June 16. Authorities asserted that the pretrial extension was justified by special exceptions to the time limits, but Zhao and his lawyer claimed that the extended pretrial detention was unlawful.
e. Denial of Fair Public Trial
The law states that the courts shall exercise judicial power independently, without interference from administrative organs, social organizations, and individuals. However, in practice the judiciary was not independent. It received policy guidance from both the government and the CCP, whose leaders used a variety of means to direct courts on verdicts and sentences, particularly in politically sensitive cases. At both the central and local levels, the government and CCP frequently interfered in the judicial system and dictated court decisions. Trial judges decide individual cases under the direction of the trial committee in each court. In addition, the CCP's law and politics committee, which includes representatives of the police, security services, procuratorate, and courts, had the authority to review and influence court operations at all levels of the judiciary; in some cases the committee altered decisions. People's congresses also had authority to alter court decisions, but this happened rarely.
Corruption often influenced judicial decision making, and safeguards against corruption were vague and poorly enforced (see section 3). In 2005 378 judges were investigated for taking bribes, and 66 were found criminally liable. Local governments appointed judges at the corresponding level of the judicial structure. Judges received their court finances and salaries from these government bodies and could be replaced by them. Local authorities often exerted undue influence over the judges they appointed and financed.
The SPC is followed in descending order by the higher, intermediate, and basic people's courts. These courts handle criminal, civil, and administrative cases, including appeals of decisions by police and security officials to use reeducation through-labor and other forms of administrative detention. There were special courts for handling military, maritime, and railway transport cases.
The CCP used a form of discipline known as shuang gui for violations of CPP discipline, but there were reports of its use against nonparty members. Shuang gui is similar to house arrest and can be authorized without judicial involvement or oversight. Shuang gui requires the CCP party member under investigation to submit to questioning at a designated place for a set period of time. According to regulations of the Central Discipline Inspection Commission (CDIC) governing shuang gui, corporal punishment is banned, the member's dignity must be respected, and he or she is regarded as a comrade unless violations are proved. Absent any legal oversight, it is unclear how these regulations were enforced in practice.
Trial Procedures
Trials took place before a judge, who often was accompanied by "people's assessors," lay persons hired by the court to assist in decision making. According to statistics published during the year, there were 48,211 people's assessors. According to law, people's assessors had authority similar to judges, but in practice they deferred to judges and did not exercise an independent jury-like function.
The law gives most suspects the right to seek legal counsel shortly after their initial detention and interrogation, although police often circumvented defendants' right to seek counsel. Individuals who faced administrative detention do not have the right to seek legal counsel.
The government expanded the scope of legal aid and required authorities to notify criminal defendants of their right to apply for legal aid. Both criminal and administrative cases remained eligible for legal aid, although 70 percent or more of criminal defendants still went to trial without a lawyer. According to the Ministry of Justice, during the first half of the year legal aid was granted in 124,800 cases. The number of government lawyers providing legal aid remained inadequate to meet demand. Nonattorney legal advisors and government employees provided the only legal aid options in many areas. According to government statistics, more than 10,000 employees provided legal aid at 3,155 legal aid centers. New regulations required law firms and private attorneys to provide some legal aid. During 2005 courts waived more than $158 million (RMB 1.27 billion) in litigation costs.
Government-employed lawyers often refused to represent defendants in politically sensitive cases and defendants frequently found it difficult to find an attorney. When defendants were able to retain counsel in politically sensitive cases, government officials sometimes prevented effective representation of counsel. From June to August, local authorities obstructed lawyers' efforts to prepare Chen Guangcheng's defense and detained Chen's lawyers the night before his trial. During the trial, court-appointed defense counsel conceded much of the case against Chen (see section 1.d.). After the initial trial, officials obstructed Chen's lawyers' efforts to investigate and develop their case. In some sensitive cases, lawyers had no pretrial access to their clients, and defendants and lawyers were not allowed to speak during trials. In practice criminal defendants often were not assigned an attorney until a case was brought to court. For example, officials detained prominent rights attorney Gao Zhisheng on August 15 on "suspicion of involvement in criminal activity" and subsequently deprived Gao of his right to counsel by obstructing efforts to formalize Gao's representation. Officials later claimed that Gao declined representation by counsel. Even in nonsensitive criminal trials, only one of seven defendants had legal representation, according to credible reports.
The mechanism that allows defendants to confront their accusers was inadequate; according to one expert, only 1 to 5 percent of trials involved witnesses. In most criminal trials prosecutors read witness statements, which neither the defendant nor his lawyer have an opportunity to question. Approximately 95 percent of witnesses in criminal cases did not appear in court to testify, in part due to hardship or fear of reprisals. Although criminal procedure law says pretrial witness statements cannot serve as the sole basis for conviction, officials relied heavily on such statements to support their cases. Defense attorneys had no authority to compel witnesses to testify or to mandate discovery, although they could apply for access to government-held evidence relevant to their case. In practice, pretrial access to information was minimal, and the defense often lacked adequate opportunity to prepare for trial.
The criminal justice system was biased toward a presumption of guilt, especially in high-profile or politically sensitive cases. The conviction rate for first-instance criminal cases rose slightly and remained above 99 percent in 2005. In many politically sensitive trials, which rarely lasted more than several hours, the courts handed down guilty verdicts immediately following proceedings. Courts often punished defendants who refused to acknowledge guilt with harsher sentences than those who confessed. There was an appeals process, but appeals rarely resulted in reversed verdicts. Appeals processes failed to provide sufficient avenue for review, and there were inadequate remedies for violations of defendants' rights. Nationwide, appeals resulted in changed verdicts in only 0.36 percent of all cases, including capital cases.
SPC regulations require all trials to be open to the public, with certain exceptions, such as cases involving state secrets, privacy, and minors. Authorities used the legal exception for cases involving state secrets to keep politically sensitive proceedings closed to the public and sometimes even to family members, and to improperly withhold access to defense counsel. Under the regulations, foreigners with valid identification are allowed the same access to trials as citizens, but in practice foreigners were permitted to attend court proceedings by invitation only. As in past years, foreign diplomats and journalists sought permission to attend a number of trials only to have court officials reclassify them as "state secret" cases, fill all available seats with security officials, or otherwise close them to the public. Some trials were broadcast, and court proceedings were a regular television feature. A few courts published their verdicts on the Internet.
There was no adversary system, no presumption of innocence, and judges and prosecutors typically used an inquisitorial style to question the defendant, who was often the only witness. The law affords no right to remain silent, no protection against double jeopardy, and no rules governing the type of evidence that may be introduced.
Police and prosecutorial officials often ignored the due process provisions of the law. The lack of due process was particularly egregious in death penalty cases. There were at least 68 capital offenses, including nonviolent financial crimes such as counterfeiting currency, embezzlement, and corruption. Executions were often carried out on the date of conviction. In February the Guangdong High Court announced that the death penalty could be applied in bag-snatching cases. Previously, the maximum sentence was three years.
Following reports of wrongful murder convictions in 2005, the SPC made reform of the death penalty review process a top priority. During the year the SPC began implementing new appellate procedures for hearing death penalty cases, in an effort to reclaim the death penalty review power from provincial courts. The SPC added three new tribunals to handle the death penalty review function and some provincial-level high courts began conducting hearings in death penalty cases. The government also strengthened institutions, including legal aid centers, to assist citizens with legal claims.
The government regarded the number of executions a state secret. Minors and pregnant women expressly were exempt from the death sentence, although in the past the government executed a few criminals who were under age 18 at the time they committed an offense.
Courts lacked the independence and authority to rule on the constitutionality of laws. The law permits organizations or individuals to question laws and regulations they believe contradict the constitution, but a constitutional challenge first requires consultation with the body drafting the questioned regulation and can only be appealed to the NPC. Accordingly, lawyers had little or no opportunity to use the constitution in litigation.
Political Prisoners and Detainees
Government officials continued to deny holding any political prisoners, asserting that authorities detained persons not for their political or religious views, but because they violated the law; however, the authorities continued to confine citizens for reasons related to politics and religion. Tens of thousands of political prisoners remained incarcerated, some in prisons and others in reeducation-through-labor camps or administrative detention. The government did not grant international humanitarian organizations access to political prisoners.
Western NGOs estimated that approximately 500 persons remained in prison for the repealed crime of "counterrevolution," and thousands of others were serving sentences under the state security law, which authorities stated covers crimes similar to counterrevolution. Persons who continued to be detained for counterrevolutionary offenses included labor activist Hu Shigen; Inner Mongolian activist Hada; and dissidents Yu Dongyue, Zhang Jingsheng, and Sun Xiongying. Foreign governments urged the government to review the cases of those charged before 1997 with counterrevolution and to release those who had been jailed for nonviolent offenses under provisions of the Criminal Law, which were eliminated when the law was revised. To date, no such review has occurred. The government maintained that counterrevolutionary prisoners were eligible for parole and early release on an equal basis with other prisoners but provided no evidence to support this assertion.
Amnesty International has identified by name more than 80 persons who remained imprisoned or on medical parole for their participation in the 1989 Tiananmen demonstrations; other NGOs estimated that as many as 200 persons remained in prison for political activities connected to the demonstrations.
Many political prisoners remained in prison or under other forms of detention during the year, including journalists Zhao Yan, Shi Tao, and Jiang Weiping; Internet writers Yang Zili and Xu Wei; labor activist Yao Fuxin; China Democracy Party cofounder Qin Yongmin; political dissident Yang Jianli; family planning whistleblower Chen Guangcheng; Su Zhimin and other underground Catholic bishops; house Christian activists Zhang Rongliang, Cai Zhuohua, and Liu Fenggang; Uighurs Tohti Tunyaz and Dilkex Tilivaldi; Tibetans Jigme Gyatso, Tenzin Deleg, and Gendun Choekyi Nyima; and Inner Mongolian cultural activist Hada. Political prisoners obtained parole and sentence reduction much less frequently than ordinary prisoners.
Criminal punishments included "deprivation of political rights" for a fixed period after release from prison, during which the individual is denied the already limited rights of free speech and association granted to other citizens. Former prisoners sometimes found their status in society, ability to find employment, freedom to travel, and access to residence permits and social services severely restricted. Former political prisoners and their families frequently were subjected to police surveillance, telephone wiretaps, searches, and other forms of harassment, and some encountered difficulty in obtaining or keeping employment and housing (see section 1.f.).
Civil Judicial Procedures and Remedies
Courts deciding civil matters suffer from internal and external limitations on judicial independence. The State Compensation Law provides administrative and judicial remedies for deprivations of criminal rights, such as wrongful arrest or conviction, extortion of confession by torture, or unlawful use of force resulting in bodily injury. In civil matters, prevailing parties often find it difficult to enforce court orders, and resistance to the enforcement sometimes extends to forcible resistance to court police.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The law states that the "freedom and privacy of correspondence of citizens are protected by law"; however, the authorities often did not respect the privacy of citizens in practice. Although the law requires warrants before law enforcement officials can search premises, this provision frequently was ignored; moreover, the PSB and prosecutors could issue search warrants on their own authority without judicial consent, review, or consideration. Cases of forced entry by police officers continued to be reported.
During the year authorities monitored telephone conversations, facsimile transmissions, e-mail, text messaging, and Internet communications. Authorities also opened and censored domestic and international mail. The security services routinely monitored and entered residences and offices to gain access to computers, telephones, and fax machines. All major hotels had a sizable internal security presence, and hotel guestrooms were sometimes bugged and searched for sensitive or proprietary materials.
Some citizens were under heavy surveillance and routinely had their telephone calls monitored or telephone service disrupted. The authorities frequently warned dissidents and activists, underground religious figures, former political prisoners, and others whom the government considered to be troublemakers not to meet with foreigners. During the year police ordered many such citizens not to meet with foreign journalists or diplomats, especially before sensitive anniversaries, at the time of important government or party meetings, and during the visits of high-level foreign officials. Security personnel also harassed and detained the family members of political prisoners, including following them to meetings with foreign reporters and diplomats and urging them to remain silent about the cases of their relatives. In 2005 family members of prisoners were discouraged or prevented from meeting with the UN special rapporteur on torture.
Forced relocation because of urban development continued, and in some locations, increased during the year. Protests over relocation terms or compensation, some of which included thousands of participants, were common, and some protest leaders were prosecuted during the year (see sections 2.b. and 3). Many evictions in Beijing were linked to construction for the 2008 Olympics. In rural areas, relocation for major state projects, such as dams, and for commercial development resulted in the forced relocation of millions of persons.
The country's birth planning policies retained harshly coercive elements in law and practice. The laws restrict the rights of families to choose the number of children they have and the period of time between births. The penalties for violating the law are strict, leaving some women little choice but to abort pregnancies. In addition, implementation of the policy by local officials resulted in serious violations of human rights. Reports of forced sterilizations and abortions, in violation of the national law, continued to be documented in rural areas. During the year officials in Chongqing municipality and in Fujian Province reportedly forcibly sterilized women. In June Western media reported that a woman fell to her death while fleeing Anhui authorities who were trying to force her to abort twins.
The law standardizes the implementation of the government's birth limitation policies; however, enforcement varied significantly from place to place. The law grants married couples the right to have one birth and allows eligible couples to apply for permission to have a second child if they meet conditions stipulated in local and provincial regulations. Many provincial regulations require women to wait four years or more after their first birth before making such an application. According to the UN Population Fund (UNFPA), the spacing requirement was removed in eight and relaxed in 10 of 30 counties across 30 provinces participating in UNFPA's "Fifth Country Program." The law requires couples that have an unapproved child to pay a "social compensation fee," which sometimes reached 10 times a person's annual disposable income, and grants preferential treatment to couples who abide by the birth limits. Although the law states that officials should not violate citizens' rights, these rights, as well as penalties for violating them, are not clearly defined. The law provides significant and detailed sanctions for officials who help persons evade the birth limitations.
Social compensation fees are set and assessed at the local level. The law requires family planning officials to obtain court approval before taking "forcible" action, such as detaining family members or confiscating and destroying property of families who refuse to pay social compensation fees. However, in practice this requirement was not always followed.
The one-child limit was more strictly applied in the cities, where only couples meeting certain conditions (e.g., both parents are only children) were permitted to have a second child. In most rural areas (including towns of under 200,000 persons), which included approximately 60 percent of the country's population, the policy was more relaxed, generally allowing couples to have a second child if the first was a girl or had a disability. Central government policy formally prohibits the use of physical coercion to compel persons to submit to abortion or sterilization, although reports of physical coercion to meet birth targets continued.
Provinces were responsible for implementation of the regulations. All provincial-level governments except the Tibet Autonomous Region (TAR) amended their regulations to conform to the new law. For example, Anhui Province passed a law permitting 13 categories of couples, including coal miners, some remarried divorcees, and some farm couples, to have a second child. Ethnic minorities like the Uighurs and the Tibetans are also allowed more than one child.
Seven provinces--Anhui, Hebei, Heilongjiang, Hubei, Hunan, Jilin, and Ningxia--require "termination of pregnancy" if the pregnancy violates provincial family planning regulations. An additional 10 provinces--Fujian, Guizhou, Guangdong, Gansu, Jiangxi, Qinghai, Sichuan, Shanxi, Shaanxi, and Yunnan--require unspecified "remedial measures" to deal with out-of-plan pregnancies.
In order to delay childbearing, the law sets the minimum marriage age for women at 20 years and for men at 22 years. It continued to be illegal in almost all provinces for a single woman to have a child. Social compensation fees were levied on unwed mothers.
The country's population control policy relied on education, propaganda, and economic incentives, as well as on more coercive measures such as the threat of job loss or demotion and social compensation fees. Psychological and economic pressures were common. According to provincial regulations, the fees ranged from one-half to 10 times the average worker's annual disposable income. Those who violated the child limit policy by having an unapproved child or helping another to do so faced disciplinary measures such as job loss or demotion, loss of promotion opportunity, expulsion from the party (membership in which was an unofficial requirement for certain jobs), and other administrative punishments, including in some cases the destruction of property. In the case of families that already had two children, one parent was often pressured to undergo sterilization. These penalties sometimes left women with little practical choice but to undergo abortion or sterilization. There were several rewards for couples who adhered to birth limitation laws and policies, including monthly stipends and preferential medical and educational benefits. The National Population and Family Planning Commission (NPFPC) expanded a number of programs to encourage smaller families. For example, new pension benefits were made available nationwide for those who adhered to birth limitation laws.
The law states that family planning bureaus will conduct pregnancy tests on married women and provide them with unspecified "follow-up" services. Some provinces fine women who do not undergo periodic pregnancy tests. For example, in Hebei fines ranges from $25 to $62.50 (RMB 200 to 500) and in Henan from $6 to $62.50 (RMB 50 to 500).
Officials at all levels remained subject to rewards or penalties based on meeting the population goals set by their administrative region. Promotions for local officials still depended in part on meeting population targets. There continued to be sporadic reports of violations of citizens' rights by local officials attempting to reduce the number of births in their region. The most egregious reports occurred in 2005 in Linyi, Shandong Province. International press reports alleged that local official detained some 130,000 persons and forced them to submit to abortions or sterilization procedures. At least 7,000 persons were forcibly sterilized. Local officials profited from this illegal system by charging detention fees. Local rights activists documented several cases of forced late-term abortions.
According to law, citizens may sue officials who exceed their authority in implementing birth-planning policy. However, local officials retaliated with impunity against whistleblower Chen Guangcheng for his work in exposing the Linyi family planning abuses. In August Chen was sentenced to four years' and three months' imprisonment on dubious charges of obstructing traffic and damaging public property (see section 1.e.).
Laws and regulations forbid the termination of pregnancies based on the sex of the fetus, but because of the intersection of birth limitations with the traditional preference for male children, particularly in rural areas, many families used ultrasound technology to identify female fetuses and terminate these pregnancies (see section 5). The male-female birth ratio for first births was 118.58 to 100 (compared with norms of between 103 and 107 to 100), and in some parts of the country, the ratio was even more skewed. For second births, the national ratio was 152 to 100. While the NPFPC continued to deny a direct connection between family planning and skewed sex ratios at birth, it promoted expanded programs to raise awareness of the sex ratio imbalance and to improve protection of the rights of girls.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law provides for freedom of speech and of the press, although the government generally did not respect these rights in practice. The government interpreted the CCP's "leading role," as mandated in the constitution, as superseding and circumscribing these rights. The government continued to threaten, arrest, and imprison many individuals for exercising rights to free expression. Internet essayists and journalists in particular were targeted. Hunan writer Shi Tao, New York Times employee Zhao Yan, and Hong Kong-based journalist for the Singapore's Straits Times Ching Cheong remained in prison. In November Ching Cheong, who was tried in a closed hearing in August, had his appeal denied by the Beijing High People's Court. On December 19, Lu Jianhua, a former media commentator and researcher at a top state-run academic institution, was sentenced in closed proceedings to 20 years' imprisonment. Lu, who was originally detained in December 2005, was found guilty of leaking state secrets in August. The government continued to control print, broadcast, and electronic media tightly and used them to propagate government views and CCP ideology. Such controls tightened during the year, and it was increasingly difficult to express views that differed from the official line on the Internet, through broadcast media, and in print. Media outlets received regular guidance from the Central Propaganda Department, which listed topics that should not be covered, including politically sensitive topics. All media employees were under explicit orders to follow CCP directives and guide public opinion. These measures greatly restricted the freedom of journalists and Internet writers to report the news and led to a high degree of self-censorship.
So long as the speaker did not publish views that challenged the Communist Party or disseminate such views to overseas audiences, the range of permissible topics for private speech continued to grow. Political topics could be discussed privately and in small groups without punishment, and minor criticisms of the government were common topics of daily speech. However, public speeches, academic discussions, and speeches at meetings or in public forums covered by the media remained circumscribed. Those who aired views that disagreed with the government's position on controversial topics risked punishment ranging from disciplinary action at government work units to police interrogation and detention. These restrictions and more formal restrictions on freedom of the press and academic freedom had a chilling effect on freedom of speech.
Some citizens continued to speak out and publish on controversial topics, despite the government's restrictions. For example, in January Guangzhou Professor Yuan Weishi wrote an article in Freezing Point, a popular investigative segment in the China Youth Daily newspaper, calling for a reassessment of sensitive historical points, resulting in a six-week suspension of the publication
Journalists who reported on topics that met with the government's or local authorities' disapproval continued to suffer harassment, detention, and imprisonment.
Yang Xiaoqing, a reporter for the Beijing-based China Industrial Economy News, was detained in January, charged with blackmail and extortion in February and sentenced in June to one year in prison. Yang reported for the newspaper on alleged corruption among county officials in Hunan Province. Other journalists who remained in prison included Huang Jinqiu, Li Changqing, Yu Huafeng, Li Minying, Cheng Yizhong, Yang Xiaoqing, and Shi Tao. International NGOs reported that at year's end 32 journalists and 50 cyberdissidents remained in prison.
Detention of journalists and Chinese employees working for foreign media outlets increased concern that the government was attempting to intimidate foreign correspondents and newspapers. In August the Beijing Intermediate Court sentenced Hong Kong-born journalist Cheng Xiang (more commonly known as Ching Cheong) of the Singapore Straits Times to five years in prison for espionage. NGOs reported he was detained while researching a story about former leader Zhao Ziyang, while the government claimed he accepted money from overseas intelligence groups. New York Times employee Zhao Yan was sentenced in August to three years in prison for fraud after a Beijing court unexpectedly dismissed charges of divulging state secrets, which could have carried a 10-year sentence. Zhao maintained his innocence, and his lawyer criticized the courts for not allowing Zhao to testify, call on witnesses, or present evidence to the court.
In addition, to criminal prosecution of writers, some government officials used civil lawsuits and other punishments to intimidate authors and block controversial writings. On October 25, writer Li Jianping was sentenced to two years' imprisonment on the charges of "incitement to subvert state power." In April 2005 Li was detained in Zibo, Shandong Province, for posting articles critical of the CCP on foreign Web sites. No verdict has issued from the August 2004 libel trial of Anhui Province authors Chen Guidi and Wu Chuntao over their book China Peasant Survey (Nongmin Diaocha). The book, a best seller until it was banned, described abuse and extortion of farmers by local officials, one of whom sued the authors and their publishing house for libel.
The government continued to close publications and punish journalists for printing material deemed too sensitive. In January the propaganda department suspended publication of Freezing Point. A January 11 Freezing Point essay by Zhongshan University professor Yuan Weishi questioning key historical events recounted in school textbooks drew the attention of the censors. In March, following the removal of Freezing Point's editor-in-chief Li Datong and deputy editor Lu Yuegang, the publication reappeared with a lengthy refutation of Yuan's January essay. In February Chen Jieren, editor of the Public Interest Times, was reportedly fired for publishing articles revealing financial misconduct among local officials in Shaanxi Province. Also in February, Li Yuanlong, a reporter for the Bijie Daily in Guizhou Province, was charged with "inciting to subvert state power," and in July he was sentenced to two years' imprisonment. Li was reportedly arrested in September 2005 for posting articles on the Internet about harsh living conditions in rural Guizhou.
Newspapers could not report on corruption without government and party approval, although authorities approved reports regarding some high-profile cases. In September, when Shanghai party secretary Chen Liangyu was dismissed from office, the Propaganda Department issued strict guidelines forbidding unsanctioned commentary and ordering all publications only to print Xinhua News Service reports. Publishers printed original material at their own risk. During the year journalists and editors who exposed corruption scandals frequently faced problems with the authorities.
Propaganda authorities also restricted reporting about public protests (see section 2.c.). Authorities also continued to block reporting and prevented journalists from covering violent protests, including student protests in June in Henan Province, where graduates rioted after learning their university reneged on a pledge to list a more prestigious school on their diplomas.
Officials continued to censor and ban some reporting on labor, health, and environmental crises.
Transparency in the health sector improved compared with the government's cover up of the initial Severe Acute Respiratory Syndrome (SARS) outbreak in 2003. Central government officials pledged to promptly report cases of avian influenza but acknowledged that local authorities did not do so in some cases. International observers acknowledged that transparency had improved with regard to avian influenza but expressed concern about delays in reporting some human and animal cases. Hong Kong media reported that the Guangzhou Bureau of Health told hospitals to submit detailed interview outlines and questions for approval two days before any media interview. Some academics were unable to publish results of independent research into contagious disease cases.
In 2005 the government banned dozens of newspapers and confiscated almost one million "illegal" political publications. There were a few privately funded print publications but no privately owned television or radio stations or Internet portals. The censorship process for private and government media increasingly relied on self-censorship and, in a few cases, post-publication sanctions. Nonetheless, the Central Propaganda Department continued to list areas that were off limits to media, and the government maintained authority to approve all programming.
By law, only government-approved publishing houses were permitted to print books. The State Press and Publications Administration (PPA) controlled all licenses to publish. No newspaper, periodical, book, audio, video, or electronic publication may be printed or distributed without the PPA and relevant provincial publishing authorities' approval of both the printer and distributor. Individuals who attempted to publish without government approval faced imprisonment, fines, confiscation of their books, and other sanctions. The CCP exerted control over the publishing industry by preemptively classifying certain topics as off limits; selectively rewarding with promotions and perks those publishers, editors, and writers who adhered to CCP guidelines; and punishing with administrative sanctions and blacklisting those who did not. Underground printing houses were targets of periodic campaigns to stop all illegal publications, including pornography and pirated computer software and audiovisual products.
Many intellectuals and scholars exercised self-censorship, anticipating that books or papers on political topics would be deemed too sensitive to be published. Overt intervention by the PPA and the Central Propaganda Department, which provides editorial guidelines for all media, usually occurred after publication.
In past years officials reportedly destroyed Uighur books on the grounds that Uighur groups used art and literature to distort historical fact and advocate ethnic separatism. Uighur writers and editors, including the editor of the Kashgar Literature Journal Korash Huseyin, were jailed in 2005 for publishing stories that authorities maintained advocated separatism (see section 5). Authorities continued to ban books containing content they deemed controversial. Among the most notable was Serve the People, a sexually explicit novel that officials said debased Chairman Mao's image and Notes on Party History, which exposed historical incidents that were reportedly embellished or fabricated by the CCP.
The authorities continued to jam, with varying degrees of success, Chinese-, Uighur-, and Tibetan-language broadcasts of the Voice of America (VOA), Radio Free Asia (RFA) and the BBC. English-language broadcasts on VOA generally were not jammed. Government jamming of RFA and BBC appeared to be more frequent and effective. Internet distribution of "streaming radio" news from these sources often was blocked. Despite jamming overseas broadcasts, VOA, BBC, RFA, and Radio France International had a large audience, including rights advocates, ordinary citizens, and government officials.
Television broadcasts of foreign news, largely restricted to hotels and foreign residence compounds, were occasionally subject to censorship. Politically sensitive coverage in Chinese, and to a lesser extent in English, was censored more than coverage in other languages. "Public service announcements" frequently interrupted news items critical of the government, particularly in the south, where television programming from Hong Kong was available.
The government prohibited some foreign and domestic films from appearing in the country. In September the State Administration for Radio, Film and Television (SARFT) imposed a five-year filmmaking ban on director Lou Ye. SARFT banned Lou from showing his film Summer Palace, which is set during the 1989 Tiananmen protests, because he failed to obtain proper authorization. In February authorities detained filmmaker and foreign resident Wu Hao after Wu arranged an interview with rights attorney Gao Zhisheng. Wu, who was filming a documentary about unregistered churches, was released in July. Earlier in the year, SARFT banned distribution and screening of Mission Impossible III, on grounds that it depicted Shanghai in an unflattering light. Other foreign films banned during the year included Brokeback Mountain, based on its depiction of homosexuality and Memoirs of a Geisha, due to the controversy over ethnic Chinese actors playing Japanese characters.
Visas to enter the country were sometimes denied for political reasons. For example, some foreign academics and journalists critical of the country continued to be denied visas. Others who intended to discuss human rights or rule of law issues also were denied visas. Representatives of some international human rights organizations reported that authorities denied their visa requests or restricted the length of visas issued to them (see section 4).
Internet Freedom
At year's end the China Internet Network Information Center reported that the number of Internet users jumped to 140 million, the majority of which had broadband access to the Internet. While the government continued to encourage expanded use of the Internet, it also took steps to monitor its use, control content, restrict information, and punished those who violated regulations. New restrictions aimed at increasing government control over the Internet included stricter Web site registration requirements, enhanced official control of online content, and an expanded definition of illegal online content.
The country's Internet control system reportedly employed tens of thousands of persons. The government consistently blocked access to sites it deemed controversial, such as sites discussing Taiwan and Tibetan independence, underground religious and spiritual organizations, democracy activists, and the 1989 Tiananmen massacre. The government also at times blocked access to selected sites operated by major foreign news outlets, health organizations, and educational institutions.
The number of blocked sites appeared to increase around major political events and sensitive dates. The authorities reportedly began to employ more sophisticated technology enabling the selective blocking of specific content rather than entire Web sites. Such technology was also used to block e-mails containing sensitive content (see section 1.f.). The government generally did not prosecute citizens who received dissident e mail publications but detained individuals who forwarded such messages. Individuals using the Internet in public libraries were required to register using their national identity card. Internet usage reportedly was monitored at all terminals in public libraries.
The Ministry of Information Industry regulated access to the Internet while the Ministries of Public and State Security monitored its use. Regulations prohibit a broad range of activities that authorities interpret as subversive or slanderous to the state, including the dissemination of information that harms national unity or endangers national security. Promoting "evil cults" was banned, as was providing information that "disturbs social order or undermines social stability." Internet service providers (ISPs) were instructed to use only domestic media news postings, to record information useful for tracking users and their viewing habits, to install software capable of copying e-mails, and to end immediately transmission of so-called subversive material. Many ISPs practiced extensive self-censorship to avoid violating broadly worded regulations.
In January several individuals were detained or imprisoned for their Internet writing during the year. Former Fuzhou Daily journalist and Internet essayist Li Changqing was sentenced to three years in prison for "spreading alarmist information." His Internet articles supported jailed corruption whistleblower Huang Jingao. On March 17, Ren Zhiyuan was sentenced to 10 years' imprisonment for "subversion of state power" for an Internet article holding that persons may rightfully overthrow tyranny through violent means. Ren was also suspected of planning to organize an opposition group called the "Mainland Democratic Front." On May 17, Internet essayist Yang Tongyan (more commonly known as Yang Tianshui) was sentenced to 12 years in prison for posting on overseas Web sites articles calling for the release of Chinese dissidents. Also in May, Internet author Guo Qizhen, who was preparing to join a hunger strike to support lawyer Gao Zhisheng and others, was detained for posting essays on a Web site supporting human rights. On October 9, Guo was sentenced to four years' imprisonment and three years' deprivation of political rights on the charge of "inciting subversion of state power." On October 12, Internet writer Zhang Jianhong was arrested and charged with "inciting subversion of state power." The police took Zhang into custody on September 6, removed disk drives and a telephone book from his house, and questioned his wife about articles he posted on Web sites. On August 12, Zan Aizong, chief correspondent of the Hangzhou Bureau of the Beijing-based China Ocean News, was detained for publishing an Internet piece criticizing the demolition of a nearby church. Zan was released on August 18, but was promptly fired. In August Deng Yongliang, another Internet essayist, was detained in Shandong Province, where he had traveled to cover the trial of legal activist Chen Guangcheng. Authorities released Deng in September but confiscated his computer hard drive and mobile telephone.
During the year the government continued its efforts to get companies to sign a "Public Pledge on Self Discipline for China's Internet Industry." Several hundred companies signed the pledge, including popular Chinese Internet companies like Sina.com and Sohu.com and Yahoo's local partner Alibaba.com. Those who signed the pledge agreed not to spread information that "breaks laws or spreads superstition or obscenity." They also promised to refrain from "producing, posting, or disseminating pernicious information that may jeopardize state security and disrupt social stability." According to court documents, Yahoo provided information to security authorities, including access to private e-mail accounts, used in the prosecution of journalist Shi Tao for leaking state secrets. The company said it was required to provide the information under national law and customs.
On April 9, 14 major Internet portals, including Sina.com, Sohu.com, Baidu.com and Yahoo's Chinese Web site issued a joint proposal calling for the Internet industry to censor indecent and harmful information, spread the ideas of Hu Jintao, encourage "passionate love of the motherland," and accept government supervision. Chinese search engines such as Baidu.com and the China-based search engines of Yahoo!, MSN and Google filtered search results, including those relating to the Voice of America, Radio Free Asia, and human rights.
Official statistics showed that as of July, authorities shut down approximately 700 online forums. In June authorities shut down Sina.com and Sohu.com for several days to allow the popular Internet portals to upgrade their filtering capabilities after censors found that the portals failed to filter certain key words deemed politically harmful. In July the Beijing Communications Administration shut down the Century China Web site, a popular online forum for discussing current affairs and historical issues, and several other sites. In August authorities shut down China Consultation Net after the site published results of a poll asking visitors whether the general secretary of the Communist Party should be elected from among candidates competing for the position.
Internet cafes must install software that allows government officials to monitor customers' Internet usage. Internet users at cafes were often subject to surveillance. Many cafes sporadically enforced regulations requiring patrons to provide identification.
Academic Freedom and Cultural Events
The government did not respect academic freedom and increased controls on political and social discourse at colleges, universities, and research institutes. Scholars and researchers reported varying degrees of control regarding issues they could examine and conclusions they could draw. Law professors were warned not to propose abolition of the reeducation-through-labor system. Scholar Xu Zerong received a nine-month sentence reduction in September, but he remained in prison. Scholars studying religion reported that the official Protestant church blocked some publications it found objectionable. Authorities canceled university conferences involving foreign and domestic academics on short notice when they deemed the topics at issue to be too sensitive.
The government continued to use political attitudes as criteria for selecting persons for the few government-sponsored study abroad programs but did not impose such restrictions on privately sponsored students. In August Independent Chinese Pen Center (ICPC) member Wu Wei was reportedly stopped at the Hong Kong border while on his way to attend the ICPC's annual meeting (see section 2.d.).
Researchers residing abroad also were subject to sanctions from the authorities when their work did not meet with official approval.
b. Freedom of Peaceful Assembly and Association
The law provides for freedom of peaceful assembly; however, the government severely restricted this right in practice. The law stipulates that such activities may not challenge "party leadership" or infringe upon the "interests of the state." Protests against the political system or national leaders were prohibited. Authorities denied permits and quickly suppressed demonstrations involving expression of dissenting political views.
Freedom of Assembly
At times police used excessive force against demonstrators. Demonstrations with political or social themes were often broken up quickly and violently. Widespread market reforms and rapid growth have resulted in increased social unrest, with large-scale public disturbances on the rise for more than a decade. As in past years, the vast majority of demonstrations during the year concerned land disputes, housing issues, industrial, environmental, and labor matters, government corruption, taxation, and other economic and social concerns. During the first half of the year, public security authorities reported 39,000 "public order disturbances," a 2.5 percent decrease from the same period in 2005, although these statistics were widely viewed as unreliable. While the scale of disturbances and incidents varied, some included thousands of participants. In April, for example, up to 3,000 riot police used tear gas and water cannons to disperse 4,000 villagers gathered to protest destruction of an unauthorized, farmer-initiated irrigation project in Bomei Village, Guangdong Province. Land protests involving hundreds or thousands of protesters also continued (see section 1.a.). In January one villager died and as many as 100 were injured when police disrupted 3,000 residents at a sit-in convened over a land dispute in Zhongshan City, Guangdong Province. In April more than 50 villagers were injured when 1,000 riot police confronted 2,000 villagers peacefully protesting a land dispute near Guangdong Province's Foshan City.
Authorities detained potential protesters before the June 4 anniversary of the Tiananmen massacre, the first anniversary of Zhao Ziyang's death in January, and the March plenary sessions of the NPC and CPPCC. Dissidents were detained around the time of other sensitive events to head off public demonstrations (see section 1.d.). Labor protests over restructuring of state-owned enterprises and resulting unemployment continued, as did protests over environmental degradation and major infrastructure projects, such as dams. All concerts, sports events, exercise classes, or other meetings of more than 200 persons required approval from public security authorities. In practice much smaller gatherings also ran the risk of being disrupted by authorities. Unlike previous years, there were no sizable incidents of anti-Japanese protests.
The government continued to wage a severe campaign against the Falun Gong movement. Falun Gong practitioners were subject to close scrutiny by local security personnel, and their personal mobility was tightly restricted, particularly at times when the government believed public protests were likely.
Persons petitioning the government continued to face restrictions on their rights to assemble and raise grievances. Official news media reported that citizens presented 12.7 million petitions to "letters and visits" offices in 2005, but only 0.2 percent of petitions filed received a response. Most petitions mentioned grievances about land, housing, entitlements, the environment, or corruption. Petitioners largely sought to present their complaints at national and provincial "letters and visits" offices but also targeted foreign embassies and media to bring attention to their complaints.
Petitioners continued to face harassment, detention, and incarceration. Petitioners in Liaoning and other provinces reported being accosted by plainclothes police and brought back to their homes before they could register their petitions in the capital. In June Fu Xiancai, who petitioned the government for compensation on behalf of 1.3 million persons forcibly relocated from their land due to the Three Gorges Dam project, was paralyzed from the neck down as a result of a beating he received at the hands of unidentified assailants.
Although regulations implemented in 2005 banned retaliation against petitioners, reports of retaliation continued. This was partly due to incentives provided to local officials by the central government to prevent petitioners in their regions from raising complaints to higher levels. Incentives included provincial cadre evaluations based in part on the number of petitions from their provinces. This initiative aimed to encourage local and provincial officials to resolve legitimate complaints but also resulted in local officials sending security personnel to Beijing and forcibly returning the petitioners to their home provinces. Such detentions occurred both before and after the enactment of the new regulations and often went unrecorded.
Freedom of Association
The law provides for freedom of association, but the government restricted this right in practice. CCP policy and government regulations require that all professional, social, and economic organizations officially register with, and be approved by, the government. In practice these regulations prevented the formation of truly autonomous political, human rights, religious, spiritual, labor, and other organizations that might challenge government authority. Implementation of these regulations tightened during the year (see section 2.a.).
Authorities established a task force in 2005 to increase scrutiny over NGOs, especially those with links overseas. Published reports said the task force was part of a campaign initiated in response to the "color revolutions" in former Soviet republics and aimed to block NGOs from fomenting political change. Security ministries participated in this task force and questioned representatives of domestic and international NGOs about their activities. International foundations, NGOs involved in social and charitable activities, and groups dedicated to combating discrimination against women, persons with disabilities, and minorities were targets of the campaign, along with organizations that focused on human rights issues.
Since 2004 according to official statistics, the number of registered NGOs increased from 288,936 to 317,000. NGOs were required to register with the government. To register, an NGO must find a government agency to serve as the NGO's organizational sponsor, have a registered office, and hold a minimum amount of funds. Organizations with social or educational purposes that had previously been registered as private or for-profit businesses reportedly were requested to find a government sponsor and reregister as NGOs during the year (see section 4). Experts estimated that, including both registered and unregistered groups, there were perhaps as many as eight million quasi-governmental organizations and NGOs.
Authorities supported the growth of some civil society organizations that address social problems such as poverty and HIV/AIDS. Over the past two years, officials increased measures aimed at supervising and controlling civil society organizations; however, various NGOs were still able to develop their own agendas, although the registered organizations all came under some degree of government control. Prominent activist Hu Jia resigned from an organization he helped establish to assist HIV/AIDS orphans, citing pressure on the organization's international donors. On November 24, HIV/AIDS activist Wan Yanhai was detained for three days in Beijing. Wan was forced to cancel an HIV/AIDS rights related workshop planned for November 26. Officials reportedly were concerned because workshop attendees included human rights lawyers (see section 5). A number of NGOs had support from foreign secular and religious NGOs, and several were able to undertake limited advocacy roles in public interest areas like women's issues, the environment, health, and consumer rights. According to government guidelines, NGOs must not advocate nonparty rule, damage national unity, or upset ethnic harmony. Groups that disregarded guidelines and unregistered groups that continued to operate could face administrative punishment or criminal charges.
No laws or regulations specifically govern the formation of political parties. But the CDP remained banned, and the government continued to monitor, detain, and imprison current and former CDP members (see section 3). As in past years, individuals were charged with and convicted of "disclosing state secrets" after passing information to human rights NGOs based abroad (see section 4).
c. Freedom of Religion
The constitution and laws provide for freedom of religious belief and the freedom not to believe. However, the government sought to restrict religious practice to government-sanctioned organizations and registered places of worship and to control the growth and scope of the activity of religious groups. The government recognized five main religions: Buddhism, Taoism, Islam, Protestantism, and Catholicism. A government-affiliated association monitored and supervised the activities of each of these faiths. Membership in these faiths as well as unregistered religious groups grew rapidly. The government tried to control and regulate religious groups, especially groups that were unregistered.
The extent of religious freedom continued to vary widely within the country. Freedom to participate in officially sanctioned religious activity continued to increase in most areas. Religious activity grew not only among the five main religions, but also among the Eastern Orthodox Church and folk religions. Bibles and other religious texts were available in most parts of the country. At the same time, some unregistered groups continued to experience varying degrees of official interference and harassment. Crackdowns against unregistered Protestants and Catholics, Muslims, and Tibetan Buddhists (see Tibet Addendum) continued. The government continued its repression of groups that it determined to be "cults" and of the Falun Gong spiritual movement in particular.
All religious venues were required to register with the State Administration for Religious Affairs (SARA) or its provincial or local offices (known as Religious Affairs Bureaus (RABs). SARA and the RABs were responsible for monitoring and judging whether religious activity was "normal" and therefore lawful. SARA and the CCP's united front work department provided policy guidance and supervision over implementation of government regulations on religious activity.
New regulations governing religious affairs, which came into effect in March 2005, delineated regulatory activities governing religious affairs and consolidated official pronouncements within a legal framework. However, the regulations provide general protection only for freedom of "religious belief," and not for expressions of belief. The regulations protect only those religious beliefs categorized vaguely as "normal." In practice, party doctrine guides resolution of religious issues and implementation of the regulations. The regulations protect the rights of registered religious groups, under certain conditions, to possess property, publish literature, train and approve clergy, and collect donations. However, the regulations have not created additional room for lawful religious activity by groups not affiliated with the five main religions. In this regard, the regulations merely codify past practices and give authorities broad discretion to define which religious activities are permissible.
The law requires religious groups to register places of worship. Spiritual activities in places of worship that have not registered may be considered illegal and participants can be punished. Government officials stated that private homes where family and friends meet to study the Bible would not be required to register, but venues for formal worship services should be registered, even if such formal worship takes place in a private home. Clergy need not be approved by the government but must be reported to the government after being selected pursuant to the rules of the relevant government-affiliated religious association. Pressure on religious groups to register or to come under the supervision of official "patriotic" religious organizations continued during the year. Some groups registered voluntarily, while a number registered under pressure; several groups avoided officials in an attempt to avoid registration, and authorities refused to register others. Various unofficial groups reported that authorities refused them registration without explanation. The government contended that these refusals were mainly the result of failure to meet requirements concerning facilities and meeting spaces. Some religious groups were reluctant to comply with the regulations out of principled opposition to state control of religion or due to fear of adverse consequences if they revealed, as required, the names and addresses of church leaders and members.
Local authorities' handling of unregistered religious groups, especially Protestant "house churches," varied widely. In certain regions government supervision of religious activity was minimal, and registered and unregistered Protestant and Catholic churches existed openly side-by-side and were treated similarly by the authorities. In such areas many congregants worshipped in both types of churches; congregants in unregistered churches were also able to procure Bibles at official churches. In some parts of the country, unregistered house churches with hundreds of members met openly, with the full knowledge of local authorities, who characterized the meetings as informal gatherings. In other areas house church meetings of more than a handful of family members and friends were strictly proscribed. House churches often encountered difficulties when their membership grew, when they arranged for the regular use of facilities for the purpose of conducting religious activities, or when they forged links with other unregistered groups.
Leaders of unauthorized groups were sometimes the target of harassment, interrogation, detention, and physical abuse. Authorities frequently disrupted house church meetings and retreats, detained and questioned leaders and church members, and confiscated the personal property of house church leaders and members. During the year thousands of house church members were detained; a large number of these detentions occurred in Henan Province.
Henan Province house Christian pastor Zhang Rongliang was convicted in June of obtaining a passport through fraud and of illegal border crossing. He was sentenced to seven-and-a-half years in prison. Beijing-based house church Christian Liu Fenggang, who was convicted in August 2004 with Xu Yonghai and Zhang Shenqi on charges of disclosing state secrets, remained in prison. Liu provided an overseas Chinese magazine information about abuse of Christians in the country. In February Lou Yuanqi was reportedly detained for holding unauthorized church services in Xinjiang. In April Li Huimin was reportedly sentenced to reeducation in Henan Province for holding house church meetings at his home. In May several house church activists were detained in Henan Province's Fugou County, while several others remained under detention. Persons associated with Protestant Christian worship outside government-approved venues also were subject to detention or abuse.
In July and August, according to the China Aid Association, authorities in several provinces detained Protestant house church members. On July 19, Henan Province authorities reportedly raided a house church in Zhumadian, questioning more than 60 church members. On July 21, Hubei Province officials reportedly raided a house church meeting, questioning 20 church members. Officials later placed 10 church members under administrative detention lasting from 10 to 15 days. On July 24, Yunnan Province authorities reportedly detained four house church members. On July 27, Anhui Province officials reportedly raided a house church Sunday school, questioning approximately 40 individuals. Officials also placed pastors Cai Yili and Li Lizhong in administrative detention for 16 days. On August 19, officials from the Inner Mongolia Autonomous Region reportedly raided a house church, confiscating church property and warning church members that they could only meet at registered churches.
As in previous years, there were reports that a number of Catholic priests, lay leaders, and laypersons were beaten or otherwise abused. In some localities, authorities reportedly pressured unregistered clergy and laypersons to renounce ordinations approved by the Holy See, join the official church, or face a variety of punishments including fines, job loss, and detentions. On September 11, Bishop Wu Qinjing, who was ordained in October 2005 with approval from the Holy See but without government permission, was detained for five days and forced to sign a document stating that his ordination was illegal.
Harassment of unregistered Catholic bishops, priests, and laypersons, including government surveillance and detentions, continued. On July 2, authorities detained unregistered Bishop Jia Zhiguo for the tenth time since 2004; he was released on September 27. Bishop Yao Liang, who is 82 years old, was arrested on July 30 and remained under detention at year's end. There was no new information about unregistered Bishop Su Zhimin, who has been unaccounted for since his reported detention in 1997. In June an unverified press report circulated that Bishop Su had died in custody. The government did not respond to requests for information in the case. Bishop An Shuxin, Bishop Su's auxiliary bishop, was released on August 24, after 10 years in prison. Officials permitted Bishop An's release when he accepted recognition by the government and did not force him to register with the Catholic Patriotic Association (CPA). In late September unregistered Catholic priests Shao Zhoumin and Jiang Sunian were detained in Shenzhen upon their return from Europe. Sources also reported that Bishop Zhang Weizhu, Father Cui Xing, and Father Wang Quanjun remained detained in Hebei Province. According to the foreign-based Cardinal Kung Foundation, the whereabouts of Bishop Zhao Zhendong, who was detained in December 2004, remained unknown. In Hebei Province, officials detained a total of seven Catholic clerics and 90 laypersons.
The government and the Holy See have not established diplomatic relations and there was no Vatican representative on the Mainland. The role of the pope in selecting bishops, the status of underground Catholic clerics, and Vatican recognition of Taiwan remained obstacles to improved relations.
Although the government insisted that it retains power to impose conditions on the appointment of Catholic bishops, registered Catholics increasingly acknowledged the spiritual authority of the Holy See, and the Vatican has approved most registered bishops appointed by the government prior to consecration. In April and May, CPA officials consecrated two Catholic bishops without Vatican approval, reportedly forcing registered Catholic clerics to participate in the consecrations. The CPA also installed a bishop in Fujian Province, even though he was consecrated in 2000 without Holy See approval.
In July officials demolished a large house church that was under constructed in Zhejiang Province and reportedly beat hundreds of house church members who arrived to protest the demolition. Officials repeatedly denied requests for permission to build a church. Traditional folk religions, such as Fujian Province's "Mazu cult," were still practiced in some locations. They were tolerated to varying degrees, often seen as loose affiliates of Taoism or as ethnic minority cultural practices. However, the government has labeled folk religions "feudal superstition" and sometimes repressed them. SARA established a new administrative division responsible for the activities of folk religions and religions outside the main five, including the Eastern Orthodox Church and the Church of Jesus Christ of Latter-day Saints.
Buddhists made up the largest body of organized religious believers. The traditional practice of Buddhism continued to expand among citizens in many parts of the country. Tibetan Buddhists in some areas had growing freedom to practice their faith. However, government restrictions remained, particularly in cases in which the government interpreted Buddhist belief as supporting separatism, such as in some Tibetan areas and parts of the Inner Mongolian Autonomous Region. In February emissaries of the Dalai Lama met with government officials, in the fifth round of dialogue between the two sides since 2002 (see Tibet Addendum).
Regulations restricting Muslims' religious activity, teaching, and places of worship continued to be implemented forcefully in Xinjiang. During the year authorities added women to the groups of persons prohibited from entering mosques. Other groups formally prohibited from entering mosques included children, CCP members, and government workers. However, in practice women and children were not uniformly barred from entering mosques. The government continued to use counterterrorism to justify religious repression of Uighur Muslims (see section 5). Xinjiang authorities continued to detain and arrest persons engaged in unauthorized religious activities and charged them with a range of offences including state security crimes. Xinjiang authorities often charged religious believers with committing the "three evils" of terrorism, separatism, and extremism. While targeted primarily at Muslims, the tight control of religion in Xinjiang affected followers of other religions as well.
The government strictly controlled the practice of Islam, while the state-controlled Islamic Association of China aligned Islamic practice to CCP goals. However, in contrast to the heavy-handed approach to Muslims in Xinjiang Province, officials in Ningxia, Gansu, and Qinghai provinces approached religious affairs cautiously and were reluctant to interfere overtly in Muslims' activities. Authorities reserved the right to censor imams' sermons, and imams were urged to emphasize the damage caused to Islam by terrorist acts in the name of the religion. Certain Muslim leaders received particularly harsh treatment. Authorities conducted monthly political study sessions for religious personnel and the program continued through the year. In May the IAC announced it would establish an office to manage pilgrimages to Mecca. In the same month the China Islamic Conference passed a measure requiring religious personnel to study "new collected sermons" compiled by an IAC committee, including messages on patriotism and unity aimed at building a "socialist harmonious society."
According to one overseas organization, 179 practitioners of the Sala order, a local Sufi branch of Islam, were arrested in August 2005 following a government ban on the movement. Although officials denied the ban, they considered the movement dangerous. In August 2004 eight Uighur Muslims in Hotan were reportedly charged with endangering state security and scores were detained on charges of engaging in "illegal religious activities." In addition to the restrictions on practicing religion placed on party members and government officials throughout the country, teachers, professors, and university students in Xinjiang were not allowed to practice religion openly.
Muslims were permitted to make pilgrimages abroad, but the government reportedly penalized those who arranged unauthorized pilgrimages. Official reports noted that more than 9,700 Chinese Muslims traveled to Mecca for the Hajj pilgrimage, which began on November 29. This figure likely did not include participants who were not organized by the government, which numbered thousands in previous years. Between July and September, thousands of Uighur Muslims, who traveled to Pakistan to circumvent government-imposed controls on Hajj participants, were stuck in Islamabad because they were denied visas by the Saudi Arabian Embassy. Following demonstrations by the visa applicants outside the Saudi Embassy, visas were granted to approximately 1,000 applicants, although many more were forced to return to Xinjiang.
The authorities permitted officially sanctioned religious organizations to maintain international contacts that do not involve "foreign control." However, what constitutes "control" is not defined. Regulations on religious practice by foreigners include a ban on proselytizing. Authorities generally allowed foreign nationals to preach to other foreigners, bring in religious materials for personal use, and preach to citizens at the invitation of registered religious organizations. Despite a ban on missionary activities, many foreign Christians teaching on college campuses openly professed their faith with minimum interference from authorities provided their religious activity remains discreet. Authorities permitted citizens who joined the Church of Jesus Christ of Latter-day Saints while they were outside of China to hold services after they returned.
The authorities continued a general crackdown on groups considered to be "cults." These "cults" included not only Falun Gong and various traditional Chinese meditation and exercise groups (known collectively as qigong groups), but also religious groups that authorities accused of preaching beliefs outside the bounds of officially approved doctrine. Groups that the government labeled cults included Eastern Lightning, the Servants of Three Classes, the Shouters, the South China Church, the Association of Disciples, the Full Scope Church, the Spirit Sect, the New Testament Church, the Way of the Goddess of Mercy, the Lord God Sect, the Established King Church, the Unification Church, and the Family of Love. Authorities accused some in these groups of lacking proper theological training, preaching the imminent coming of the apocalypse or holy war, or exploiting the reemergence of religion for personal gain. The government accused the Eastern Lightning group and some other unregistered Christian groups of involvement in violence.
Actions against such groups continued during the year. Police also continued their efforts to close down the underground evangelical group Shouters, an offshoot of a pre-1949 indigenous Protestant group. Action against the South China Church (SCC) continued. In August 2005 approximately 40 SCC members were detained in Hubei Province after meeting with foreigners. According to an anonymous petition submitted to the United Nations Working Group on Arbitrary Detention, SCC founder Gong Shengliang and other imprisoned SCC members suffered serious abuses in prison. Gong is serving a life sentence for rape, arson, and assault, even though the women who testified against him in his original trial in 2001 reported that police had tortured them into signing statements accusing Gong of raping them. During the year Gong's daughters reported that Gong was in poor health and had been beaten by another inmate.
Public Falun Gong activity in the country remained negligible, and practitioners based abroad reported that the government's crackdown against the group continued. Since the government banned the Falun Gong in 1999, the mere belief in the discipline (even without any public manifestation of its tenets) has been sufficient grounds for practitioners to receive punishments ranging from loss of employment to imprisonment. Although the vast majority of practitioners detained have been released, many were detained again after release (see section 1.e.). Falun Gong sources estimated that at least 6,000 Falun Gong practitioners had been sentenced to prison, more than 100,000 practitioners sentenced to reeducation through labor, and almost 3,000 had died from torture while in custody. Some foreign observers estimated that Falun Gong adherents constituted at least half of the 250,000 officially recorded inmates in reeducation-through-labor camps, while Falun Gong sources overseas placed the number even higher. In March UN Special Rapporteur Nowak reported that Falun Gong practitioners accounted for 66 percent of victims of alleged torture while in government custody.
Falun Gong members identified by the government as "core leaders" have been singled out for particularly harsh treatment. More than a dozen Falun Gong members have been sentenced to prison for the crime of "endangering state security," but the great majority of Falun Gong members convicted by the courts since 1999 have been sentenced to prison for "organizing or using a sect to undermine the implementation of the law," a less serious offense. Most practitioners, however, were punished administratively. Some practitioners were sentenced to reeducation through labor. Among them, Yuan Yuju and Liang Jinhui, relatives of a Hong Kong journalist working for a television station supportive of Falun Gong, were sentenced to reeducation through labor for distributing Falun Gong materials. Apart from reeducation through labor, some Falun Gong members were sent to "legal education" centers specifically established to "rehabilitate" practitioners who refused to recant their belief voluntarily after release from reeducation-through-labor camps. Government officials denied the existence of such "legal education" centers. In addition, hundreds of Falun Gong practitioners have been confined to mental hospitals, according to overseas groups (see section 1.d.).
Allegations of abuse of Falun Gong practitioners by the police and other security personnel continued during the year (see section 1.c.). In addition, multiple allegations of government-sanctioned organ harvesting from Falun Gong prisoners surfaced. In April overseas Falun Gong groups claimed that a hospital in Sujiatun, Shenyang, had been the site of a "concentration camp" and of mass organ harvesting, including from live prisoners (see section 1.c.). The government opened the facility to diplomatic observers and foreign journalists, who found nothing inconsistent with the operation of a hospital.
Police continued to detain current and former Falun Gong practitioners and place them in reeducation camps. Police reportedly had quotas for Falun Gong arrests and targeted former practitioners, even if they were no longer practicing. The government continued its use of high-pressure tactics and mandatory anti-Falun Gong study sessions to force practitioners to renounce Falun Gong. Even practitioners who had not protested or made other public demonstrations of belief reportedly were forced to attend anti-Falun Gong classes or were sent directly to reeducation-through-labor camps. These tactics reportedly resulted in large numbers of practitioners signing pledges to renounce the movement.
The government supported atheism in schools. In March 2005 a Foreign Ministry spokesman said the country had no national regulations preventing children from receiving religious instruction, but said religion should not interfere with public education. In practice local authorities in many regions barred school-age children from attending religious services at mosques, temples, or churches and prevented them from receiving religious education outside the home.
The law does not prohibit religious believers from holding public office; however, party membership is required for almost all high-level positions in government, state-owned businesses, and many official organizations. Communist Party officials have stated that party membership and religious belief were incompatible. Government and CCP officials reiterated that religious believers should resign their party membership. The Routine Service Regulations of the People's Liberation Army state explicitly that service members "may not take part in religious or superstitious activities." CCP and PLA personnel have been expelled for adhering to Falun Gong beliefs.
Despite regulations encouraging officials to be atheists, some party officials engaged in religious activity, most commonly Buddhism or a folk religion. The NPC included several religious representatives. NPC Standing Committee vice chairmen included Fu Tieshan, a bishop and vice-chairman of the Chinese Catholic Patriotic Association. Religious groups also were represented in the CPPCC, an advisory forum for "multiparty" cooperation and consultation led by the CCP, and in local and provincial governments. CPPCC Standing Committee vice chairmen included Pagbalha Geleg Namgyal, a Tibetan reincarnate lama.
Official religious organizations administered local religious schools, seminaries, and institutes to train priests, ministers, imams, Islamic scholars, and Buddhist monks. Students who attended these institutes had to demonstrate "political reliability," and all graduates must pass an examination on their political as well as theological knowledge to qualify for the clergy. The government permitted registered religions to train clergy and allowed an increasing number of Catholic and Protestant seminarians, Muslim clerics, and Buddhist clergy to go abroad for additional religious studies, but some religion students had difficulty getting passports or obtaining approval to study abroad. In most cases foreign organizations provided funding for such training programs.
Authorities continued to prohibit the teaching of Islam to elementary and middle school-age children in some areas, although children studied Arabic and the Koran without restriction in many others. Local officials stated that school-age children may not study religion or enter mosques in Xinjiang. In August 2005 a teacher, Aminan Momixi, and more than 30 students were reportedly detained for holding Koran study sessions during school vacation. Authorities confiscated their Korans and Muslim textbooks and the government declined to clarify Momixi's status. According to media reports, Xinjiang authorities confiscated religious publications on many other occasions, sometimes detaining those who possessed unapproved religious texts.
Religious organizations of all faiths, including those composed of foreigners, were encouraged to engage in charitable activities and social services. Religious organizations engaged in social services faced obstacles registering with local authorities. These difficulties were similar to those faced by nonreligious NGOs (section 2.b.).
The 2005 religious regulations permit authorized religious organizations and venues to compile and print materials for internal and public distribution, but require publications to be prepared in accordance with national regulations. These regulations, in turn, impose strict prior restraints on religious literature, even beyond the restrictions on other types of publications. The regulations also provide for government oversight of the appointment of religious personnel.
The government strictly punished the private publication of religious works. In April pastor Liu Yuhua from Shandong was detained in Linchu County on charges of operating an illegal business after he was found distributing religious texts. In May house church pastor Wang Zaiqing from Anhui was formally arrested. Foreign-based NGOs said the arrest was in connection with his work publishing Bibles and religious materials. In July 2005 Protestant Pastor Cai Zhuohua and two other relatives were sentenced to three years, two years, and 18 months in prison for operating an illegal business, stemming from their large-scale publishing of Bibles and Christian literature without government approval. According to reliable reports, the CCP officials described the prosecution of Cai as one of the most important cases in the campaign to prevent foreign infiltration under the cover of religion.
Media reports stated that authorities confiscated illegal religious publications in Xinjiang. In February Xinjiang authorities reportedly raided a minority-language printing market and seized "illegally printed" religious posters. Also in February authorities announced that in 2005 they had seized 9,860 illegal publications involving religion, Falun Gong, or "feudal superstitions." The Xinjiang People's Publication House was the only publisher allowed to print Muslim literature.
The supply of Bibles was adequate in most parts of the country, but some members of underground churches complained that the supply and distribution of Bibles, especially in rural locations, was inadequate. Individuals could not order Bibles directly from publishing houses. Customs officials continued to monitor for the "smuggling" of religious materials into the country. There have been credible reports that the authorities sometimes confiscated Bibles, Korans, and other religious material.
Societal Abuses and Discrimination
There were no reports of societal abuses of religious practitioners or anti-Semitic acts during the year. The government does not recognize Judaism as an ethnicity or religion.
For a more detailed discussion, see the 2006 International Religious Freedom Report.
d. Freedom of Movement within the Country, Foreign Travel, Emigration and Repatriation
The law provides for some of these rights; however, the government generally did not respect them in practice. Although the government maintained restrictions on the freedom to change one's workplace or residence, the national household registration system continued to erode, and the ability of most citizens to move within the country to work and live continued to expand. However, the government retained the ability to restrict freedom of movement through other mechanisms. Authorities heightened restrictions periodically, particularly curtailing the movement of individuals deemed politically sensitive before key anniversaries, visits of foreign dignitaries, and to forestall demonstrations.
The system of national household registration (hukou) underwent further change during the year, as the country accumulated a more mobile labor force. Rural residents continued to migrate to the cities, where the per capita disposable income was more than quadruple the rural per capita cash income. Nonetheless, many could not officially change their residence or workplace within the country. Government and work unit permission were often required before moving to a new city. Most cities had annual quotas for the number of new temporary residence permits that would be issued, and all workers, including university graduates, had to compete for a limited number of such permits. It was particularly difficult for peasants from rural areas to obtain household registration in economically more developed urban areas.
The household registration system added to the difficulties rural residents faced in changing to urban residency, even when they have already relocated to urban areas and found employment. There remained a floating population of between 100 and 150 million economic migrants who lacked official residence status in cities. Without official residence status, it was difficult or impossible to gain full access to social services, including education. Furthermore, law and society generally limited migrant workers to types of work considered least desirable by local residents, and such workers had little recourse when subjected to abuse by employers and officials. Some major cities maintained programs to provide migrant workers and their children access to public education and other social services free of charge, but migrants in some locations reported that it is difficult to qualify for these benefits in practice. Many cities and provinces continued experiments aimed at abolishing the distinction between urban and rural residents in household registration documents.
House arrest continued to be used as a nonjudicial punishment and control measure against dissidents, family members of political prisoners, petitioners, and others whom the government or party deemed politically sensitive or "troublemakers" (see section 1.d.).
Under the "staying at prison employment" system applicable to recidivists incarcerated in reeducation-through-labor camps, authorities denied certain persons permission to return to their homes after serving their sentences. Some released or paroled prisoners returned home but were not permitted freedom of movement.
The government permitted legal emigration and foreign travel for most citizens. Most citizens could obtain passports, although those whom the government deemed threats, including religious leaders, political dissidents, and some ethnic minority members continued to have difficulty obtaining passports (see Tibet Addendum). There were reports that some academics faced travel restrictions around the year's sensitive anniversaries, particularly the June 4 anniversary of the Tiananmen Square massacre. There were instances in which the authorities refused to issue passports or visas on apparent political grounds. Members of underground churches, Falun Gong members, and other politically sensitive individuals sometimes were refused passports and other necessary travel documents. In March an individual in Guangxi Province was reportedly barred from traveling outside the country because he authored Internet articles critical of the CCP. In August ICPC member Wu Wei was reportedly stopped at the Hong Kong border while on his way to attend the ICPC's annual meeting. In September passport control authorities without warning confiscated the passport of a prominent labor rights lawyer as he was boarding a train to Hong Kong.
The law neither provides for a citizen's right to repatriate nor otherwise addresses exile. The government continued to refuse reentry to numerous citizens who were considered dissidents, Falun Gong activists, or troublemakers. Although some dissidents living abroad have been allowed to return, dissidents released on medical parole and allowed to leave the country often were effectively exiled. Activists residing abroad have been imprisoned upon their return to the country.
While UNHCR reported that more than 2,000 Tibetans each year crossed into Nepal, the government continued to try to prevent many Tibetans from leaving (see Tibet Addendum).
Protection of Refugees
Although a signatory of the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, the law does not provide for the granting of refugee or asylum status. The government largely cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) when dealing with the resettlement of ethnic Han Chinese or ethnic minorities from Vietnam and Laos resident in the country. During the year the government and UNHCR continued ongoing discussions concerning the granting of citizenship to these residents. Since the late 1980s, the government has adopted a de facto policy of tolerance toward the small number of persons, fewer than 100 annually, from other nations who registered with the Beijing office of the UNHCR as asylum seekers. The government permitted these persons to remain in the country while the UNHCR made determinations as to their status and, if the UNHCR determined that they were bona fide refugees, while they awaited resettlement in third countries. However, the government continued to deny the UNHCR permission to operate along its northeastern border with North Korea, arguing that North Koreans who crossed the border were illegal economic migrants, not refugees.
During the year several thousand North Koreans were reportedly detained and forcibly returned to North Korea. Many faced persecution, and some may have been executed upon their return. Several hundred North Koreans were permitted to travel to third countries after they had entered diplomatic compounds or international schools in the country. There were numerous credible reports of harassment and detention of North Koreans in the country. The government also arrested and detained foreign journalists, missionaries, and activists, as well as some citizens, for providing food, shelter, transportation, and other assistance to North Koreans. The government continued to detain several foreigners in the Northeast, some on charges of alien smuggling, but most for helping North Koreans enter the country. Jilin Province's public security Web site reported that it had deported an estimated 2,000 "foreigners" in 2004, most of who were believed to be North Korean. According to NGOs, during the year North Korean agents operated within the country to forcibly repatriate North Korean citizens.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government
The law does not provide citizens with the right to change their government peacefully, and citizens cannot freely choose or change the laws and officials that govern them. The CCP continued to control appointments to positions of political power.
Elections and Political Participation
According to the law, the NPC is the highest organ of state power. Formally, it elects the president and vice president, selects the premier and vice premiers, and elects the chairman of the State Central Military Commission. In practice the NPC Standing Committee, which is composed of 153 members, oversaw these elections and determined the agenda and procedure for the NPC. The NPC Standing Committee remained under the direct authority of the CCP's nine-member Politburo Standing Committee. The NPC does not have the power to set policy or remove government or party leaders.
In 2003 the NPC confirmed CCP General Secretary Hu Jintao as president, and in 2004 Hu consolidated his power when he was also appointed chairman of the Central Military Commission.
All of the country's approximately one million villages were expected to hold competitive, direct elections for village committee officials. Most provinces already have held four or five rounds of village committee elections, according to the Ministry of Civil Affairs. Foreign observers who monitored local village committee elections judged those they observed to have been generally fair. However, the government estimated that one-third of all elections had serious procedural flaws. Corruption, vote buying, and interference by township-level and party officials continued to be problems. The law permitted each voter to cast proxy votes for up to three other voters. Many rural voters cast the maximum number of proxy votes, especially in areas with significant out-migration.
Although the law includes a provision for recalling village committee members, local implementing regulations have proven sufficiently vague or cumbersome so as to prevent most attempted recalls. In cases of alleged corruption, a handful of local legislative deputies, but not village heads, have been recalled. In 2005 villagers in Guangdong Province's Taishi Village were subjected to severe abuse when they tried to recall village chief Chen Jinsheng, whom they accused of embezzling village funds. Authorities resorted to violence, intimidation, and other tactics to quash the recall attempt.
The election law governs elections of legislative bodies at all levels. Under this law, citizens have the opportunity to vote for local people's congress representatives at the county level and below, although in most cases the nomination of candidates in those elections was strictly controlled. Legislators selected people's congress delegates above the county level. For example, provincial-level people's congresses selected delegates to the NPC. Local CCP secretaries generally served concurrently as the head of the local people's congress, thus strengthening party control over legislatures.
During the year independent candidates not selected by local authorities ran or attempted to run in people's congress elections held at the local level across the country. While a small number of independents were elected, in Hubei and Guangdong Provinces local officials reportedly manipulated and pressured some candidates, who mounted aggressive campaigns to prevent independents from being nominated, and if nominated, from winning. Local police detained and monitored independent candidates, seized campaign materials, and intimidated supporters, family members, and friends. Some activists also alleged that vote counts were rigged to ensure defeat. During the year Taishi villagers failed in their attempt to nominate an independent candidate for local people's congress representative, allegedly because of ballot tampering and an illegal refusal to allow proxy votes.
Although the party controlled appointments of officials to government and party positions at all levels, some township, county, and provincial elections featured experiments with increased competition, including self-nomination of candidates, campaign speeches by candidates, public vetting of nominees, and a two-tiered indirect election system.
The CCP retained a monopoly on political power and forbade the creation of new political parties. The government recognized nine parties founded prior to 1949, but not the CDP, an opposition party founded in 1998 and subsequently declared illegal. Dozens of CDP leaders, activists, and members have been arrested, detained, or confined. One of the CDP's founders, Qin Yongmin, remained in prison at year's end, as did others connected with a 2002 open letter calling for political reform and reappraisal of the 1989 Tiananmen massacre. On September 14, authorities released CDP leader Zhu Yufu after he completed a seven-year sentence for participating in prodemocracy activities. On the same day, authorities detained CDP leader Chen Shuqing on suspicion of inciting "to subvert state power." More than 30 current or former CDP members reportedly remained imprisoned or held in reeducation-through-labor camps, including Zhang Lin, Zhao Changqing, Sang Jiancheng, He Depu, Yang Tianshui, Wang Rongqing, and Jiang Lijun.
The government placed no special restrictions on the participation of women or minority groups in the political process. However, women held few positions of significant influence in the CCP or government structure. There was one female vice premier on the 24-member Politburo. There was also one woman among the five state councilors. The head of a key CCP organization, the United Front Work Department, was a woman. During the year women headed one of the country's 28 ministries, and 25 women served at the level of vice minister or higher.
The government encouraged women to exercise their right to vote in village committee elections and to stand for those elections, although only a small fraction of elected members were women. In many locations, a seat on the village committee was reserved for a woman, who was usually given responsibility for family planning. At the end of 2005, there were 13.6 million female party members, making up 19.2 percent of the 70.8 million members of the Communist Party. Women constituted 20.2 percent of the NPC and 14.2 percent of the NPC Standing Committee. In 2002 the 16th Party Congress elected 27 women to serve as members or alternates on the 198 person Central Committee, a slight increase over the total of the previous committee.
Minorities constituted 13.9 percent of the NPC, although they made up approximately 8.4 percent of the population. All of the country's 55 officially recognized minority groups were represented in the NPC membership. The 16th Party Congress elected 35 members of ethnic minority groups as members or alternates on the Central Committee. The only ministerial-level post, held by an ethnic minority was the Ethnic Affairs post and there was one ethnic minority, Vice Premier Hui Liangyu, on the Politburo. Minorities held few senior party or government positions of significant influence (see section 5).
Government Corruption and Transparency
Corruption remained an endemic problem. The National Audit Office found that 48 ministerial level departments misused or embezzled approximately $685 million (RMB 5.51 billion) from the central government's 2005 budget, a 70 percent increase over the amount reported in 2004. Corruption plagued courts, law enforcement agencies, and other government agencies. In March 2000 foreign citizen Jude Shao was sentenced to 16 years' imprisonment for tax evasion after allegedly refusing to pay bribes to local tax auditors. He remained in prison at year's end, despite receiving a one-year reduction in his sentence in September.
The courts and party agencies took disciplinary action against many public and party officials during the year. According to the SPP's March 11 report to the NPC, prosecutors filed and investigated 24,277 cases of embezzlement, bribery, or dereliction of duty; prosecuted 30,205 officials while investigating a total of 41,477 officials in 2005; and transferred 7,279 cases to judicial organs for prosecution. The CCP's CDIC reported that 110,000 officials were disciplined for breaking laws and party discipline in 2005. Inspection committees stripped 11,071 persons of CCP membership, more than twice the number in 2004. In some cases, sanctions administered by the CDIC reportedly substituted for sanctions by courts and other legal agencies.
The country had no national freedom of information law, but many local jurisdictions continued to enact freedom of information regulations aimed at improving the public's communication with and supervision over local government initiatives. Approximately 95 percent of government ministries, provincial governments and prefecture-level cities had Web sites, providing some, albeit restricted, public information. However, citizens, local media, and foreign journalists found it difficult to get information about government decision making, especially before decisions were formally announced.
The government experimented with various forms of public oversight of government, including telephone hot lines and complaint centers, administrative hearings, increased opportunity for citizen observation of government proceedings, and other forms of citizen input in the local legislative process, such as hearings to discuss draft legislation. Citizens continued to file administrative lawsuits to seek legal redress against government malfeasance. According to official statistics, 95,707 administrative lawsuits were filed against the government in 2005, slightly more than in the previous year. Petitioning officials directly and outside the court system was also a common avenue used by citizens to redress grievances. Official media reported that 12.7 million petitions were filed at the county level and above in 2005, down from 13.7 million in 2004 (see section 2.b.).
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The government sought to maintain control over civil society groups, halt the emergence of independent NGOs, and prevent what they have called the "westernization" of China. The government did not permit independent domestic NGOs to monitor openly or to comment on human rights conditions; existing domestic NGOs were harassed. The government tended to be suspicious of independent organizations and increased scrutiny of NGOs with links overseas. Most large NGOs were quasi-governmental in nature, and all NGOs had to be sponsored by government agencies (see section 2.b.).
During the year the government continued its intensified efforts to monitor and control NGOs and used strict regulations to limit the growth of independent civil society, which were first implemented in 2005.
An informal network of activists around the country continued to serve as a credible source of information about many human rights violations. The information was disseminated through organizations such as the Hong Kong-based Information Center for Human Rights and Democratic Movement in China and the New York-based Human Rights in China.
When permitted by authorities, the press reported about officials who exceeded their authority and infringed on citizens' rights. However, the government remained reluctant to accept criticism of its human rights record by other nations or international organizations. It criticized reports by international human rights monitoring groups, claiming that such reports were inaccurate and interfered with the country's internal affairs. Representatives of some international human rights organizations reported that authorities denied their visa requests or restricted the length of visas issued to them (see section 2.d.). The government-established China Society for Human Rights is an NGO whose mandate was to defend the government's human rights record. The government maintained that each country's economic, social, cultural and historical conditions influence its approach to human rights.
The government permitted the ICRC to open an office in Beijing, although it did not authorize the ICRC to visit prisons. The government submitted to the UN its first compliance report on the International Covenant on Economic, Cultural and Social Rights. The government continued unofficial discussions on human rights and prisoner issues with a San Francisco-based human rights group, although the government's cooperation with the group was not as extensive as in previous years.
Section 5 Discrimination, Societal Abuse, and Trafficking in Persons
There were laws designed to protect women, children, persons with disabilities, and minorities. However, in practice, some discrimination based on ethnicity, gender, and disability persisted.
Women
Violence against women remained a significant problem. There was no national law criminalizing domestic violence, but the Marriage Law provides for mediation and administrative penalties in cases of domestic violence. In August 2005 the NPC amended the Law on the Protection of Women's Rights specifically to prohibit domestic violence, although critics complained that the provision fails to define domestic violence. More than 30 provinces, cities, or local jurisdictions passed legislation aimed at addressing domestic violence. According to a 2004 survey by the All-China Women's Federation (ACWF), 30 percent of families had experienced domestic violence, and 16 percent of husbands had beaten their wives. The ACWF reported that it received some 300,000 letters per year complaining about family problems, mostly domestic violence. The actual incidence was believed to be higher because spousal abuse went largely unreported. According to experts, domestic abuse was more common in rural areas than in urban centers. In response to increased awareness of the problem of domestic violence, there were a growing number of shelters for victims. Most shelters were government run, although some included NGO participation.
Rape is illegal, and some persons convicted of rape were executed. The law does not expressly recognize or exclude spousal rape.
The law prohibits the use of physical coercion to compel persons to submit to abortion or sterilization. However, intense pressure to meet birth limitation targets set by government regulations resulted in instances of local birth-planning officials using physical coercion to meet government goals (see section 1.f.). In addition, women faced a disproportionate burden due to the government's enforcement of its birth limitation laws and practices. Such laws and practices required the use of birth control methods (particularly IUDs and female sterilization, which according to government statistics, accounted for more than 80 percent of birth control methods employed) and the abortion of certain pregnancies.
Although prostitution is illegal, experts estimate that there were 1.7 to five million commercial sex workers in the country. The commercialization of sex and related trafficking in women trapped tens of thousands of women in a cycle of crime and exploitation and left them vulnerable to disease and abuse (see section 5, Trafficking). According to state-run media, one out of every five massage parlors in the country was involved in prostitution, with the percentage higher in cities. A 2004 Guangdong Province survey found that 74.2 percent of massage parlor workers were involved in prostitution. Unsafe working conditions were rampant among the saunas, massage parlors, clubs, and hostess bars in cities. Research indicated that up to 80 percent of prostitutes in some areas had hepatitis.
Although the government made some efforts to crack down on the sex trade, credible media reports claimed that some local officials were complicit in prostitution, owned prostitution venues, or received proceeds from such businesses. Prostitution involved organized crime groups and businesspersons as well as the police and the military. Actions to curtail prostitution had limited results. In 2004 according to state-run media, an investigation of prostitution at entertainment facilities in Guangdong Province led to the permanent closure of 15 percent and temporary closure of another 40 percent of the facilities investigated. Courts have prosecuted persons involved in organizing and procuring prostitutes.
The amended Law on the Protection of Women's Rights included a ban on sexual harassment, stating "the injured woman has the right to complain to the work unit and the relevant department" and may "bring a civil action in court for damages." Legal scholars and activists praised the amendment but emphasized the law should also specifically define what constitutes abusive behavior. Experts continued to suggest that many victims did not report sexual harassment out of fear of losing their jobs.
The government has made gender equality a policy objective since 1949. The constitution states "women enjoy equal rights with men in all spheres of life." The Law on the Protection of Women's Rights and Interests provides for equality in ownership of property, inheritance rights, and access to education. Policies that once allotted work-unit housing only to the husband have become gender-neutral, and an April 2005 Supreme Court interpretation emphasized that housing rights are shared equally, even in cases of divorce. The State Council's National Working Committee on Children and Women coordinated women's policy. The ACWF was the leading implementer of women's policy for the government. Nonetheless, many activists and observers were concerned that the progress made by women over the past 50 years was eroding. They asserted that the government appeared to have made the pursuit of gender equality a secondary priority as it focused on economic reform and political stability.
The Law on the Protection of Women's Rights and Interests was designed to assist in curbing gender-based discrimination. However, women continued to report that discrimination, sexual harassment, unfair dismissal, demotion, and wage discrepancies were significant problems. Social organizations and the government made efforts to educate women about their legal rights. In a high-profile case in September a Chinese actress made sexual harassment allegations against a China Central Television (CCTV) director on her blog. Although the director threatened to sue the actress for "libel," the case has not gone to court. Hundreds of thousands of Internet users expressed support for the actress.
Women's networks, involving lawyers, activists, and the press, were active in Beijing, Shanghai, and other cities, highlighting problems and calling for solutions to gender-based discrimination.
Nevertheless, women frequently encountered serious obstacles to the enforcement of laws. According to legal experts, it was difficult to litigate a sex discrimination suit because the vague legal definition made it difficult to quantify damages. As a result very few cases were brought to court. Some observers noted the agencies tasked with protecting women's rights tended to focus on maternity-related benefits and wrongful termination during maternity leave rather than on sex discrimination, violence against women, and sexual harassment. Women's rights advocates indicated that in rural areas, women often forfeited land and property rights to their husbands in divorce proceedings.
The ACWF reported that 47 percent of laid-off workers were women, a percentage significantly higher than their representation in the labor force. Many employers preferred to hire men to avoid the expense of maternity leave and childcare, and some lowered the effective retirement age for female workers to 40 years of age (the official retirement age for men was 60 years and for women 55 years). In addition, work units were allowed to impose an earlier mandatory retirement age for women than for men, which limits women's lifetime earning power and career span. Lower retirement ages also reduced pensions, which generally were based on the number of years worked. Job advertisements sometimes specified height and age requirements for women.
Women have less earning power than men, despite government policies that mandate nondiscrimination in employment and occupation. According to the UN's 2005 Human Development Report, nationwide women's salaries overall were only 66 percent of men's salaries, while women in rural areas earned only 60 percent of the income earned by males. Average incomes of female executives and senior professionals were respectively only 58 percent and 68 percent of their male colleagues' salaries. Most women employed in industry worked in lower-skilled and lower-paid jobs and in sectors, such as textiles, which were particularly vulnerable to restructuring of state-owned enterprises and layoffs. Women accounted for 60 percent of those below the poverty line.
UNESCO reported that less than 2 percent of women between the ages of 15 and 24 were illiterate. According to 2005 official government statistics, women comprised 73.6 percent of all illiterate persons. In some underdeveloped regions, the female literacy rate lagged behind the male literacy rate by 15 percent or more.
A high female suicide rate continued to be a serious problem. According to the World Bank and the World Health Organization, there were approximately 500 female suicides per day. The suicide rate for females was 25 percent higher than for males. Many observers believed that violence against women and girls, discrimination in education and employment, the traditional preference for male children, the country's birth limitation policies, and other societal factors contributed to the especially high female suicide rate. Women in rural areas, where the suicide rate for women is three to four times higher than for men, were especially vulnerable.
While the gap in the education levels of men and women narrowed, differences in educational attainment remained a problem. According to a Chinese Academy of Social Sciences report, 61 percent of boys and 43 percent of girls in rural areas completed education higher than lower middle school. Men continued to be overrepresented among the relatively small number of persons who received a university-level education. According to official statistics, in 2005 women accounted for 47.1 percent of undergraduate and college students, 43.4 percent of postgraduate students, and 32.6 percent of doctoral students. Women with advanced degrees reported discrimination in the hiring process as the job distribution system became more competitive and market driven.
Children
The law prohibits maltreatment of children and provides for compulsory education. The State Council's National Working Committee on Children and Women was tasked with carrying out policy toward children.
The law provides for nine years of compulsory education for children. However, in economically disadvantaged rural areas many children did not attend school for the required period and some never attended. Public schools were not allowed to charge tuition, but after the central government largely stopped subsidizing primary education, many public schools began to charge mandatory school-related fees to meet revenue shortfalls. Such fees made it difficult for poorer families and some migrant workers to send their children to school.
According to government statistics, 98.6 percent of children nationwide were enrolled in elementary school. In 2005 the government reported that 51.4 percent of primary school students, 45.7 percent of junior secondary school students, and 44.0 percent of senior secondary school students were female. It was widely believed that the proportion of girls attending school in rural and minority areas was smaller than in cities.
In 2003 the UN special rapporteur on the right to education visited and found that the government failed to provide education to many children of migrant workers and prohibited children from receiving religious education. The special rapporteur expressed serious concern about privatization of the costs of public education and reported that the government compelled parents to pay nearly half the costs of public education, making education inaccessible to many children. The special rapporteur also recommended the government immediately ban the practice of children performing manual labor at their schools to raise funds.
According to the UN Children's Fund (UNICEF) 2004 statistics, the infant mortality rate was 26 per 1,000 and the mortality rate for children under five years of age was 31 per 1,000 live births. The Law on the Protection of Juveniles forbids infanticide; however, there was evidence that the practice continued. According to the National Population and Family Planning Commission, a handful of doctors have been charged with infanticide under this law. The law prohibits discrimination against minors with disabilities and codifies a variety of judicial protections for juvenile offenders. The physical abuse of children can be grounds for criminal prosecution.
More than half of all boys and almost a third of all girls have been physically abused, according to survey results released at a May 2005 conference in Beijing. The survey reported that 10 percent of boys and 15 percent of girls have been sexually abused. These statistics were among those publicized at a National Consultation on Violence against Children, which the government and UNICEF sponsored. However, journalists were sanctioned for reporting on the rape of female students as young as 10 in Shanxi and Guangdong provinces. A media ban was also issued after a Nanjing newspaper publicized the forced sterilization of mentally challenged teenagers in Nantong, Jiangsu Province.
Despite government efforts to prevent kidnapping and the buying and selling of children, these problems persisted in some rural areas, and children were trafficked for labor purposes (see section 5, Trafficking).
According to official statistics, during the year juvenile crime fell after increasing sharply in 2005. In 2005 courts heard cases involving 82,692 juvenile offenders, up 18 percent from 2004 when courts heard cases involving 70,086 juvenile offenders. During the first eight months of the year, 11.4 percent fewer juveniles were convicted of crimes than during the same period in 2005. From 2000 to 2005, the annual increase in juvenile crime was approximately 11 percent. Abolition of the system of custody and repatriation in 2003 reduced the number of children detained administratively. Nonetheless, more than 150,000 "street children" lived in cities, according to state-run media. This number was even higher if the children of migrant workers, who spend the day on the streets were included. Juveniles were required by law to be held separately from adults, except when facilities were insufficient. In practice children sometimes were detained without their parents, held with adults, and required to participate in forced labor (see sections 1.c. and 6.c.).
Female infanticide, sex-selective abortions, and the abandonment and neglect of baby girls remained problems due to the traditional preference for sons and the birth limitation policy (see section 1.f.). Many families, particularly in rural areas, used ultrasound to identify female fetuses and terminate pregnancies, even though this practice remained illegal. An official study in Hainan Province found that 68 percent of abortions were of female fetuses. According to a 2002 survey, 35 percent of women in one rural township admitted to having an abortion because of a preference for a male child. Female babies also suffered from a higher mortality rate than male babies, contrary to the worldwide norm. State media reported that infant mortality rates in rural areas were 27 percent higher for girls than boys. Neglect of baby girls was one factor in their lower survival rate. One study found the differential mortality rates were highest in areas where women had a lower social status and economic and medical conditions were poor.
The law forbids the mistreatment or abandonment of children. The vast majority of children in orphanages were female; males in orphanages were usually disabled or in poor health. Medical professionals sometimes advised parents of children with disabilities to put the children into orphanages.
The government denied that children in orphanages were mistreated or refused medical care but acknowledged that the system often was unable to provide adequately for some children, particularly those with serious medical problems. Adopted children were counted under the birth limitation regulations in most locations. As a result, couples that adopted abandoned baby girls were sometimes barred from having additional children.
Trafficking in Persons
Although the law prohibits human trafficking, trafficking in persons remained a serious problem. The country was both a source and destination country for trafficking in persons. Most trafficking was internal for the purposes of forced labor and forced marriage. Some cases involved trafficking of women and girls into forced prostitution in urban areas, and some reports suggested that certain victims, especially children, were sold into forced labor. In many cases, women and children were lured abroad with false promises of employment and then trafficked into prostitution or forced labor.
Domestic and cross-border trafficking continued to be significant problems, although the exact numbers of persons involved could only be estimated due to a huge itinerant population of approximately 150 million. The MPS opened 2,884 trafficking cases involving female children in 2005. During this same period, the MPS resolved 2,471 cases and rescued 3,977 women and children. During the year Vietnamese authorities reported that 167 women and children were rescued from traffickers in China, an increase of 64 percent from the same period in 2005.
Some experts and NGOs suggested that a shortage of marriageable women fueled the demand for abducted women, especially in rural areas. They argued that the serious imbalance in the male-female sex ratio at birth, the tendency for many village women to leave rural areas to seek employment, and the cost of traditional betrothal gifts all made purchasing a wife attractive to some poor rural men. Some men recruited women from poorer regions, while others sought help from criminal gangs. Criminal gangs either kidnapped women and girls or tricked them with promises of jobs and higher living standards, only to be transported far from their homes for delivery to buyers. Once in their new "family," these women were "married" and sometimes raped. Some accepted their fate and joined the new community; others struggled and were punished; a few escaped. Some former trafficking victims became traffickers themselves, lured by the prospect of financial gain.
According to UN reports, most women and girls trafficked from abroad came from North Korea and Vietnam. Others came from Burma, Laos, Russia, and Ukraine. They were trafficked into the country for sexual exploitation, forced marriage, and indentured servitude in domestic service or businesses. Past reports noted that trafficking of North Korean women and girls into the country to work in the sex industry was widespread in the northeastern part of the country, but reliable sources suggested that the practice has decreased. North Korean women reportedly were sold for approximately $380 to $1,260 (RMB 3,040 to 10,080). Women reportedly were also trafficked from Vietnam for the purpose of forced marriage. The UN reported that Chinese citizens were most often trafficked to Malaysia, Thailand, the United Kingdom, and the United States. Second-tier destinations included Australia, European countries, Canada, Japan, Italy, Burma, Singapore, South Africa, and Taiwan.
Trafficked persons became entangled with alien smuggling rings, which often had ties to organized crime and were international in scope. Persons trafficked by alien smugglers paid high prices for their passage to other countries, where they hoped that their economic prospects would improve. There were credible reports that some promised to pay from $30,000 to $50,000 (RMB 240,000 to RMB 400,000) each for their passage. Upon arrival, many reportedly were forced to repay traffickers for the smuggling charges and their living expenses by working in specified jobs for a set period of time. Living and working conditions for trafficked persons were generally poor. Traffickers restricted their movements and confiscated their travel documents. Threats to report trafficking victims to the authorities or to retaliate against their families if they protested made trafficked persons even more vulnerable. When arrested and brought to court, human smugglers received five- to ten-year jail sentences and fines up to $6,000 (RMB 48,000). In very serious cases, courts imposed life imprisonment or the death penalty.
MPS officials stated that repatriated victims of trafficking no longer faced fines or other punishment upon their return. However, authorities acknowledged that errors sometimes occurred because of corruption among police, provisions allowing for the imposition of fines on persons traveling without proper documentation, and the difficulty in identifying victims. Trafficking victims often lacked proper identification, which made it difficult to distinguish them from person who illegally crossed borders.
Kidnapping and the buying and selling of children for adoption continued, particularly in poor rural areas. There were no reliable estimates of the number of children trafficked. Domestically, most trafficked children were sold to couples unable to have children, particularly sons. In the past, most infants rescued were male, but increased demand for children has reportedly driven traffickers to focus on females as well.
Children were also trafficked from poorer interior areas to relatively more prosperous areas for work. Traffickers reportedly often enticed parents to relinquish their children with promises of large remittances their children would be able to send home. Some children worked in factories but many ended up under the control of local gangs and were induced to commit petty crimes such as purse snatching.
The purchase of women was criminalized in 1991 when the NPC Standing Committee enacted its "Decision Relating to the Severe Punishment of Criminal Elements Who Abduct and Kidnap Women and Children." This decision made abduction and sale separate offenses.
Between 2001 and 2005, police opened more than 28,000 trafficking cases, arrested more than 25,000 suspected traffickers, and rescued more than 35,000 victims. In July, 28 members of a trafficking ring in Guangdong Province received sentences ranging from two years imprisonment to the death penalty. The ring had forced 10 women into prostitution. In 2005 10 members of a Guangzhou baby smuggling ring were convicted of smuggling 37 male infants. According to several media reports the average price was US$1,250 (RMB 10,000) per child, although other media reports quoted a range of prices from several thousand to a few hundred dollars per child.
Despite government efforts to eliminate trafficking in women and children, the problem persisted. There were reports of local officials' complicity in both alien smuggling and in prostitution, which sometimes involved trafficked women. In some cases, village leaders sought to prevent police from rescuing women who had been sold to villagers.
The two principal organs responsible for combating trafficking were the MPS and the State Council's Work Committee for Women and Children. In addition, the SPC, the SPP, the Ministry of Civil Affairs, the Central Office in Charge of Comprehensive Management of Public Order, and the Legislative Office of the State Council played roles in this area. It was central government policy to provide funds to provincial and local police to house victims and return them to their homes. Government-funded women's federation offices provided counseling on legal rights, including the options for legal action against traffickers, to some victims. The ACWF assisted victims in obtaining medical and psychological treatment.
Persons with Disabilities
The law protects the rights of persons with disabilities and prohibits discrimination; however, conditions for such persons lagged far behind legal dictates, failing to provide persons with disabilities with access to programs designed to assist them. According to the official press, all local governments have drafted specific measures to implement the law.
The Ministry of Civil Affairs and the China Disabled Persons Federation, a government-organized civil association, were the main entities responsible for persons with disabilities. According to the China Disabled Persons' Federation, there were 60 million persons with disabilities. According to government statistics, 3,335 educational and vocational centers provided training and job-placement services for persons with disabilities. During the year 572,000 persons with disabilities received education or training. However, some 1.2 million urban and 3.4 million rural persons with disabilities were unemployed. Nationwide, 275,000 school-age children with disabilities did not attend school. Nearly 100,000 organizations exist, mostly in urban areas, to serve those with disabilities and protect their legal rights. The government, at times in conjunction with NGOs, sponsored programs to integrate persons with disabilities into society. However, misdiagnosis, inadequate medical care, stigmatization, and abandonment remained common problems.
According to reports, doctors frequently persuaded parents of children with disabilities to place their children in large government-run institutions, where care was often inadequate. Those parents who chose to keep children with disabilities at home generally faced difficulty finding adequate medical care, day care, and education for their children. Government statistics showed that almost one-quarter of persons with disabilities lived in extreme poverty. Unemployment among adults with disabilities remained a serious problem. Standards adopted for making roads and buildings accessible to persons with disabilities were subject to the Law on the Handicapped, which calls for their "gradual" implementation; compliance with the law was lax. Students with disabilities were discriminated against in access to education. The law permits universities legally to exclude otherwise qualified candidates from higher education.
The law forbids the marriage of persons with certain acute mental illnesses, such as schizophrenia. If doctors find that a couple is at risk of transmitting disabling congenital defects to their children, the couple may marry only if they agree to use birth control or undergo sterilization. The law stipulates that local governments must employ such practices to raise the percentage of healthy births. Media reports publicized the forced sterilization of mentally challenged teenagers in Nantong, Jiangsu Province.
National/Racial/Ethnic Minorities
According to the 2000 census, the population of the country's 55 officially recognized ethnic minorities totaled 106.4 million, or 8.4 percent of the total population. Additionally some citizens identified themselves as members of unrecognized ethnic minorities. Most minority groups resided in areas they traditionally inhabited. Government policy provides members of recognized minorities with preferential treatment in birth planning, university admission, access to loans, and employment. In May 2005 new regulations designed to enhance minority preferences in education became effective. Nonetheless, in practice the majority Han culture often discriminated against minorities. Most minorities in border regions were less educated, and job discrimination in favor of Han migrants remained a serious problem even in state-owned enterprises. In June the Xinjiang Production and Construction Corps announced that it would recruit 840 employees from the Xinjiang Uighur Autonomous Region, designating nearly all of the job openings for Han Chinese. Racial discrimination was the source of deep resentment in some areas, such as Xinjiang, Inner Mongolia, and Tibet. As part of the government's emphasis on building a "harmonious society," the government downplayed racism against minorities and tension among different ethnic groups. But even in the Yanbian Korean Autonomous Prefecture of Jilin Province, which the government recognized as the most "harmonious" ethnic area, there is a perceived ceiling in career advancement for ethnic Koreans.
Incomes in minority areas remained well below those in other parts of the country, particularly for minorities. Han Chinese benefited disproportionately from government programs and economic growth. Many development programs disrupted traditional living patterns of minority groups and included, in some cases, the forced relocation of persons (see section 2.d.).
The government's policy to encourage Han migration into minority areas resulted in significant increases in the population of Han Chinese in Xinjiang. According to 2005 statistics published by Xinjiang officials, nine million of Xinjiang's 19.6 million official residents were Uighur. Approximately 7.8 million Xinjiang residents were Han (40 percent of the total population), up from 300,000 Han in 1949 (6 percent of the total population). Significant numbers of Kazakhs, Hui, Kyrgyz, and other minorities also lived in Xinjiang. Official statistics underestimated the Han population because they did not count the tens of thousands of Han Chinese who were long-term "temporary workers." The migration of ethnic Han into Xinjiang in recent decades caused the Han-Uighur ratio in the capital of Urumqi to shift from 20 to 80 to 80 to 20 and was a source of Uighur resentment. According to 2005 figures, non-Tibetan residents of the TAR comprised 5.9 percent of the population, but that figure did not include a large number of long-term Han Chinese "temporary" residents. Their presence also caused resentment among some Tibetans (see Tibet Addendum).
Minorities constituted 14 percent of the NPC, which was higher than their percentage in the population. According to a 1999 government report, 2.7 million minority officials served in the government. A Xinhua report claimed that more than 25 percent of Inner Mongolia's cadres were ethnic minorities, even though ethnic minorities constituted only 21 percent out of the region's population of 23.79 million. A government report stated that ethnic minority representation in the NPC was 62.7 percent in Xinjiang, 68.2 percent in Tibet, 58.8 percent in Guangxi, 59.8 percent in Ningxia, and 40.7 percent in Inner Mongolia.
Nonetheless, Han officials held the most powerful party and government positions in minority autonomous regions, particularly Xinjiang. In April 2005 the government announced that 500 of 700 new government jobs in Southern Xinjiang would be reserved for Han Chinese. In September 2005 the Xinjiang Daily announced that 947 Han cadres were being sent to areas where ethnic unrest had occurred. Han Chinese also held a majority of positions in security services, including special border brigades and new counterterrorism brigades that had some police powers.
The government continued moving away from the two-track school systems that used either standard Chinese or the local minority language and toward a new system that required schools to teach both standard Chinese and local minority languages or to teach standard Chinese only. Prior to adopting the new policy, the vast majority of Uighur children in Xinjiang attended Uighur language schools and generally received an hour's Chinese-language instruction per day. Graduates of minority language schools typically needed intensive Chinese study before they could handle Chinese-language course work at a university. The dominant position of standard Chinese in government, commerce, and academia put graduates of minority-language schools who lacked standard Chinese proficiency at a disadvantage. Koranic education was tightly controlled and use of Arabic in public schools is forbidden (see section 2.c.). During the year the government allocated an additional $15 million (RMB 120 million) to build new schools and support technical training for minority students who drop out before high school.
A campaign in Xinjiang targeting the "three evils" of religious extremism, splittism, and terrorism continued. Authorities in Xinjiang regularly grouped together individuals or organizations involved in the three evils, making it difficult to determine whether particular raids, detentions, or judicial punishments were targeted at those peacefully seeking to express their political and religious views or those who engaged in violence (see section 2.c.). The government's war on terror continued to be used as a pretext for cracking down harshly on Uighurs expressing peaceful political dissent and on independent Muslim religious leaders. In December 2003 the government published an "East Turkestan Terrorist List," which labeled organizations such as the World Uighur Youth Congress and the East Turkestan Information Center as terrorist entities. These groups openly advocated East Turkestan independence, but only one group, the East Turkestan Islamic Movement was designated by the UN as a terrorist organization.
Uighurs were sentenced to long prison terms and many were executed on charges of separatism. During a previous "strike hard" campaign, which officially concluded in 2003, authorities stated they prosecuted more than 3,000 cases in Xinjiang and held mass sentencing rallies attended by more than 300,000 persons. By its own account, from January to August 2004 the government broke up 22 groups engaged in what it claimed were separatist and terrorist activities and meted out 50 death sentences to those charged with separatist acts. In February 2005 Uighur writer Nurmuhemmet Yasin was sentenced to 10 years in prison after publishing a short story which authorities claimed advocated separatism. In April 2005 writer Abdulla Jamal was detained in Xinjiang, reportedly for writings that promoted Uighur independence. In August 2005 10 individuals reportedly were arrested for possession of pamphlets and audiotapes that called for an independent state. Later in the year, editor of the Kashgar Literature Journal Korash Huseyin was sentenced to three years in prison. In October 2005 Ismail Semed, an ethnic Uighur from Xinjiang, was reportedly convicted and sentenced to death on charges of "attempting to split the motherland" and other counts related to possession of firearms and explosives. In 2003 Uighur Shaheer Ali was executed after being convicted of terrorism.
In June authorities charged Alim, Ablikim, and Qahar Abdurehim, three of Uighur activist and businesswoman Rebiya Kadeer's sons, with state security and economic crimes. Authorities reportedly beat and tortured Alim and Ablikim, and Alim reportedly confessed to the charges. On July 10, officials indicted Alim and Qahar and placed other family members under house arrest and surveillance.
In 2004 Uighur Dilkex Tilivaldi was detained after meeting a foreign journalist. The government refused to clarify his whereabouts (see section 1.e.).
Possession of publications or audiovisual materials discussing independence or other sensitive subjects was not permitted. According to reports, possession of such materials resulted in lengthy prison sentences.
Officials in the region defended the campaign against separatism as necessary to maintain public order and continued to use the threat of violence as justification for extreme security measures directed at the local population and visiting foreigners.
Han control of the region's political and economic institutions also contributed to heightened tension. Although government policies brought economic improvements to Xinjiang, Han residents received a disproportionate share of the benefits.
Inner Mongolian cultural activist Hada continued to serve a 15-year sentence during the year (see sections 1.c. and 1.e.).
China (includes Tibet, Hong Kong, and Macau)
Country Reports on Human Rights Practices - 2006 (The section for Tibet, the report for Hong Kong, and the report for Macauare appended below.) The People's Republic of China (PRC) is an authoritarian state in which, as specified in its constitution, the Chinese Communist Party (CCP) is the paramount source of power. Party members hold almost all top government, police, and military positions. Ultimate authority rests with the 24-member political bureau (Politburo) of the CCP and its nine-member standing committee. General Secretary Hu Jintao holds the three most powerful positions as CCP general secretary, president, and chairman of the Central Military Commission. The party's authority rested primarily on the government's ability to maintain social stability; appeals to nationalism and patriotism; party control of personnel, media, and the security apparatus; and continued improvement in the living standards of most of the country's 1.3 billion citizens. Civilian authorities generally maintained effective control of the security forces. Although the constitution asserts that "the state respects and preserves human rights," the government's human rights record remained poor, and in certain areas deteriorated. There were an increased number of high-profile cases involving the monitoring, harassment, detention, arrest, and imprisonment of journalists, writers, activists, and defense lawyers, many of whom were seeking to exercise their rights under law. The government tightened restrictions on freedom of speech and the press, including stricter control and censorship of the Internet. Nongovernmental organizations (NGOs), both local and international, continued to face increased scrutiny and restrictions. As in previous years, citizens did not have the right to change their government. Other serious human rights abuses included instances of extrajudicial killings; torture and coerced confessions of prisoners; and the use of forced labor, including prison labor. Legal reforms continued to stall, as the party and state exercised strict political control of courts and judges, and maintained closed trials and administrative detention. Executions often took place on the day of conviction or immediately after the denial of an appeal. A lack of due process and new restrictions on lawyers further limited progress toward rule of law. Individuals and groups, especially those considered politically sensitive, continued to face tight restrictions on their freedom to assemble; their freedom to practice religion, including strengthened enforcement of religious affairs regulations implemented in 2005; and their freedom to travel. The government continued its coercive birth limitation policy, in some cases resulting in forced abortion and sterilization. The government failed to adequately protect refugees, and the forced repatriation of North Koreans continued to be a grave problem. Serious social conditions that affected human rights included endemic corruption, trafficking in persons, and discrimination against women, minorities, and persons with disabilities. The government continued its severe cultural and religious repression of minorities in Tibetan areas and Xinjiang; in Xinjiang, trials and executions of Uighurs charged with separatism continued. The government continued to pursue some criminal and judicial reforms. China's highest court, the Supreme People's Court (SPC), began implementing new appellate procedures for hearing death penalty cases and took concrete steps towards reclaiming the death penalty review power from provincial courts. In July the Supreme People's Procuratorate (SPP) issued new regulations that detail criteria for prosecuting official abuses of power, and clarified that police are accountable when they use torture to coerce confessions. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life During the year politically motivated and other arbitrary and unlawful killings occurred, although no official statistics on deaths in custody were available. On September 30, People's Armed Police at the Nangpa La pass fired at a group of approximately 70 Tibetans attempting to cross into Nepal, killing 17-year-old nun Kelsang Namtso and wounding others (see Tibet Addendum). In December 2005 police shot and killed at least three protesters in Dongzhou Village, Guangdong Province. Villagers claimed that as many as 20 villagers were shot and killed by paramilitary riot police, with approximately 40 others missing. The government said the shooting occurred after protesters threw explosives at police and claimed that three protesters were killed. On May 24, 13 villagers from Dongzhou were sentenced to prison terms ranging from three to seven years for alleged crimes during the protest. Four government officials were given internal warnings, but only the deputy director of the local Public Security Bureau (PSB) was removed from his position. Trials involving capital offenses sometimes took place under circumstances involving severe lack of due process and with no meaningful appeal. Some executions took place on the day of conviction or failed appeal. In past years executions of Uighurs whom authorities accused of separatism, but which some observers claimed were politically motivated, were reported (see sections 1.e. and 5). The government regarded the number of death sentences it carried out as a state secret. However, in March 2004 a National People's Congress (NPC) deputy asserted that nearly 10,000 cases per year "result in immediate execution," a figure SPC and Ministry of Justice officials stated was exaggerated. Foreign experts estimated that the country executed between 5,000 and 12,000 persons each year. Media reports stated that approximately 10 percent of executions were for economic crimes, especially corruption. The SPC began implementing new appellate procedures requiring it to review all death sentences, thus consolidating and reclaiming the death penalty review power from provincial courts. The SPC and SPP issued a joint interpretation to establish specific guidelines for how local courts and procuratorates should handle death penalty appeals. The SPC added three new tribunals to conduct reviews of death sentences and hired hundreds of personnel to staff the new tribunals, but at year's end it had not begun exercising its reclaimed review authority. The SPC has not issued a judicial interpretation to settle unresolved issues in the death penalty review process and to clarify its own procedures for final review (see section 1.e.). b. Disappearance Tsewangnorbu, a Web master for a Web site run by the Snow Country Tibetans, was not heard from after Gansu Province security authorities shut down the Web site in March 2005, according to NGOs. His whereabouts remained unknown. In October Shi Xiaoyu was reportedly detained in Zhejiang Province after writing about labor disputes online. His status remained unknown. Shanghai petitioner Chen Xiaoming was detained by police in February, and his whereabouts remain unknown. At year's end the government had not provided a comprehensive, credible accounting of all those killed, missing, or detained in connection with the violent suppression of the 1989 Tiananmen demonstrations. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The law forbids prison guards from extorting confessions by torture, insulting prisoners' dignity, and beating or encouraging others to beat prisoners. However, police and other elements of the security apparatus employed widespread torture and degrading treatment when dealing with some detainees and prisoners. UN Rapporteur on Torture Manfred Nowak's March report to the UN Commission on Human Rights blamed the prevalence of torture on institutional weakness and lack of judicial independence in a system that pressures police to solve cases and allows them wide discretion in matters of arrest and detention. Former detainees credibly reported that officials used electric shocks, beatings, shackles, and other forms of abuse. In January four teenagers from Anhui Province were released from custody. Media reports said authorities were investigating three police officers on suspicion of using torture to coerce false confessions from the teenagers. Public security officials acknowledged that the teenagers' cases were mishandled. In June authorities charged Alim, Ablikim, and Qahar Abdurehim, three of Uighur businesswomen Rebiya Kadeer's sons, with state security and economic crimes. Authorities beat Alim and Ablikim, and Alim confessed to the charges against him after reportedly being tortured. In October 2005 Falun Gong adherents Liu Boyang and Wang Shuohui of Changchun, Jilin Province reportedly died in custody after being tortured by police. Beijing-based petitioner leader Ye Guozhu was reportedly tortured and abused in prison, including beatings with electric batons, suspension from the ceiling by his arms, and shackled and forced to sit in extreme positions for extended periods of time. Inner Mongolian cultural activist Hada was also reportedly tortured. Approximately half of all alleged acts of torture occurred in pretrial criminal detention centers or reeducation-through-labor centers. In February the Ministry of Justice established punishments for prison and reeducation-through-labor police who beat, or induce others to beat, prisoners. In March UN Special Rapporteur Nowak reaffirmed earlier findings that torture remained widespread. Nowak reported that beatings with fists, sticks, and electric batons continued to be the most common tortures. He also found that prisoners continued to suffer cigarette burns, prolonged periods of solitary confinement, and submersion in water or sewage, and that they were made to hold extreme positions for long periods, were denied medical treatment, and were forced to do hard labor. Death row inmates were shackled or handcuffed 24 hours per day and systematically abused to break their will and force confession. According to Nowak, officials specifically targeted house church groups, Falun Gong adherents, Tibetans, and Uighur prisoners for abuse. Nowak found that procedural and substantive measures to prevent torture were inadequate. Since the crackdown on Falun Gong began in 1999, estimates of the numbers of Falun Gong adherents who died in custody due to torture, abuse, and neglect ranged from several hundred to a few thousand (see section 2.c.). UN Special Rapporteur Nowak reported in March that Falun Gong practitioners accounted for 66 percent of victims of alleged torture while in government custody. The Ministry of Public Security (MPS) began audio and video taping of police interrogations in homicide and organized crime cases in an attempt to prevent coerced confessions. In May the government concluded a campaign to curb coerced confessions. The campaign exposed 3,700 cases of official abuse and resulted in 1,924 prosecutions and 1,450 convictions. On November 29, the PSB punished 100 alleged prostitutes and their procurers in an act of public shaming in the southern city of Shenzhen. Officials paraded the women in front of jeering crowds, revealed their names and alleged crimes over a loudspeaker, and then sentenced them to administrative detention without trial. According to reports, the purpose of this campaign was to dissuade women from turning to prostitution and intimidate men who patronized brothels. Sexual and physical abuse and extortion were reported in some detention centers. Falun Gong activists reported that police raped female practitioners, including an incident in November 2005 at the Dongchengfang police station in Tunzhou City, Hebei Province, in which two women were raped while in detention. According to foreign researchers, the country had 20 ankang institutions (high-security psychiatric hospitals for the criminally insane) directly administered by the Ministry of Public Security. Persons committed to these institutions had no mechanism for objecting to public security officials' determinations of mental illness. Some dissidents, persistent petitioners, and others were housed with mentally ill patients in these institutions. Patients in these hospitals were reportedly given medicine against their will and forcibly subjected to electric shock treatment. The regulations for committing a person into an ankang psychiatric facility were not clear. Credible reports indicated that a number of political and trade union activists, underground religious believers, persons who repeatedly petitioned the government, members of the banned China Democratic Party, and Falun Gong adherents were incarcerated in such facilities during the year. These included Wang Miaogen, Wang Chanhao, Pan Zhiming, and Li Da, who were reportedly held in an ankang facility run by the Shanghai PSB. Activists sentenced to administrative detention also reported they were strapped to beds or other devices for days at a time, beaten, forcibly injected or fed medications, and denied food and use of toilet facilities. Prison and Detention Center Conditions The Ministry of Justice administered more than 700 prisons with a population of more than 1.8 million inmates, according to 2005 official statistics. In addition, 30 jails for juveniles held approximately 22,000 juvenile offenders. The country also operated hundreds of administrative detention centers, which were run by security ministries and administered separately from the formal court system (see section 2.d.). Conditions in penal institutions for both political prisoners and common criminals generally were harsh and degrading. Prisoners and detainees often were kept in overcrowded conditions with poor sanitation. Prison capacity was an increasing problem in some areas. Food often was inadequate and of poor quality, and many detainees relied on supplemental food and medicines provided by relatives; some prominent dissidents were not allowed to receive such goods. During the year new reports from overseas medical and legal experts asserted that the government harvested organs from executed prisoners without consent. At least one formal complaint was filed with the government by a family alleging that their executed son's organs were harvested before the body was returned to the family for burial. In July 2005 Vice Minister of Health Huang Jiefu confirmed that the majority of organs used in transplants in the country come from executed prisoners. A Ministry of Health directive prohibits buying and selling human organs and tissues and requires that organ donations from deceased individuals be "handled according to society's ethical and moral principles." However, new regulations that went into effect in July focus on organ trade, which refers to persons voluntarily selling their organs, a practice rare in China, but leave intact old provisions that legalize organ harvesting if no one claims the body for burial. Critics also assert that the regulations apply to Ministry of Health hospitals but not military hospitals, where it is alleged that transplants for foreigners were conducted. Adequate, timely medical care for prisoners remained a serious problem, despite official assurances that prisoners have the right to prompt medical treatment. Labor activist Xiao Yunliang remained in prison in very poor health. Other prisoners with health concerns included democracy activists Qin Yongmin, Hua Di, Wang Sen, and He Depu; Internet writers Yang Zili and Luo Yongzhang; labor activists Hu Shigen and Zhang Shanguang; Inner Mongolian activist Hada; foreign residents Yang Jianli and Wang Bingzhang; and religious prisoners Zhang Rongliang, Liu Fenggang, and Gong Shengliang. Acknowledging guilt was a precondition for receiving certain prison privileges, including the ability to purchase outside food, make telephone calls, and receive family visits. Prison officials often denied privileges to those, including political prisoners, who refused to acknowledge guilt. Conditions in administrative detention facilities, such as reeducation-through-labor camps, were similar to those in prisons. Beating deaths occurred in administrative detention and reeducation-through-labor facilities. The law requires juveniles to be held separately from adults, unless facilities are insufficient. In practice, children sometimes were held with adult prisoners and required to work (see sections 1.d. and 6.c.). Political prisoners were segregated from each other and placed with common criminals, who sometimes beat political prisoners at the instigation of guards. Newly arrived prisoners or those who refused to acknowledge committing crimes were particularly vulnerable to beatings. The government generally did not permit independent monitoring of prisons or reeducation-through-labor camps, and prisoners remained inaccessible to most international human rights organizations. In July 2005 the International Committee of the Red Cross (ICRC) opened a regional delegation in Beijing, although the government did not grant the ICRC access to prisons. d. Arbitrary Arrest or Detention Arbitrary arrest and detention remained serious problems. The law permits police and security authorities to detain persons without arresting or charging them. Because the government tightly controlled information, it was impossible to determine accurately the total number of persons subjected to arbitrary arrest or detention. According to 2005 official statistics, 500,000 persons were held in 310 reeducation-through-labor camps. In 2004, special administrative detention facilities held more than 350,000 offenders. The government also confined some Falun Gong adherents, petitioners, labor activists, and others to psychiatric hospitals. Role of the Police and Security Apparatus The security apparatus is made up of the Ministries of State Security and Public Security, the People's Armed Police, the People's Liberation Army (PLA), and the state judicial, procuratorial, and penal systems. The Ministries of State Security and Public Security were responsible for internal security. SPP and SPC officials admitted that courts and prosecutors often deferred to the security ministries on policy matters and individual cases. The PLA was responsible for external security, but also had some domestic security responsibilities. The MPS coordinates the country's law enforcement, which is administratively organized into local, county, provincial, and specialized police agencies. Recent efforts have been made to strengthen historically weak regulation and management of law enforcement agencies; however, judicial oversight was limited, and checks and balances were absent. Corruption at the local level was widespread. Police officers reportedly coerced victims, took individuals into custody without just cause, arbitrarily collected fees from individuals charged with crimes, and mentally and physically abused victims and perpetrators. The SPP acknowledged continuing widespread abuse in law enforcement. In July the SPP issued new standards for prosecuting official abuses of power. Domestic news media reported the convictions of several public security officials who had beaten to death suspects or prisoners in their custody. Nonetheless, investigation of misconduct typically only came in response to publicity, public pressure, and persistent efforts by relatives of victims to petition the government. In July an SPP spokesperson said there were many abuse of power cases that the procuratorates did not dare handle. Arrest and Detention Public security organs do not require court-approved warrants to detain suspects under their administrative detention powers. After detention, the procuracy can approve formal arrest without court approval. The courts, the procuracy, and public security organs grant bail only in a small minority of cases. Access to lawyers is limited before formal charges are filed, and lawyers generally cannot discuss the substance of a detainee's case with the detainee before formal charges are filed. Administrative detention was frequently used to intimidate political activists and prevent public demonstrations (see section 2.b.). The government was reforming its administrative punishment system, but reforms seek to codify rather than abolish it. In March the new public order administrative punishment law went into effect. The law provides for administrative review of detention decisions, bans administrative detention of minors, the elderly, pregnant women, and nursing mothers, places limits on interrogation, and limits the maximum period for public order detentions to 20 days. However, the law also establishes more severe punishments and creates 165 new offences subject to administrative punishment, including illegal demonstrations, disturbing social order in the name of religion, invasion of privacy, and publication that incites ethnic or national hostility or discrimination. Police continued to hold individuals without granting access to family members or lawyers, and some trials continued to be conducted in secret. Detained criminal suspects, defendants, their legal representatives, and close relatives were entitled to apply for bail; however, in practice few suspects were released on bail pending trial. Extended, unlawful detention remained a problem. In January the government reported to UN Special Rapporteur Nowak that there were no serious cases of extended detention lasting more than three years and that cases of persons held beyond lawful time limits were at an all-time low. In May the SPP acknowledged that unlawful extended detentions remain a problem and that authorities misused legal provisions to hide this. Law enforcement officials continued to detain citizens for long periods without formal charge or trial. A number of politically sensitive individuals were held for periods longer than the time authorized by law, which varied depending on the stage a case is in. In some cases, investigating security agents or prosecutors sought repeated extensions, resulting in pretrial detention of a year or longer. The government used incommunicado detention. The law requires notification of family members within 24 hours of detention, but individuals were often held without notification for significantly longer periods, especially in politically sensitive cases. Under a sweeping exception, officials were not required to provide notification if doing so would "hinder the investigation" of a case. In some cases police treated those with no immediate family more severely. Citizens who were reportedly detained with no or severely delayed notice included HIV/AIDS activist Hu Jia, blind legal activist Chen Guangcheng, attorney Zhu Jiuhu, petitioner advocate Hou Wenzhuo, and writer Guo Feixiong (also known as Yang Maodong). On February 16, Hu Jia was detained and held incommunicado for 41 days, until March 28 (see sections 1.d. and 4). During Hu's detention, police questioned him about his contacts with rights lawyer Gao Zhisheng. On August 15, Gao was likewise detained and thereafter held incommunicado by government authorities. The law permits nonjudicial panels, called labor reeducation panels, to sentence persons without trial to three years in reeducation-through-labor camps or other administrative detention programs. The labor reeducation committee is authorized to extend a sentence up to one year. Defendants could challenge reeducation-through-labor sentences under the administrative litigation law and appeal for a reduction in, or suspension of, their sentences (see section 1.e.). However, appeals rarely succeeded. Many other persons were detained in similar forms of administrative detention, known as "custody and education" (for prostitutes and those soliciting prostitutes) and "custody and training" (for minors who committed crimes). Administrative detention was frequently used to intimidate political activists and prevent public demonstrations (see section 2.b.). A special form of reeducation centers was used to detain Falun Gong practitioners who had completed terms in reeducation through labor but whom authorities decided to continue detaining. Authorities arrested persons on charges of revealing state secrets, subversion, and common crimes to suppress political dissent and social advocacy. Citizens also were detained and prosecuted under broad and ambiguous state secrets laws for, among other actions, disclosing information on criminal trials, meetings, and government activity. Information could retroactively be classified a state secret by the government. Citizens writing on the Internet were detained, arrested, and sentenced on state secrets and subversion charges during the year (see section 2.a.). Among those specially targeted for arbitrary detention or arrest during the year were current and former China Democracy Party (CDP) activists, Falun Gong practitioners, domestic and foreign journalists, unregistered religious figures, and former political prisoners and their family members. Gao Zhisheng was detained and questioned several times during the year. On August 15, authorities reportedly abducted Gao from his sister's home in Shandong Province and thereafter detained him. Gao's wife and children were under house arrest in Beijing. On November 24, Gao Zhisheng's wife, Geng He, was attacked by local officials while shopping in Beijing. In February activist Hu Jia disappeared after launching a hunger strike protesting government abuses. Officials held Hu for 41 days at an undisclosed location without any legal formalities or notice to his family (see section 1.b.). The government continued to use house arrest as a nonjudicial punishment and control measure against dissidents, former political prisoners, family members of political prisoners, petitioners, underground religious figures, and others it deemed politically sensitive. In some cases house arrest involved constant monitoring, but the target of house arrest was occasionally permitted to leave the home to work or run errands. When outside the home, the subject of house arrest was usually, but not always, under surveillance. House arrest encompassed varying degrees of stringency but sometimes included complete isolation in one's own home or another location under lock and guard. In some instances security officials assumed invasive positions within the family home, rather than monitoring from the outside. Former senior leader Zhao Ziyang died in January 2005, after spending more than 15 years under house arrest in Beijing for his support of student demonstrations at Tiananmen in 1989. Zhao's former aide Bao Tong remained under similar surveillance in his home. In September 2005 blind legal advisor and family planning whistleblower Chen Guangcheng was placed under house arrest without charge or trial for nine months. Local authorities did not formally notify Chen of his criminal detention until June 10 (see section 1.e.). On June 5, activist lawyer Zheng Enchong was released from prison and placed under house arrest. Several underground Catholic priests and bishops were under house arrest for varying periods during the year. The longest serving among them may be Bishop Su Zhimin, who has reportedly been detained in a form of house arrest in Baoding, Hebei Province, since 1997. An unverified press report circulated in June stated that Bishop Su had died in custody. The government did not respond to this report. Police continued the practice of placing under surveillance, harassing, and detaining citizens around politically sensitive events, including before the first anniversary of Zhao Ziyang's death in January, the plenary sessions of the NPC and Chinese People's Political Consultative Conference (CPPCC) in March, and the anniversary of the founding of the PRC in October. Authorities in Xinjiang used house arrest and other forms of arbitrary detention against those accused of the "three evils" of extremism, splittism, and terrorism. Because authorities failed to distinguish carefully between peaceful activities supporting independence, "illegal" religious activities, and violent terrorism, it was difficult to determine whether raids, detentions, arrests, or judicial punishments were targeted at those peacefully seeking political goals, those seeking worship, or those engaged in violence (see section 5). Others held under house arrest for varying periods during the year included Tiananmen activist Qi Zhiyou, Internet writer Liu Di, underground Catholic bishops Jia Zhiguo and Wei Jingyi, members of the Tiananmen Mothers organization and of the Independent PEN Center for Freedom to Write. Family members of some detained political prisoners reported being under house arrest or other surveillance. Officials deployed a wide range of tactics to obstruct the work of lawyers representing sensitive clients, including unlawful detentions, disbarment, intimidation, refusal to allow a case to be tried before a court and physical abuse. According to the law, defense attorneys can be held responsible if their client commits perjury, and prosecutors and judges have wide discretion to decide what constitutes perjury. According to the All-China Lawyers Association, since 1997 more than 500 defense attorneys have been detained. More than 80 percent were acquitted, but the prosecutions nevertheless had a chilling effect on attorneys' willingness to handle controversial defense cases. In 1990 Beijing attorneys handled an annual average of 2.64 criminal cases; by 2000 the figure had dropped to 0.78. Nationwide, attorneys handled an average of only 0.72 criminal cases in 2004. On June 10, blind legal activist Chen Guangcheng, who publicized local officials' abuses in family planning policies, was formally arrested after nine months of informal house arrest. Local officials physically abused Chen several times after he tried to file lawsuits objecting to their abuses. Officials threatened attorneys and law professors who rallied to defend Chen. In June and July, local authorities obstructed attempts by lawyers to gather evidence in Chen Guangcheng's defense. The night before Chen's August 18 trial, local authorities detained Chen's lawyers on spurious charges, which were later dropped. The following day, court-appointed attorneys effectively conceded the case against Chen. On August 24, Chen was sentenced to four years' and three months' imprisonment on dubious charges of obstructing traffic and inciting others to destroy public property. Chen's case was later remanded for retrial, where he was represented by his own lawyers. However, courts affirmed Chen's original conviction and sentence on retrial and then again on appeal. In February lawyer Tang Jingling was beaten by thugs after visiting Guo Feixiong, who was under house arrest after helping villagers attempt to recall the elected village head of Taishi, Guangdong Province. Police refused to investigate the incident. In April Tang, who had begun practicing law at a second firm, was stripped of his license to practice law and dismissed from that law firm. According to the law, in routine criminal cases police can unilaterally detain persons for up to 37 days before releasing them or formally placing them under arrest. After a suspect is arrested, the law allows police and prosecutors to detain a person for up to seven months while public security organs further investigate the case. Another one and one-half months of detention are allowed where public security organs refer a case to the procuratorate to decide whether to file charges. If charges are filed, authorities can detain a suspect for an additional one and one-half month period between filing and trial. However, in practice the police detained persons beyond the time limits stipulated by law. In some cases, investigating security agents or prosecutors sought repeated extensions, resulting in pretrial detention of a year or longer. It was uncertain how many other prisoners were similarly detained. Beijing authorities held New York Times researcher Zhao Yan from September 17, 2004, until his trial on June 16. Authorities asserted that the pretrial extension was justified by special exceptions to the time limits, but Zhao and his lawyer claimed that the extended pretrial detention was unlawful. e. Denial of Fair Public Trial The law states that the courts shall exercise judicial power independently, without interference from administrative organs, social organizations, and individuals. However, in practice the judiciary was not independent. It received policy guidance from both the government and the CCP, whose leaders used a variety of means to direct courts on verdicts and sentences, particularly in politically sensitive cases. At both the central and local levels, the government and CCP frequently interfered in the judicial system and dictated court decisions. Trial judges decide individual cases under the direction of the trial committee in each court. In addition, the CCP's law and politics committee, which includes representatives of the police, security services, procuratorate, and courts, had the authority to review and influence court operations at all levels of the judiciary; in some cases the committee altered decisions. People's congresses also had authority to alter court decisions, but this happened rarely. Corruption often influenced judicial decision making, and safeguards against corruption were vague and poorly enforced (see section 3). In 2005 378 judges were investigated for taking bribes, and 66 were found criminally liable. Local governments appointed judges at the corresponding level of the judicial structure. Judges received their court finances and salaries from these government bodies and could be replaced by them. Local authorities often exerted undue influence over the judges they appointed and financed. The SPC is followed in descending order by the higher, intermediate, and basic people's courts. These courts handle criminal, civil, and administrative cases, including appeals of decisions by police and security officials to use reeducation through-labor and other forms of administrative detention. There were special courts for handling military, maritime, and railway transport cases. The CCP used a form of discipline known as shuang gui for violations of CPP discipline, but there were reports of its use against nonparty members. Shuang gui is similar to house arrest and can be authorized without judicial involvement or oversight. Shuang gui requires the CCP party member under investigation to submit to questioning at a designated place for a set period of time. According to regulations of the Central Discipline Inspection Commission (CDIC) governing shuang gui, corporal punishment is banned, the member's dignity must be respected, and he or she is regarded as a comrade unless violations are proved. Absent any legal oversight, it is unclear how these regulations were enforced in practice. Trial Procedures Trials took place before a judge, who often was accompanied by "people's assessors," lay persons hired by the court to assist in decision making. According to statistics published during the year, there were 48,211 people's assessors. According to law, people's assessors had authority similar to judges, but in practice they deferred to judges and did not exercise an independent jury-like function. The law gives most suspects the right to seek legal counsel shortly after their initial detention and interrogation, although police often circumvented defendants' right to seek counsel. Individuals who faced administrative detention do not have the right to seek legal counsel. The government expanded the scope of legal aid and required authorities to notify criminal defendants of their right to apply for legal aid. Both criminal and administrative cases remained eligible for legal aid, although 70 percent or more of criminal defendants still went to trial without a lawyer. According to the Ministry of Justice, during the first half of the year legal aid was granted in 124,800 cases. The number of government lawyers providing legal aid remained inadequate to meet demand. Nonattorney legal advisors and government employees provided the only legal aid options in many areas. According to government statistics, more than 10,000 employees provided legal aid at 3,155 legal aid centers. New regulations required law firms and private attorneys to provide some legal aid. During 2005 courts waived more than $158 million (RMB 1.27 billion) in litigation costs. Government-employed lawyers often refused to represent defendants in politically sensitive cases and defendants frequently found it difficult to find an attorney. When defendants were able to retain counsel in politically sensitive cases, government officials sometimes prevented effective representation of counsel. From June to August, local authorities obstructed lawyers' efforts to prepare Chen Guangcheng's defense and detained Chen's lawyers the night before his trial. During the trial, court-appointed defense counsel conceded much of the case against Chen (see section 1.d.). After the initial trial, officials obstructed Chen's lawyers' efforts to investigate and develop their case. In some sensitive cases, lawyers had no pretrial access to their clients, and defendants and lawyers were not allowed to speak during trials. In practice criminal defendants often were not assigned an attorney until a case was brought to court. For example, officials detained prominent rights attorney Gao Zhisheng on August 15 on "suspicion of involvement in criminal activity" and subsequently deprived Gao of his right to counsel by obstructing efforts to formalize Gao's representation. Officials later claimed that Gao declined representation by counsel. Even in nonsensitive criminal trials, only one of seven defendants had legal representation, according to credible reports. The mechanism that allows defendants to confront their accusers was inadequate; according to one expert, only 1 to 5 percent of trials involved witnesses. In most criminal trials prosecutors read witness statements, which neither the defendant nor his lawyer have an opportunity to question. Approximately 95 percent of witnesses in criminal cases did not appear in court to testify, in part due to hardship or fear of reprisals. Although criminal procedure law says pretrial witness statements cannot serve as the sole basis for conviction, officials relied heavily on such statements to support their cases. Defense attorneys had no authority to compel witnesses to testify or to mandate discovery, although they could apply for access to government-held evidence relevant to their case. In practice, pretrial access to information was minimal, and the defense often lacked adequate opportunity to prepare for trial. The criminal justice system was biased toward a presumption of guilt, especially in high-profile or politically sensitive cases. The conviction rate for first-instance criminal cases rose slightly and remained above 99 percent in 2005. In many politically sensitive trials, which rarely lasted more than several hours, the courts handed down guilty verdicts immediately following proceedings. Courts often punished defendants who refused to acknowledge guilt with harsher sentences than those who confessed. There was an appeals process, but appeals rarely resulted in reversed verdicts. Appeals processes failed to provide sufficient avenue for review, and there were inadequate remedies for violations of defendants' rights. Nationwide, appeals resulted in changed verdicts in only 0.36 percent of all cases, including capital cases. SPC regulations require all trials to be open to the public, with certain exceptions, such as cases involving state secrets, privacy, and minors. Authorities used the legal exception for cases involving state secrets to keep politically sensitive proceedings closed to the public and sometimes even to family members, and to improperly withhold access to defense counsel. Under the regulations, foreigners with valid identification are allowed the same access to trials as citizens, but in practice foreigners were permitted to attend court proceedings by invitation only. As in past years, foreign diplomats and journalists sought permission to attend a number of trials only to have court officials reclassify them as "state secret" cases, fill all available seats with security officials, or otherwise close them to the public. Some trials were broadcast, and court proceedings were a regular television feature. A few courts published their verdicts on the Internet. There was no adversary system, no presumption of innocence, and judges and prosecutors typically used an inquisitorial style to question the defendant, who was often the only witness. The law affords no right to remain silent, no protection against double jeopardy, and no rules governing the type of evidence that may be introduced. Police and prosecutorial officials often ignored the due process provisions of the law. The lack of due process was particularly egregious in death penalty cases. There were at least 68 capital offenses, including nonviolent financial crimes such as counterfeiting currency, embezzlement, and corruption. Executions were often carried out on the date of conviction. In February the Guangdong High Court announced that the death penalty could be applied in bag-snatching cases. Previously, the maximum sentence was three years. Following reports of wrongful murder convictions in 2005, the SPC made reform of the death penalty review process a top priority. During the year the SPC began implementing new appellate procedures for hearing death penalty cases, in an effort to reclaim the death penalty review power from provincial courts. The SPC added three new tribunals to handle the death penalty review function and some provincial-level high courts began conducting hearings in death penalty cases. The government also strengthened institutions, including legal aid centers, to assist citizens with legal claims. The government regarded the number of executions a state secret. Minors and pregnant women expressly were exempt from the death sentence, although in the past the government executed a few criminals who were under age 18 at the time they committed an offense. Courts lacked the independence and authority to rule on the constitutionality of laws. The law permits organizations or individuals to question laws and regulations they believe contradict the constitution, but a constitutional challenge first requires consultation with the body drafting the questioned regulation and can only be appealed to the NPC. Accordingly, lawyers had little or no opportunity to use the constitution in litigation. Political Prisoners and Detainees Government officials continued to deny holding any political prisoners, asserting that authorities detained persons not for their political or religious views, but because they violated the law; however, the authorities continued to confine citizens for reasons related to politics and religion. Tens of thousands of political prisoners remained incarcerated, some in prisons and others in reeducation-through-labor camps or administrative detention. The government did not grant international humanitarian organizations access to political prisoners. Western NGOs estimated that approximately 500 persons remained in prison for the repealed crime of "counterrevolution," and thousands of others were serving sentences under the state security law, which authorities stated covers crimes similar to counterrevolution. Persons who continued to be detained for counterrevolutionary offenses included labor activist Hu Shigen; Inner Mongolian activist Hada; and dissidents Yu Dongyue, Zhang Jingsheng, and Sun Xiongying. Foreign governments urged the government to review the cases of those charged before 1997 with counterrevolution and to release those who had been jailed for nonviolent offenses under provisions of the Criminal Law, which were eliminated when the law was revised. To date, no such review has occurred. The government maintained that counterrevolutionary prisoners were eligible for parole and early release on an equal basis with other prisoners but provided no evidence to support this assertion. Amnesty International has identified by name more than 80 persons who remained imprisoned or on medical parole for their participation in the 1989 Tiananmen demonstrations; other NGOs estimated that as many as 200 persons remained in prison for political activities connected to the demonstrations. Many political prisoners remained in prison or under other forms of detention during the year, including journalists Zhao Yan, Shi Tao, and Jiang Weiping; Internet writers Yang Zili and Xu Wei; labor activist Yao Fuxin; China Democracy Party cofounder Qin Yongmin; political dissident Yang Jianli; family planning whistleblower Chen Guangcheng; Su Zhimin and other underground Catholic bishops; house Christian activists Zhang Rongliang, Cai Zhuohua, and Liu Fenggang; Uighurs Tohti Tunyaz and Dilkex Tilivaldi; Tibetans Jigme Gyatso, Tenzin Deleg, and Gendun Choekyi Nyima; and Inner Mongolian cultural activist Hada. Political prisoners obtained parole and sentence reduction much less frequently than ordinary prisoners. Criminal punishments included "deprivation of political rights" for a fixed period after release from prison, during which the individual is denied the already limited rights of free speech and association granted to other citizens. Former prisoners sometimes found their status in society, ability to find employment, freedom to travel, and access to residence permits and social services severely restricted. Former political prisoners and their families frequently were subjected to police surveillance, telephone wiretaps, searches, and other forms of harassment, and some encountered difficulty in obtaining or keeping employment and housing (see section 1.f.). Civil Judicial Procedures and Remedies Courts deciding civil matters suffer from internal and external limitations on judicial independence. The State Compensation Law provides administrative and judicial remedies for deprivations of criminal rights, such as wrongful arrest or conviction, extortion of confession by torture, or unlawful use of force resulting in bodily injury. In civil matters, prevailing parties often find it difficult to enforce court orders, and resistance to the enforcement sometimes extends to forcible resistance to court police. f. Arbitrary Interference with Privacy, Family, Home, or Correspondence The law states that the "freedom and privacy of correspondence of citizens are protected by law"; however, the authorities often did not respect the privacy of citizens in practice. Although the law requires warrants before law enforcement officials can search premises, this provision frequently was ignored; moreover, the PSB and prosecutors could issue search warrants on their own authority without judicial consent, review, or consideration. Cases of forced entry by police officers continued to be reported. During the year authorities monitored telephone conversations, facsimile transmissions, e-mail, text messaging, and Internet communications. Authorities also opened and censored domestic and international mail. The security services routinely monitored and entered residences and offices to gain access to computers, telephones, and fax machines. All major hotels had a sizable internal security presence, and hotel guestrooms were sometimes bugged and searched for sensitive or proprietary materials. Some citizens were under heavy surveillance and routinely had their telephone calls monitored or telephone service disrupted. The authorities frequently warned dissidents and activists, underground religious figures, former political prisoners, and others whom the government considered to be troublemakers not to meet with foreigners. During the year police ordered many such citizens not to meet with foreign journalists or diplomats, especially before sensitive anniversaries, at the time of important government or party meetings, and during the visits of high-level foreign officials. Security personnel also harassed and detained the family members of political prisoners, including following them to meetings with foreign reporters and diplomats and urging them to remain silent about the cases of their relatives. In 2005 family members of prisoners were discouraged or prevented from meeting with the UN special rapporteur on torture. Forced relocation because of urban development continued, and in some locations, increased during the year. Protests over relocation terms or compensation, some of which included thousands of participants, were common, and some protest leaders were prosecuted during the year (see sections 2.b. and 3). Many evictions in Beijing were linked to construction for the 2008 Olympics. In rural areas, relocation for major state projects, such as dams, and for commercial development resulted in the forced relocation of millions of persons. The country's birth planning policies retained harshly coercive elements in law and practice. The laws restrict the rights of families to choose the number of children they have and the period of time between births. The penalties for violating the law are strict, leaving some women little choice but to abort pregnancies. In addition, implementation of the policy by local officials resulted in serious violations of human rights. Reports of forced sterilizations and abortions, in violation of the national law, continued to be documented in rural areas. During the year officials in Chongqing municipality and in Fujian Province reportedly forcibly sterilized women. In June Western media reported that a woman fell to her death while fleeing Anhui authorities who were trying to force her to abort twins. The law standardizes the implementation of the government's birth limitation policies; however, enforcement varied significantly from place to place. The law grants married couples the right to have one birth and allows eligible couples to apply for permission to have a second child if they meet conditions stipulated in local and provincial regulations. Many provincial regulations require women to wait four years or more after their first birth before making such an application. According to the UN Population Fund (UNFPA), the spacing requirement was removed in eight and relaxed in 10 of 30 counties across 30 provinces participating in UNFPA's "Fifth Country Program." The law requires couples that have an unapproved child to pay a "social compensation fee," which sometimes reached 10 times a person's annual disposable income, and grants preferential treatment to couples who abide by the birth limits. Although the law states that officials should not violate citizens' rights, these rights, as well as penalties for violating them, are not clearly defined. The law provides significant and detailed sanctions for officials who help persons evade the birth limitations. Social compensation fees are set and assessed at the local level. The law requires family planning officials to obtain court approval before taking "forcible" action, such as detaining family members or confiscating and destroying property of families who refuse to pay social compensation fees. However, in practice this requirement was not always followed. The one-child limit was more strictly applied in the cities, where only couples meeting certain conditions (e.g., both parents are only children) were permitted to have a second child. In most rural areas (including towns of under 200,000 persons), which included approximately 60 percent of the country's population, the policy was more relaxed, generally allowing couples to have a second child if the first was a girl or had a disability. Central government policy formally prohibits the use of physical coercion to compel persons to submit to abortion or sterilization, although reports of physical coercion to meet birth targets continued. Provinces were responsible for implementation of the regulations. All provincial-level governments except the Tibet Autonomous Region (TAR) amended their regulations to conform to the new law. For example, Anhui Province passed a law permitting 13 categories of couples, including coal miners, some remarried divorcees, and some farm couples, to have a second child. Ethnic minorities like the Uighurs and the Tibetans are also allowed more than one child. Seven provinces--Anhui, Hebei, Heilongjiang, Hubei, Hunan, Jilin, and Ningxia--require "termination of pregnancy" if the pregnancy violates provincial family planning regulations. An additional 10 provinces--Fujian, Guizhou, Guangdong, Gansu, Jiangxi, Qinghai, Sichuan, Shanxi, Shaanxi, and Yunnan--require unspecified "remedial measures" to deal with out-of-plan pregnancies. In order to delay childbearing, the law sets the minimum marriage age for women at 20 years and for men at 22 years. It continued to be illegal in almost all provinces for a single woman to have a child. Social compensation fees were levied on unwed mothers. The country's population control policy relied on education, propaganda, and economic incentives, as well as on more coercive measures such as the threat of job loss or demotion and social compensation fees. Psychological and economic pressures were common. According to provincial regulations, the fees ranged from one-half to 10 times the average worker's annual disposable income. Those who violated the child limit policy by having an unapproved child or helping another to do so faced disciplinary measures such as job loss or demotion, loss of promotion opportunity, expulsion from the party (membership in which was an unofficial requirement for certain jobs), and other administrative punishments, including in some cases the destruction of property. In the case of families that already had two children, one parent was often pressured to undergo sterilization. These penalties sometimes left women with little practical choice but to undergo abortion or sterilization. There were several rewards for couples who adhered to birth limitation laws and policies, including monthly stipends and preferential medical and educational benefits. The National Population and Family Planning Commission (NPFPC) expanded a number of programs to encourage smaller families. For example, new pension benefits were made available nationwide for those who adhered to birth limitation laws. The law states that family planning bureaus will conduct pregnancy tests on married women and provide them with unspecified "follow-up" services. Some provinces fine women who do not undergo periodic pregnancy tests. For example, in Hebei fines ranges from $25 to $62.50 (RMB 200 to 500) and in Henan from $6 to $62.50 (RMB 50 to 500). Officials at all levels remained subject to rewards or penalties based on meeting the population goals set by their administrative region. Promotions for local officials still depended in part on meeting population targets. There continued to be sporadic reports of violations of citizens' rights by local officials attempting to reduce the number of births in their region. The most egregious reports occurred in 2005 in Linyi, Shandong Province. International press reports alleged that local official detained some 130,000 persons and forced them to submit to abortions or sterilization procedures. At least 7,000 persons were forcibly sterilized. Local officials profited from this illegal system by charging detention fees. Local rights activists documented several cases of forced late-term abortions. According to law, citizens may sue officials who exceed their authority in implementing birth-planning policy. However, local officials retaliated with impunity against whistleblower Chen Guangcheng for his work in exposing the Linyi family planning abuses. In August Chen was sentenced to four years' and three months' imprisonment on dubious charges of obstructing traffic and damaging public property (see section 1.e.). Laws and regulations forbid the termination of pregnancies based on the sex of the fetus, but because of the intersection of birth limitations with the traditional preference for male children, particularly in rural areas, many families used ultrasound technology to identify female fetuses and terminate these pregnancies (see section 5). The male-female birth ratio for first births was 118.58 to 100 (compared with norms of between 103 and 107 to 100), and in some parts of the country, the ratio was even more skewed. For second births, the national ratio was 152 to 100. While the NPFPC continued to deny a direct connection between family planning and skewed sex ratios at birth, it promoted expanded programs to raise awareness of the sex ratio imbalance and to improve protection of the rights of girls. Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and Press The law provides for freedom of speech and of the press, although the government generally did not respect these rights in practice. The government interpreted the CCP's "leading role," as mandated in the constitution, as superseding and circumscribing these rights. The government continued to threaten, arrest, and imprison many individuals for exercising rights to free expression. Internet essayists and journalists in particular were targeted. Hunan writer Shi Tao, New York Times employee Zhao Yan, and Hong Kong-based journalist for the Singapore's Straits Times Ching Cheong remained in prison. In November Ching Cheong, who was tried in a closed hearing in August, had his appeal denied by the Beijing High People's Court. On December 19, Lu Jianhua, a former media commentator and researcher at a top state-run academic institution, was sentenced in closed proceedings to 20 years' imprisonment. Lu, who was originally detained in December 2005, was found guilty of leaking state secrets in August. The government continued to control print, broadcast, and electronic media tightly and used them to propagate government views and CCP ideology. Such controls tightened during the year, and it was increasingly difficult to express views that differed from the official line on the Internet, through broadcast media, and in print. Media outlets received regular guidance from the Central Propaganda Department, which listed topics that should not be covered, including politically sensitive topics. All media employees were under explicit orders to follow CCP directives and guide public opinion. These measures greatly restricted the freedom of journalists and Internet writers to report the news and led to a high degree of self-censorship. So long as the speaker did not publish views that challenged the Communist Party or disseminate such views to overseas audiences, the range of permissible topics for private speech continued to grow. Political topics could be discussed privately and in small groups without punishment, and minor criticisms of the government were common topics of daily speech. However, public speeches, academic discussions, and speeches at meetings or in public forums covered by the media remained circumscribed. Those who aired views that disagreed with the government's position on controversial topics risked punishment ranging from disciplinary action at government work units to police interrogation and detention. These restrictions and more formal restrictions on freedom of the press and academic freedom had a chilling effect on freedom of speech. Some citizens continued to speak out and publish on controversial topics, despite the government's restrictions. For example, in January Guangzhou Professor Yuan Weishi wrote an article in Freezing Point, a popular investigative segment in the China Youth Daily newspaper, calling for a reassessment of sensitive historical points, resulting in a six-week suspension of the publication Journalists who reported on topics that met with the government's or local authorities' disapproval continued to suffer harassment, detention, and imprisonment. Yang Xiaoqing, a reporter for the Beijing-based China Industrial Economy News, was detained in January, charged with blackmail and extortion in February and sentenced in June to one year in prison. Yang reported for the newspaper on alleged corruption among county officials in Hunan Province. Other journalists who remained in prison included Huang Jinqiu, Li Changqing, Yu Huafeng, Li Minying, Cheng Yizhong, Yang Xiaoqing, and Shi Tao. International NGOs reported that at year's end 32 journalists and 50 cyberdissidents remained in prison. Detention of journalists and Chinese employees working for foreign media outlets increased concern that the government was attempting to intimidate foreign correspondents and newspapers. In August the Beijing Intermediate Court sentenced Hong Kong-born journalist Cheng Xiang (more commonly known as Ching Cheong) of the Singapore Straits Times to five years in prison for espionage. NGOs reported he was detained while researching a story about former leader Zhao Ziyang, while the government claimed he accepted money from overseas intelligence groups. New York Times employee Zhao Yan was sentenced in August to three years in prison for fraud after a Beijing court unexpectedly dismissed charges of divulging state secrets, which could have carried a 10-year sentence. Zhao maintained his innocence, and his lawyer criticized the courts for not allowing Zhao to testify, call on witnesses, or present evidence to the court. In addition, to criminal prosecution of writers, some government officials used civil lawsuits and other punishments to intimidate authors and block controversial writings. On October 25, writer Li Jianping was sentenced to two years' imprisonment on the charges of "incitement to subvert state power." In April 2005 Li was detained in Zibo, Shandong Province, for posting articles critical of the CCP on foreign Web sites. No verdict has issued from the August 2004 libel trial of Anhui Province authors Chen Guidi and Wu Chuntao over their book China Peasant Survey (Nongmin Diaocha). The book, a best seller until it was banned, described abuse and extortion of farmers by local officials, one of whom sued the authors and their publishing house for libel. The government continued to close publications and punish journalists for printing material deemed too sensitive. In January the propaganda department suspended publication of Freezing Point. A January 11 Freezing Point essay by Zhongshan University professor Yuan Weishi questioning key historical events recounted in school textbooks drew the attention of the censors. In March, following the removal of Freezing Point's editor-in-chief Li Datong and deputy editor Lu Yuegang, the publication reappeared with a lengthy refutation of Yuan's January essay. In February Chen Jieren, editor of the Public Interest Times, was reportedly fired for publishing articles revealing financial misconduct among local officials in Shaanxi Province. Also in February, Li Yuanlong, a reporter for the Bijie Daily in Guizhou Province, was charged with "inciting to subvert state power," and in July he was sentenced to two years' imprisonment. Li was reportedly arrested in September 2005 for posting articles on the Internet about harsh living conditions in rural Guizhou. Newspapers could not report on corruption without government and party approval, although authorities approved reports regarding some high-profile cases. In September, when Shanghai party secretary Chen Liangyu was dismissed from office, the Propaganda Department issued strict guidelines forbidding unsanctioned commentary and ordering all publications only to print Xinhua News Service reports. Publishers printed original material at their own risk. During the year journalists and editors who exposed corruption scandals frequently faced problems with the authorities. Propaganda authorities also restricted reporting about public protests (see section 2.c.). Authorities also continued to block reporting and prevented journalists from covering violent protests, including student protests in June in Henan Province, where graduates rioted after learning their university reneged on a pledge to list a more prestigious school on their diplomas. Officials continued to censor and ban some reporting on labor, health, and environmental crises. Transparency in the health sector improved compared with the government's cover up of the initial Severe Acute Respiratory Syndrome (SARS) outbreak in 2003. Central government officials pledged to promptly report cases of avian influenza but acknowledged that local authorities did not do so in some cases. International observers acknowledged that transparency had improved with regard to avian influenza but expressed concern about delays in reporting some human and animal cases. Hong Kong media reported that the Guangzhou Bureau of Health told hospitals to submit detailed interview outlines and questions for approval two days before any media interview. Some academics were unable to publish results of independent research into contagious disease cases. In 2005 the government banned dozens of newspapers and confiscated almost one million "illegal" political publications. There were a few privately funded print publications but no privately owned television or radio stations or Internet portals. The censorship process for private and government media increasingly relied on self-censorship and, in a few cases, post-publication sanctions. Nonetheless, the Central Propaganda Department continued to list areas that were off limits to media, and the government maintained authority to approve all programming. By law, only government-approved publishing houses were permitted to print books. The State Press and Publications Administration (PPA) controlled all licenses to publish. No newspaper, periodical, book, audio, video, or electronic publication may be printed or distributed without the PPA and relevant provincial publishing authorities' approval of both the printer and distributor. Individuals who attempted to publish without government approval faced imprisonment, fines, confiscation of their books, and other sanctions. The CCP exerted control over the publishing industry by preemptively classifying certain topics as off limits; selectively rewarding with promotions and perks those publishers, editors, and writers who adhered to CCP guidelines; and punishing with administrative sanctions and blacklisting those who did not. Underground printing houses were targets of periodic campaigns to stop all illegal publications, including pornography and pirated computer software and audiovisual products. Many intellectuals and scholars exercised self-censorship, anticipating that books or papers on political topics would be deemed too sensitive to be published. Overt intervention by the PPA and the Central Propaganda Department, which provides editorial guidelines for all media, usually occurred after publication. In past years officials reportedly destroyed Uighur books on the grounds that Uighur groups used art and literature to distort historical fact and advocate ethnic separatism. Uighur writers and editors, including the editor of the Kashgar Literature Journal Korash Huseyin, were jailed in 2005 for publishing stories that authorities maintained advocated separatism (see section 5). Authorities continued to ban books containing content they deemed controversial. Among the most notable was Serve the People, a sexually explicit novel that officials said debased Chairman Mao's image and Notes on Party History, which exposed historical incidents that were reportedly embellished or fabricated by the CCP. The authorities continued to jam, with varying degrees of success, Chinese-, Uighur-, and Tibetan-language broadcasts of the Voice of America (VOA), Radio Free Asia (RFA) and the BBC. English-language broadcasts on VOA generally were not jammed. Government jamming of RFA and BBC appeared to be more frequent and effective. Internet distribution of "streaming radio" news from these sources often was blocked. Despite jamming overseas broadcasts, VOA, BBC, RFA, and Radio France International had a large audience, including rights advocates, ordinary citizens, and government officials. Television broadcasts of foreign news, largely restricted to hotels and foreign residence compounds, were occasionally subject to censorship. Politically sensitive coverage in Chinese, and to a lesser extent in English, was censored more than coverage in other languages. "Public service announcements" frequently interrupted news items critical of the government, particularly in the south, where television programming from Hong Kong was available. The government prohibited some foreign and domestic films from appearing in the country. In September the State Administration for Radio, Film and Television (SARFT) imposed a five-year filmmaking ban on director Lou Ye. SARFT banned Lou from showing his film Summer Palace, which is set during the 1989 Tiananmen protests, because he failed to obtain proper authorization. In February authorities detained filmmaker and foreign resident Wu Hao after Wu arranged an interview with rights attorney Gao Zhisheng. Wu, who was filming a documentary about unregistered churches, was released in July. Earlier in the year, SARFT banned distribution and screening of Mission Impossible III, on grounds that it depicted Shanghai in an unflattering light. Other foreign films banned during the year included Brokeback Mountain, based on its depiction of homosexuality and Memoirs of a Geisha, due to the controversy over ethnic Chinese actors playing Japanese characters. Visas to enter the country were sometimes denied for political reasons. For example, some foreign academics and journalists critical of the country continued to be denied visas. Others who intended to discuss human rights or rule of law issues also were denied visas. Representatives of some international human rights organizations reported that authorities denied their visa requests or restricted the length of visas issued to them (see section 4). Internet Freedom At year's end the China Internet Network Information Center reported that the number of Internet users jumped to 140 million, the majority of which had broadband access to the Internet. While the government continued to encourage expanded use of the Internet, it also took steps to monitor its use, control content, restrict information, and punished those who violated regulations. New restrictions aimed at increasing government control over the Internet included stricter Web site registration requirements, enhanced official control of online content, and an expanded definition of illegal online content. The country's Internet control system reportedly employed tens of thousands of persons. The government consistently blocked access to sites it deemed controversial, such as sites discussing Taiwan and Tibetan independence, underground religious and spiritual organizations, democracy activists, and the 1989 Tiananmen massacre. The government also at times blocked access to selected sites operated by major foreign news outlets, health organizations, and educational institutions. The number of blocked sites appeared to increase around major political events and sensitive dates. The authorities reportedly began to employ more sophisticated technology enabling the selective blocking of specific content rather than entire Web sites. Such technology was also used to block e-mails containing sensitive content (see section 1.f.). The government generally did not prosecute citizens who received dissident e mail publications but detained individuals who forwarded such messages. Individuals using the Internet in public libraries were required to register using their national identity card. Internet usage reportedly was monitored at all terminals in public libraries. The Ministry of Information Industry regulated access to the Internet while the Ministries of Public and State Security monitored its use. Regulations prohibit a broad range of activities that authorities interpret as subversive or slanderous to the state, including the dissemination of information that harms national unity or endangers national security. Promoting "evil cults" was banned, as was providing information that "disturbs social order or undermines social stability." Internet service providers (ISPs) were instructed to use only domestic media news postings, to record information useful for tracking users and their viewing habits, to install software capable of copying e-mails, and to end immediately transmission of so-called subversive material. Many ISPs practiced extensive self-censorship to avoid violating broadly worded regulations. In January several individuals were detained or imprisoned for their Internet writing during the year. Former Fuzhou Daily journalist and Internet essayist Li Changqing was sentenced to three years in prison for "spreading alarmist information." His Internet articles supported jailed corruption whistleblower Huang Jingao. On March 17, Ren Zhiyuan was sentenced to 10 years' imprisonment for "subversion of state power" for an Internet article holding that persons may rightfully overthrow tyranny through violent means. Ren was also suspected of planning to organize an opposition group called the "Mainland Democratic Front." On May 17, Internet essayist Yang Tongyan (more commonly known as Yang Tianshui) was sentenced to 12 years in prison for posting on overseas Web sites articles calling for the release of Chinese dissidents. Also in May, Internet author Guo Qizhen, who was preparing to join a hunger strike to support lawyer Gao Zhisheng and others, was detained for posting essays on a Web site supporting human rights. On October 9, Guo was sentenced to four years' imprisonment and three years' deprivation of political rights on the charge of "inciting subversion of state power." On October 12, Internet writer Zhang Jianhong was arrested and charged with "inciting subversion of state power." The police took Zhang into custody on September 6, removed disk drives and a telephone book from his house, and questioned his wife about articles he posted on Web sites. On August 12, Zan Aizong, chief correspondent of the Hangzhou Bureau of the Beijing-based China Ocean News, was detained for publishing an Internet piece criticizing the demolition of a nearby church. Zan was released on August 18, but was promptly fired. In August Deng Yongliang, another Internet essayist, was detained in Shandong Province, where he had traveled to cover the trial of legal activist Chen Guangcheng. Authorities released Deng in September but confiscated his computer hard drive and mobile telephone. During the year the government continued its efforts to get companies to sign a "Public Pledge on Self Discipline for China's Internet Industry." Several hundred companies signed the pledge, including popular Chinese Internet companies like Sina.com and Sohu.com and Yahoo's local partner Alibaba.com. Those who signed the pledge agreed not to spread information that "breaks laws or spreads superstition or obscenity." They also promised to refrain from "producing, posting, or disseminating pernicious information that may jeopardize state security and disrupt social stability." According to court documents, Yahoo provided information to security authorities, including access to private e-mail accounts, used in the prosecution of journalist Shi Tao for leaking state secrets. The company said it was required to provide the information under national law and customs. On April 9, 14 major Internet portals, including Sina.com, Sohu.com, Baidu.com and Yahoo's Chinese Web site issued a joint proposal calling for the Internet industry to censor indecent and harmful information, spread the ideas of Hu Jintao, encourage "passionate love of the motherland," and accept government supervision. Chinese search engines such as Baidu.com and the China-based search engines of Yahoo!, MSN and Google filtered search results, including those relating to the Voice of America, Radio Free Asia, and human rights. Official statistics showed that as of July, authorities shut down approximately 700 online forums. In June authorities shut down Sina.com and Sohu.com for several days to allow the popular Internet portals to upgrade their filtering capabilities after censors found that the portals failed to filter certain key words deemed politically harmful. In July the Beijing Communications Administration shut down the Century China Web site, a popular online forum for discussing current affairs and historical issues, and several other sites. In August authorities shut down China Consultation Net after the site published results of a poll asking visitors whether the general secretary of the Communist Party should be elected from among candidates competing for the position. Internet cafes must install software that allows government officials to monitor customers' Internet usage. Internet users at cafes were often subject to surveillance. Many cafes sporadically enforced regulations requiring patrons to provide identification. Academic Freedom and Cultural Events The government did not respect academic freedom and increased controls on political and social discourse at colleges, universities, and research institutes. Scholars and researchers reported varying degrees of control regarding issues they could examine and conclusions they could draw. Law professors were warned not to propose abolition of the reeducation-through-labor system. Scholar Xu Zerong received a nine-month sentence reduction in September, but he remained in prison. Scholars studying religion reported that the official Protestant church blocked some publications it found objectionable. Authorities canceled university conferences involving foreign and domestic academics on short notice when they deemed the topics at issue to be too sensitive. The government continued to use political attitudes as criteria for selecting persons for the few government-sponsored study abroad programs but did not impose such restrictions on privately sponsored students. In August Independent Chinese Pen Center (ICPC) member Wu Wei was reportedly stopped at the Hong Kong border while on his way to attend the ICPC's annual meeting (see section 2.d.). Researchers residing abroad also were subject to sanctions from the authorities when their work did not meet with official approval. b. Freedom of Peaceful Assembly and Association The law provides for freedom of peaceful assembly; however, the government severely restricted this right in practice. The law stipulates that such activities may not challenge "party leadership" or infringe upon the "interests of the state." Protests against the political system or national leaders were prohibited. Authorities denied permits and quickly suppressed demonstrations involving expression of dissenting political views. Freedom of Assembly At times police used excessive force against demonstrators. Demonstrations with political or social themes were often broken up quickly and violently. Widespread market reforms and rapid growth have resulted in increased social unrest, with large-scale public disturbances on the rise for more than a decade. As in past years, the vast majority of demonstrations during the year concerned land disputes, housing issues, industrial, environmental, and labor matters, government corruption, taxation, and other economic and social concerns. During the first half of the year, public security authorities reported 39,000 "public order disturbances," a 2.5 percent decrease from the same period in 2005, although these statistics were widely viewed as unreliable. While the scale of disturbances and incidents varied, some included thousands of participants. In April, for example, up to 3,000 riot police used tear gas and water cannons to disperse 4,000 villagers gathered to protest destruction of an unauthorized, farmer-initiated irrigation project in Bomei Village, Guangdong Province. Land protests involving hundreds or thousands of protesters also continued (see section 1.a.). In January one villager died and as many as 100 were injured when police disrupted 3,000 residents at a sit-in convened over a land dispute in Zhongshan City, Guangdong Province. In April more than 50 villagers were injured when 1,000 riot police confronted 2,000 villagers peacefully protesting a land dispute near Guangdong Province's Foshan City. Authorities detained potential protesters before the June 4 anniversary of the Tiananmen massacre, the first anniversary of Zhao Ziyang's death in January, and the March plenary sessions of the NPC and CPPCC. Dissidents were detained around the time of other sensitive events to head off public demonstrations (see section 1.d.). Labor protests over restructuring of state-owned enterprises and resulting unemployment continued, as did protests over environmental degradation and major infrastructure projects, such as dams. All concerts, sports events, exercise classes, or other meetings of more than 200 persons required approval from public security authorities. In practice much smaller gatherings also ran the risk of being disrupted by authorities. Unlike previous years, there were no sizable incidents of anti-Japanese protests. The government continued to wage a severe campaign against the Falun Gong movement. Falun Gong practitioners were subject to close scrutiny by local security personnel, and their personal mobility was tightly restricted, particularly at times when the government believed public protests were likely. Persons petitioning the government continued to face restrictions on their rights to assemble and raise grievances. Official news media reported that citizens presented 12.7 million petitions to "letters and visits" offices in 2005, but only 0.2 percent of petitions filed received a response. Most petitions mentioned grievances about land, housing, entitlements, the environment, or corruption. Petitioners largely sought to present their complaints at national and provincial "letters and visits" offices but also targeted foreign embassies and media to bring attention to their complaints. Petitioners continued to face harassment, detention, and incarceration. Petitioners in Liaoning and other provinces reported being accosted by plainclothes police and brought back to their homes before they could register their petitions in the capital. In June Fu Xiancai, who petitioned the government for compensation on behalf of 1.3 million persons forcibly relocated from their land due to the Three Gorges Dam project, was paralyzed from the neck down as a result of a beating he received at the hands of unidentified assailants. Although regulations implemented in 2005 banned retaliation against petitioners, reports of retaliation continued. This was partly due to incentives provided to local officials by the central government to prevent petitioners in their regions from raising complaints to higher levels. Incentives included provincial cadre evaluations based in part on the number of petitions from their provinces. This initiative aimed to encourage local and provincial officials to resolve legitimate complaints but also resulted in local officials sending security personnel to Beijing and forcibly returning the petitioners to their home provinces. Such detentions occurred both before and after the enactment of the new regulations and often went unrecorded. Freedom of Association The law provides for freedom of association, but the government restricted this right in practice. CCP policy and government regulations require that all professional, social, and economic organizations officially register with, and be approved by, the government. In practice these regulations prevented the formation of truly autonomous political, human rights, religious, spiritual, labor, and other organizations that might challenge government authority. Implementation of these regulations tightened during the year (see section 2.a.). Authorities established a task force in 2005 to increase scrutiny over NGOs, especially those with links overseas. Published reports said the task force was part of a campaign initiated in response to the "color revolutions" in former Soviet republics and aimed to block NGOs from fomenting political change. Security ministries participated in this task force and questioned representatives of domestic and international NGOs about their activities. International foundations, NGOs involved in social and charitable activities, and groups dedicated to combating discrimination against women, persons with disabilities, and minorities were targets of the campaign, along with organizations that focused on human rights issues. Since 2004 according to official statistics, the number of registered NGOs increased from 288,936 to 317,000. NGOs were required to register with the government. To register, an NGO must find a government agency to serve as the NGO's organizational sponsor, have a registered office, and hold a minimum amount of funds. Organizations with social or educational purposes that had previously been registered as private or for-profit businesses reportedly were requested to find a government sponsor and reregister as NGOs during the year (see section 4). Experts estimated that, including both registered and unregistered groups, there were perhaps as many as eight million quasi-governmental organizations and NGOs. Authorities supported the growth of some civil society organizations that address social problems such as poverty and HIV/AIDS. Over the past two years, officials increased measures aimed at supervising and controlling civil society organizations; however, various NGOs were still able to develop their own agendas, although the registered organizations all came under some degree of government control. Prominent activist Hu Jia resigned from an organization he helped establish to assist HIV/AIDS orphans, citing pressure on the organization's international donors. On November 24, HIV/AIDS activist Wan Yanhai was detained for three days in Beijing. Wan was forced to cancel an HIV/AIDS rights related workshop planned for November 26. Officials reportedly were concerned because workshop attendees included human rights lawyers (see section 5). A number of NGOs had support from foreign secular and religious NGOs, and several were able to undertake limited advocacy roles in public interest areas like women's issues, the environment, health, and consumer rights. According to government guidelines, NGOs must not advocate nonparty rule, damage national unity, or upset ethnic harmony. Groups that disregarded guidelines and unregistered groups that continued to operate could face administrative punishment or criminal charges. No laws or regulations specifically govern the formation of political parties. But the CDP remained banned, and the government continued to monitor, detain, and imprison current and former CDP members (see section 3). As in past years, individuals were charged with and convicted of "disclosing state secrets" after passing information to human rights NGOs based abroad (see section 4). c. Freedom of Religion The constitution and laws provide for freedom of religious belief and the freedom not to believe. However, the government sought to restrict religious practice to government-sanctioned organizations and registered places of worship and to control the growth and scope of the activity of religious groups. The government recognized five main religions: Buddhism, Taoism, Islam, Protestantism, and Catholicism. A government-affiliated association monitored and supervised the activities of each of these faiths. Membership in these faiths as well as unregistered religious groups grew rapidly. The government tried to control and regulate religious groups, especially groups that were unregistered. The extent of religious freedom continued to vary widely within the country. Freedom to participate in officially sanctioned religious activity continued to increase in most areas. Religious activity grew not only among the five main religions, but also among the Eastern Orthodox Church and folk religions. Bibles and other religious texts were available in most parts of the country. At the same time, some unregistered groups continued to experience varying degrees of official interference and harassment. Crackdowns against unregistered Protestants and Catholics, Muslims, and Tibetan Buddhists (see Tibet Addendum) continued. The government continued its repression of groups that it determined to be "cults" and of the Falun Gong spiritual movement in particular. All religious venues were required to register with the State Administration for Religious Affairs (SARA) or its provincial or local offices (known as Religious Affairs Bureaus (RABs). SARA and the RABs were responsible for monitoring and judging whether religious activity was "normal" and therefore lawful. SARA and the CCP's united front work department provided policy guidance and supervision over implementation of government regulations on religious activity. New regulations governing religious affairs, which came into effect in March 2005, delineated regulatory activities governing religious affairs and consolidated official pronouncements within a legal framework. However, the regulations provide general protection only for freedom of "religious belief," and not for expressions of belief. The regulations protect only those religious beliefs categorized vaguely as "normal." In practice, party doctrine guides resolution of religious issues and implementation of the regulations. The regulations protect the rights of registered religious groups, under certain conditions, to possess property, publish literature, train and approve clergy, and collect donations. However, the regulations have not created additional room for lawful religious activity by groups not affiliated with the five main religions. In this regard, the regulations merely codify past practices and give authorities broad discretion to define which religious activities are permissible. The law requires religious groups to register places of worship. Spiritual activities in places of worship that have not registered may be considered illegal and participants can be punished. Government officials stated that private homes where family and friends meet to study the Bible would not be required to register, but venues for formal worship services should be registered, even if such formal worship takes place in a private home. Clergy need not be approved by the government but must be reported to the government after being selected pursuant to the rules of the relevant government-affiliated religious association. Pressure on religious groups to register or to come under the supervision of official "patriotic" religious organizations continued during the year. Some groups registered voluntarily, while a number registered under pressure; several groups avoided officials in an attempt to avoid registration, and authorities refused to register others. Various unofficial groups reported that authorities refused them registration without explanation. The government contended that these refusals were mainly the result of failure to meet requirements concerning facilities and meeting spaces. Some religious groups were reluctant to comply with the regulations out of principled opposition to state control of religion or due to fear of adverse consequences if they revealed, as required, the names and addresses of church leaders and members. Local authorities' handling of unregistered religious groups, especially Protestant "house churches," varied widely. In certain regions government supervision of religious activity was minimal, and registered and unregistered Protestant and Catholic churches existed openly side-by-side and were treated similarly by the authorities. In such areas many congregants worshipped in both types of churches; congregants in unregistered churches were also able to procure Bibles at official churches. In some parts of the country, unregistered house churches with hundreds of members met openly, with the full knowledge of local authorities, who characterized the meetings as informal gatherings. In other areas house church meetings of more than a handful of family members and friends were strictly proscribed. House churches often encountered difficulties when their membership grew, when they arranged for the regular use of facilities for the purpose of conducting religious activities, or when they forged links with other unregistered groups. Leaders of unauthorized groups were sometimes the target of harassment, interrogation, detention, and physical abuse. Authorities frequently disrupted house church meetings and retreats, detained and questioned leaders and church members, and confiscated the personal property of house church leaders and members. During the year thousands of house church members were detained; a large number of these detentions occurred in Henan Province. Henan Province house Christian pastor Zhang Rongliang was convicted in June of obtaining a passport through fraud and of illegal border crossing. He was sentenced to seven-and-a-half years in prison. Beijing-based house church Christian Liu Fenggang, who was convicted in August 2004 with Xu Yonghai and Zhang Shenqi on charges of disclosing state secrets, remained in prison. Liu provided an overseas Chinese magazine information about abuse of Christians in the country. In February Lou Yuanqi was reportedly detained for holding unauthorized church services in Xinjiang. In April Li Huimin was reportedly sentenced to reeducation in Henan Province for holding house church meetings at his home. In May several house church activists were detained in Henan Province's Fugou County, while several others remained under detention. Persons associated with Protestant Christian worship outside government-approved venues also were subject to detention or abuse. In July and August, according to the China Aid Association, authorities in several provinces detained Protestant house church members. On July 19, Henan Province authorities reportedly raided a house church in Zhumadian, questioning more than 60 church members. On July 21, Hubei Province officials reportedly raided a house church meeting, questioning 20 church members. Officials later placed 10 church members under administrative detention lasting from 10 to 15 days. On July 24, Yunnan Province authorities reportedly detained four house church members. On July 27, Anhui Province officials reportedly raided a house church Sunday school, questioning approximately 40 individuals. Officials also placed pastors Cai Yili and Li Lizhong in administrative detention for 16 days. On August 19, officials from the Inner Mongolia Autonomous Region reportedly raided a house church, confiscating church property and warning church members that they could only meet at registered churches. As in previous years, there were reports that a number of Catholic priests, lay leaders, and laypersons were beaten or otherwise abused. In some localities, authorities reportedly pressured unregistered clergy and laypersons to renounce ordinations approved by the Holy See, join the official church, or face a variety of punishments including fines, job loss, and detentions. On September 11, Bishop Wu Qinjing, who was ordained in October 2005 with approval from the Holy See but without government permission, was detained for five days and forced to sign a document stating that his ordination was illegal. Harassment of unregistered Catholic bishops, priests, and laypersons, including government surveillance and detentions, continued. On July 2, authorities detained unregistered Bishop Jia Zhiguo for the tenth time since 2004; he was released on September 27. Bishop Yao Liang, who is 82 years old, was arrested on July 30 and remained under detention at year's end. There was no new information about unregistered Bishop Su Zhimin, who has been unaccounted for since his reported detention in 1997. In June an unverified press report circulated that Bishop Su had died in custody. The government did not respond to requests for information in the case. Bishop An Shuxin, Bishop Su's auxiliary bishop, was released on August 24, after 10 years in prison. Officials permitted Bishop An's release when he accepted recognition by the government and did not force him to register with the Catholic Patriotic Association (CPA). In late September unregistered Catholic priests Shao Zhoumin and Jiang Sunian were detained in Shenzhen upon their return from Europe. Sources also reported that Bishop Zhang Weizhu, Father Cui Xing, and Father Wang Quanjun remained detained in Hebei Province. According to the foreign-based Cardinal Kung Foundation, the whereabouts of Bishop Zhao Zhendong, who was detained in December 2004, remained unknown. In Hebei Province, officials detained a total of seven Catholic clerics and 90 laypersons. The government and the Holy See have not established diplomatic relations and there was no Vatican representative on the Mainland. The role of the pope in selecting bishops, the status of underground Catholic clerics, and Vatican recognition of Taiwan remained obstacles to improved relations. Although the government insisted that it retains power to impose conditions on the appointment of Catholic bishops, registered Catholics increasingly acknowledged the spiritual authority of the Holy See, and the Vatican has approved most registered bishops appointed by the government prior to consecration. In April and May, CPA officials consecrated two Catholic bishops without Vatican approval, reportedly forcing registered Catholic clerics to participate in the consecrations. The CPA also installed a bishop in Fujian Province, even though he was consecrated in 2000 without Holy See approval. In July officials demolished a large house church that was under constructed in Zhejiang Province and reportedly beat hundreds of house church members who arrived to protest the demolition. Officials repeatedly denied requests for permission to build a church. Traditional folk religions, such as Fujian Province's "Mazu cult," were still practiced in some locations. They were tolerated to varying degrees, often seen as loose affiliates of Taoism or as ethnic minority cultural practices. However, the government has labeled folk religions "feudal superstition" and sometimes repressed them. SARA established a new administrative division responsible for the activities of folk religions and religions outside the main five, including the Eastern Orthodox Church and the Church of Jesus Christ of Latter-day Saints. Buddhists made up the largest body of organized religious believers. The traditional practice of Buddhism continued to expand among citizens in many parts of the country. Tibetan Buddhists in some areas had growing freedom to practice their faith. However, government restrictions remained, particularly in cases in which the government interpreted Buddhist belief as supporting separatism, such as in some Tibetan areas and parts of the Inner Mongolian Autonomous Region. In February emissaries of the Dalai Lama met with government officials, in the fifth round of dialogue between the two sides since 2002 (see Tibet Addendum). Regulations restricting Muslims' religious activity, teaching, and places of worship continued to be implemented forcefully in Xinjiang. During the year authorities added women to the groups of persons prohibited from entering mosques. Other groups formally prohibited from entering mosques included children, CCP members, and government workers. However, in practice women and children were not uniformly barred from entering mosques. The government continued to use counterterrorism to justify religious repression of Uighur Muslims (see section 5). Xinjiang authorities continued to detain and arrest persons engaged in unauthorized religious activities and charged them with a range of offences including state security crimes. Xinjiang authorities often charged religious believers with committing the "three evils" of terrorism, separatism, and extremism. While targeted primarily at Muslims, the tight control of religion in Xinjiang affected followers of other religions as well. The government strictly controlled the practice of Islam, while the state-controlled Islamic Association of China aligned Islamic practice to CCP goals. However, in contrast to the heavy-handed approach to Muslims in Xinjiang Province, officials in Ningxia, Gansu, and Qinghai provinces approached religious affairs cautiously and were reluctant to interfere overtly in Muslims' activities. Authorities reserved the right to censor imams' sermons, and imams were urged to emphasize the damage caused to Islam by terrorist acts in the name of the religion. Certain Muslim leaders received particularly harsh treatment. Authorities conducted monthly political study sessions for religious personnel and the program continued through the year. In May the IAC announced it would establish an office to manage pilgrimages to Mecca. In the same month the China Islamic Conference passed a measure requiring religious personnel to study "new collected sermons" compiled by an IAC committee, including messages on patriotism and unity aimed at building a "socialist harmonious society." According to one overseas organization, 179 practitioners of the Sala order, a local Sufi branch of Islam, were arrested in August 2005 following a government ban on the movement. Although officials denied the ban, they considered the movement dangerous. In August 2004 eight Uighur Muslims in Hotan were reportedly charged with endangering state security and scores were detained on charges of engaging in "illegal religious activities." In addition to the restrictions on practicing religion placed on party members and government officials throughout the country, teachers, professors, and university students in Xinjiang were not allowed to practice religion openly. Muslims were permitted to make pilgrimages abroad, but the government reportedly penalized those who arranged unauthorized pilgrimages. Official reports noted that more than 9,700 Chinese Muslims traveled to Mecca for the Hajj pilgrimage, which began on November 29. This figure likely did not include participants who were not organized by the government, which numbered thousands in previous years. Between July and September, thousands of Uighur Muslims, who traveled to Pakistan to circumvent government-imposed controls on Hajj participants, were stuck in Islamabad because they were denied visas by the Saudi Arabian Embassy. Following demonstrations by the visa applicants outside the Saudi Embassy, visas were granted to approximately 1,000 applicants, although many more were forced to return to Xinjiang. The authorities permitted officially sanctioned religious organizations to maintain international contacts that do not involve "foreign control." However, what constitutes "control" is not defined. Regulations on religious practice by foreigners include a ban on proselytizing. Authorities generally allowed foreign nationals to preach to other foreigners, bring in religious materials for personal use, and preach to citizens at the invitation of registered religious organizations. Despite a ban on missionary activities, many foreign Christians teaching on college campuses openly professed their faith with minimum interference from authorities provided their religious activity remains discreet. Authorities permitted citizens who joined the Church of Jesus Christ of Latter-day Saints while they were outside of China to hold services after they returned. The authorities continued a general crackdown on groups considered to be "cults." These "cults" included not only Falun Gong and various traditional Chinese meditation and exercise groups (known collectively as qigong groups), but also religious groups that authorities accused of preaching beliefs outside the bounds of officially approved doctrine. Groups that the government labeled cults included Eastern Lightning, the Servants of Three Classes, the Shouters, the South China Church, the Association of Disciples, the Full Scope Church, the Spirit Sect, the New Testament Church, the Way of the Goddess of Mercy, the Lord God Sect, the Established King Church, the Unification Church, and the Family of Love. Authorities accused some in these groups of lacking proper theological training, preaching the imminent coming of the apocalypse or holy war, or exploiting the reemergence of religion for personal gain. The government accused the Eastern Lightning group and some other unregistered Christian groups of involvement in violence. Actions against such groups continued during the year. Police also continued their efforts to close down the underground evangelical group Shouters, an offshoot of a pre-1949 indigenous Protestant group. Action against the South China Church (SCC) continued. In August 2005 approximately 40 SCC members were detained in Hubei Province after meeting with foreigners. According to an anonymous petition submitted to the United Nations Working Group on Arbitrary Detention, SCC founder Gong Shengliang and other imprisoned SCC members suffered serious abuses in prison. Gong is serving a life sentence for rape, arson, and assault, even though the women who testified against him in his original trial in 2001 reported that police had tortured them into signing statements accusing Gong of raping them. During the year Gong's daughters reported that Gong was in poor health and had been beaten by another inmate. Public Falun Gong activity in the country remained negligible, and practitioners based abroad reported that the government's crackdown against the group continued. Since the government banned the Falun Gong in 1999, the mere belief in the discipline (even without any public manifestation of its tenets) has been sufficient grounds for practitioners to receive punishments ranging from loss of employment to imprisonment. Although the vast majority of practitioners detained have been released, many were detained again after release (see section 1.e.). Falun Gong sources estimated that at least 6,000 Falun Gong practitioners had been sentenced to prison, more than 100,000 practitioners sentenced to reeducation through labor, and almost 3,000 had died from torture while in custody. Some foreign observers estimated that Falun Gong adherents constituted at least half of the 250,000 officially recorded inmates in reeducation-through-labor camps, while Falun Gong sources overseas placed the number even higher. In March UN Special Rapporteur Nowak reported that Falun Gong practitioners accounted for 66 percent of victims of alleged torture while in government custody. Falun Gong members identified by the government as "core leaders" have been singled out for particularly harsh treatment. More than a dozen Falun Gong members have been sentenced to prison for the crime of "endangering state security," but the great majority of Falun Gong members convicted by the courts since 1999 have been sentenced to prison for "organizing or using a sect to undermine the implementation of the law," a less serious offense. Most practitioners, however, were punished administratively. Some practitioners were sentenced to reeducation through labor. Among them, Yuan Yuju and Liang Jinhui, relatives of a Hong Kong journalist working for a television station supportive of Falun Gong, were sentenced to reeducation through labor for distributing Falun Gong materials. Apart from reeducation through labor, some Falun Gong members were sent to "legal education" centers specifically established to "rehabilitate" practitioners who refused to recant their belief voluntarily after release from reeducation-through-labor camps. Government officials denied the existence of such "legal education" centers. In addition, hundreds of Falun Gong practitioners have been confined to mental hospitals, according to overseas groups (see section 1.d.). Allegations of abuse of Falun Gong practitioners by the police and other security personnel continued during the year (see section 1.c.). In addition, multiple allegations of government-sanctioned organ harvesting from Falun Gong prisoners surfaced. In April overseas Falun Gong groups claimed that a hospital in Sujiatun, Shenyang, had been the site of a "concentration camp" and of mass organ harvesting, including from live prisoners (see section 1.c.). The government opened the facility to diplomatic observers and foreign journalists, who found nothing inconsistent with the operation of a hospital. Police continued to detain current and former Falun Gong practitioners and place them in reeducation camps. Police reportedly had quotas for Falun Gong arrests and targeted former practitioners, even if they were no longer practicing. The government continued its use of high-pressure tactics and mandatory anti-Falun Gong study sessions to force practitioners to renounce Falun Gong. Even practitioners who had not protested or made other public demonstrations of belief reportedly were forced to attend anti-Falun Gong classes or were sent directly to reeducation-through-labor camps. These tactics reportedly resulted in large numbers of practitioners signing pledges to renounce the movement. The government supported atheism in schools. In March 2005 a Foreign Ministry spokesman said the country had no national regulations preventing children from receiving religious instruction, but said religion should not interfere with public education. In practice local authorities in many regions barred school-age children from attending religious services at mosques, temples, or churches and prevented them from receiving religious education outside the home. The law does not prohibit religious believers from holding public office; however, party membership is required for almost all high-level positions in government, state-owned businesses, and many official organizations. Communist Party officials have stated that party membership and religious belief were incompatible. Government and CCP officials reiterated that religious believers should resign their party membership. The Routine Service Regulations of the People's Liberation Army state explicitly that service members "may not take part in religious or superstitious activities." CCP and PLA personnel have been expelled for adhering to Falun Gong beliefs. Despite regulations encouraging officials to be atheists, some party officials engaged in religious activity, most commonly Buddhism or a folk religion. The NPC included several religious representatives. NPC Standing Committee vice chairmen included Fu Tieshan, a bishop and vice-chairman of the Chinese Catholic Patriotic Association. Religious groups also were represented in the CPPCC, an advisory forum for "multiparty" cooperation and consultation led by the CCP, and in local and provincial governments. CPPCC Standing Committee vice chairmen included Pagbalha Geleg Namgyal, a Tibetan reincarnate lama. Official religious organizations administered local religious schools, seminaries, and institutes to train priests, ministers, imams, Islamic scholars, and Buddhist monks. Students who attended these institutes had to demonstrate "political reliability," and all graduates must pass an examination on their political as well as theological knowledge to qualify for the clergy. The government permitted registered religions to train clergy and allowed an increasing number of Catholic and Protestant seminarians, Muslim clerics, and Buddhist clergy to go abroad for additional religious studies, but some religion students had difficulty getting passports or obtaining approval to study abroad. In most cases foreign organizations provided funding for such training programs. Authorities continued to prohibit the teaching of Islam to elementary and middle school-age children in some areas, although children studied Arabic and the Koran without restriction in many others. Local officials stated that school-age children may not study religion or enter mosques in Xinjiang. In August 2005 a teacher, Aminan Momixi, and more than 30 students were reportedly detained for holding Koran study sessions during school vacation. Authorities confiscated their Korans and Muslim textbooks and the government declined to clarify Momixi's status. According to media reports, Xinjiang authorities confiscated religious publications on many other occasions, sometimes detaining those who possessed unapproved religious texts. Religious organizations of all faiths, including those composed of foreigners, were encouraged to engage in charitable activities and social services. Religious organizations engaged in social services faced obstacles registering with local authorities. These difficulties were similar to those faced by nonreligious NGOs (section 2.b.). The 2005 religious regulations permit authorized religious organizations and venues to compile and print materials for internal and public distribution, but require publications to be prepared in accordance with national regulations. These regulations, in turn, impose strict prior restraints on religious literature, even beyond the restrictions on other types of publications. The regulations also provide for government oversight of the appointment of religious personnel. The government strictly punished the private publication of religious works. In April pastor Liu Yuhua from Shandong was detained in Linchu County on charges of operating an illegal business after he was found distributing religious texts. In May house church pastor Wang Zaiqing from Anhui was formally arrested. Foreign-based NGOs said the arrest was in connection with his work publishing Bibles and religious materials. In July 2005 Protestant Pastor Cai Zhuohua and two other relatives were sentenced to three years, two years, and 18 months in prison for operating an illegal business, stemming from their large-scale publishing of Bibles and Christian literature without government approval. According to reliable reports, the CCP officials described the prosecution of Cai as one of the most important cases in the campaign to prevent foreign infiltration under the cover of religion. Media reports stated that authorities confiscated illegal religious publications in Xinjiang. In February Xinjiang authorities reportedly raided a minority-language printing market and seized "illegally printed" religious posters. Also in February authorities announced that in 2005 they had seized 9,860 illegal publications involving religion, Falun Gong, or "feudal superstitions." The Xinjiang People's Publication House was the only publisher allowed to print Muslim literature. The supply of Bibles was adequate in most parts of the country, but some members of underground churches complained that the supply and distribution of Bibles, especially in rural locations, was inadequate. Individuals could not order Bibles directly from publishing houses. Customs officials continued to monitor for the "smuggling" of religious materials into the country. There have been credible reports that the authorities sometimes confiscated Bibles, Korans, and other religious material. Societal Abuses and Discrimination There were no reports of societal abuses of religious practitioners or anti-Semitic acts during the year. The government does not recognize Judaism as an ethnicity or religion. For a more detailed discussion, see the 2006 International Religious Freedom Report. d. Freedom of Movement within the Country, Foreign Travel, Emigration and Repatriation The law provides for some of these rights; however, the government generally did not respect them in practice. Although the government maintained restrictions on the freedom to change one's workplace or residence, the national household registration system continued to erode, and the ability of most citizens to move within the country to work and live continued to expand. However, the government retained the ability to restrict freedom of movement through other mechanisms. Authorities heightened restrictions periodically, particularly curtailing the movement of individuals deemed politically sensitive before key anniversaries, visits of foreign dignitaries, and to forestall demonstrations. The system of national household registration (hukou) underwent further change during the year, as the country accumulated a more mobile labor force. Rural residents continued to migrate to the cities, where the per capita disposable income was more than quadruple the rural per capita cash income. Nonetheless, many could not officially change their residence or workplace within the country. Government and work unit permission were often required before moving to a new city. Most cities had annual quotas for the number of new temporary residence permits that would be issued, and all workers, including university graduates, had to compete for a limited number of such permits. It was particularly difficult for peasants from rural areas to obtain household registration in economically more developed urban areas. The household registration system added to the difficulties rural residents faced in changing to urban residency, even when they have already relocated to urban areas and found employment. There remained a floating population of between 100 and 150 million economic migrants who lacked official residence status in cities. Without official residence status, it was difficult or impossible to gain full access to social services, including education. Furthermore, law and society generally limited migrant workers to types of work considered least desirable by local residents, and such workers had little recourse when subjected to abuse by employers and officials. Some major cities maintained programs to provide migrant workers and their children access to public education and other social services free of charge, but migrants in some locations reported that it is difficult to qualify for these benefits in practice. Many cities and provinces continued experiments aimed at abolishing the distinction between urban and rural residents in household registration documents. House arrest continued to be used as a nonjudicial punishment and control measure against dissidents, family members of political prisoners, petitioners, and others whom the government or party deemed politically sensitive or "troublemakers" (see section 1.d.). Under the "staying at prison employment" system applicable to recidivists incarcerated in reeducation-through-labor camps, authorities denied certain persons permission to return to their homes after serving their sentences. Some released or paroled prisoners returned home but were not permitted freedom of movement. The government permitted legal emigration and foreign travel for most citizens. Most citizens could obtain passports, although those whom the government deemed threats, including religious leaders, political dissidents, and some ethnic minority members continued to have difficulty obtaining passports (see Tibet Addendum). There were reports that some academics faced travel restrictions around the year's sensitive anniversaries, particularly the June 4 anniversary of the Tiananmen Square massacre. There were instances in which the authorities refused to issue passports or visas on apparent political grounds. Members of underground churches, Falun Gong members, and other politically sensitive individuals sometimes were refused passports and other necessary travel documents. In March an individual in Guangxi Province was reportedly barred from traveling outside the country because he authored Internet articles critical of the CCP. In August ICPC member Wu Wei was reportedly stopped at the Hong Kong border while on his way to attend the ICPC's annual meeting. In September passport control authorities without warning confiscated the passport of a prominent labor rights lawyer as he was boarding a train to Hong Kong. The law neither provides for a citizen's right to repatriate nor otherwise addresses exile. The government continued to refuse reentry to numerous citizens who were considered dissidents, Falun Gong activists, or troublemakers. Although some dissidents living abroad have been allowed to return, dissidents released on medical parole and allowed to leave the country often were effectively exiled. Activists residing abroad have been imprisoned upon their return to the country. While UNHCR reported that more than 2,000 Tibetans each year crossed into Nepal, the government continued to try to prevent many Tibetans from leaving (see Tibet Addendum). Protection of Refugees Although a signatory of the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, the law does not provide for the granting of refugee or asylum status. The government largely cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) when dealing with the resettlement of ethnic Han Chinese or ethnic minorities from Vietnam and Laos resident in the country. During the year the government and UNHCR continued ongoing discussions concerning the granting of citizenship to these residents. Since the late 1980s, the government has adopted a de facto policy of tolerance toward the small number of persons, fewer than 100 annually, from other nations who registered with the Beijing office of the UNHCR as asylum seekers. The government permitted these persons to remain in the country while the UNHCR made determinations as to their status and, if the UNHCR determined that they were bona fide refugees, while they awaited resettlement in third countries. However, the government continued to deny the UNHCR permission to operate along its northeastern border with North Korea, arguing that North Koreans who crossed the border were illegal economic migrants, not refugees. During the year several thousand North Koreans were reportedly detained and forcibly returned to North Korea. Many faced persecution, and some may have been executed upon their return. Several hundred North Koreans were permitted to travel to third countries after they had entered diplomatic compounds or international schools in the country. There were numerous credible reports of harassment and detention of North Koreans in the country. The government also arrested and detained foreign journalists, missionaries, and activists, as well as some citizens, for providing food, shelter, transportation, and other assistance to North Koreans. The government continued to detain several foreigners in the Northeast, some on charges of alien smuggling, but most for helping North Koreans enter the country. Jilin Province's public security Web site reported that it had deported an estimated 2,000 "foreigners" in 2004, most of who were believed to be North Korean. According to NGOs, during the year North Korean agents operated within the country to forcibly repatriate North Korean citizens. Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government The law does not provide citizens with the right to change their government peacefully, and citizens cannot freely choose or change the laws and officials that govern them. The CCP continued to control appointments to positions of political power. Elections and Political Participation According to the law, the NPC is the highest organ of state power. Formally, it elects the president and vice president, selects the premier and vice premiers, and elects the chairman of the State Central Military Commission. In practice the NPC Standing Committee, which is composed of 153 members, oversaw these elections and determined the agenda and procedure for the NPC. The NPC Standing Committee remained under the direct authority of the CCP's nine-member Politburo Standing Committee. The NPC does not have the power to set policy or remove government or party leaders. In 2003 the NPC confirmed CCP General Secretary Hu Jintao as president, and in 2004 Hu consolidated his power when he was also appointed chairman of the Central Military Commission. All of the country's approximately one million villages were expected to hold competitive, direct elections for village committee officials. Most provinces already have held four or five rounds of village committee elections, according to the Ministry of Civil Affairs. Foreign observers who monitored local village committee elections judged those they observed to have been generally fair. However, the government estimated that one-third of all elections had serious procedural flaws. Corruption, vote buying, and interference by township-level and party officials continued to be problems. The law permitted each voter to cast proxy votes for up to three other voters. Many rural voters cast the maximum number of proxy votes, especially in areas with significant out-migration. Although the law includes a provision for recalling village committee members, local implementing regulations have proven sufficiently vague or cumbersome so as to prevent most attempted recalls. In cases of alleged corruption, a handful of local legislative deputies, but not village heads, have been recalled. In 2005 villagers in Guangdong Province's Taishi Village were subjected to severe abuse when they tried to recall village chief Chen Jinsheng, whom they accused of embezzling village funds. Authorities resorted to violence, intimidation, and other tactics to quash the recall attempt. The election law governs elections of legislative bodies at all levels. Under this law, citizens have the opportunity to vote for local people's congress representatives at the county level and below, although in most cases the nomination of candidates in those elections was strictly controlled. Legislators selected people's congress delegates above the county level. For example, provincial-level people's congresses selected delegates to the NPC. Local CCP secretaries generally served concurrently as the head of the local people's congress, thus strengthening party control over legislatures. During the year independent candidates not selected by local authorities ran or attempted to run in people's congress elections held at the local level across the country. While a small number of independents were elected, in Hubei and Guangdong Provinces local officials reportedly manipulated and pressured some candidates, who mounted aggressive campaigns to prevent independents from being nominated, and if nominated, from winning. Local police detained and monitored independent candidates, seized campaign materials, and intimidated supporters, family members, and friends. Some activists also alleged that vote counts were rigged to ensure defeat. During the year Taishi villagers failed in their attempt to nominate an independent candidate for local people's congress representative, allegedly because of ballot tampering and an illegal refusal to allow proxy votes. Although the party controlled appointments of officials to government and party positions at all levels, some township, county, and provincial elections featured experiments with increased competition, including self-nomination of candidates, campaign speeches by candidates, public vetting of nominees, and a two-tiered indirect election system. The CCP retained a monopoly on political power and forbade the creation of new political parties. The government recognized nine parties founded prior to 1949, but not the CDP, an opposition party founded in 1998 and subsequently declared illegal. Dozens of CDP leaders, activists, and members have been arrested, detained, or confined. One of the CDP's founders, Qin Yongmin, remained in prison at year's end, as did others connected with a 2002 open letter calling for political reform and reappraisal of the 1989 Tiananmen massacre. On September 14, authorities released CDP leader Zhu Yufu after he completed a seven-year sentence for participating in prodemocracy activities. On the same day, authorities detained CDP leader Chen Shuqing on suspicion of inciting "to subvert state power." More than 30 current or former CDP members reportedly remained imprisoned or held in reeducation-through-labor camps, including Zhang Lin, Zhao Changqing, Sang Jiancheng, He Depu, Yang Tianshui, Wang Rongqing, and Jiang Lijun. The government placed no special restrictions on the participation of women or minority groups in the political process. However, women held few positions of significant influence in the CCP or government structure. There was one female vice premier on the 24-member Politburo. There was also one woman among the five state councilors. The head of a key CCP organization, the United Front Work Department, was a woman. During the year women headed one of the country's 28 ministries, and 25 women served at the level of vice minister or higher. The government encouraged women to exercise their right to vote in village committee elections and to stand for those elections, although only a small fraction of elected members were women. In many locations, a seat on the village committee was reserved for a woman, who was usually given responsibility for family planning. At the end of 2005, there were 13.6 million female party members, making up 19.2 percent of the 70.8 million members of the Communist Party. Women constituted 20.2 percent of the NPC and 14.2 percent of the NPC Standing Committee. In 2002 the 16th Party Congress elected 27 women to serve as members or alternates on the 198 person Central Committee, a slight increase over the total of the previous committee. Minorities constituted 13.9 percent of the NPC, although they made up approximately 8.4 percent of the population. All of the country's 55 officially recognized minority groups were represented in the NPC membership. The 16th Party Congress elected 35 members of ethnic minority groups as members or alternates on the Central Committee. The only ministerial-level post, held by an ethnic minority was the Ethnic Affairs post and there was one ethnic minority, Vice Premier Hui Liangyu, on the Politburo. Minorities held few senior party or government positions of significant influence (see section 5). Government Corruption and Transparency Corruption remained an endemic problem. The National Audit Office found that 48 ministerial level departments misused or embezzled approximately $685 million (RMB 5.51 billion) from the central government's 2005 budget, a 70 percent increase over the amount reported in 2004. Corruption plagued courts, law enforcement agencies, and other government agencies. In March 2000 foreign citizen Jude Shao was sentenced to 16 years' imprisonment for tax evasion after allegedly refusing to pay bribes to local tax auditors. He remained in prison at year's end, despite receiving a one-year reduction in his sentence in September. The courts and party agencies took disciplinary action against many public and party officials during the year. According to the SPP's March 11 report to the NPC, prosecutors filed and investigated 24,277 cases of embezzlement, bribery, or dereliction of duty; prosecuted 30,205 officials while investigating a total of 41,477 officials in 2005; and transferred 7,279 cases to judicial organs for prosecution. The CCP's CDIC reported that 110,000 officials were disciplined for breaking laws and party discipline in 2005. Inspection committees stripped 11,071 persons of CCP membership, more than twice the number in 2004. In some cases, sanctions administered by the CDIC reportedly substituted for sanctions by courts and other legal agencies. The country had no national freedom of information law, but many local jurisdictions continued to enact freedom of information regulations aimed at improving the public's communication with and supervision over local government initiatives. Approximately 95 percent of government ministries, provincial governments and prefecture-level cities had Web sites, providing some, albeit restricted, public information. However, citizens, local media, and foreign journalists found it difficult to get information about government decision making, especially before decisions were formally announced. The government experimented with various forms of public oversight of government, including telephone hot lines and complaint centers, administrative hearings, increased opportunity for citizen observation of government proceedings, and other forms of citizen input in the local legislative process, such as hearings to discuss draft legislation. Citizens continued to file administrative lawsuits to seek legal redress against government malfeasance. According to official statistics, 95,707 administrative lawsuits were filed against the government in 2005, slightly more than in the previous year. Petitioning officials directly and outside the court system was also a common avenue used by citizens to redress grievances. Official media reported that 12.7 million petitions were filed at the county level and above in 2005, down from 13.7 million in 2004 (see section 2.b.). Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights The government sought to maintain control over civil society groups, halt the emergence of independent NGOs, and prevent what they have called the "westernization" of China. The government did not permit independent domestic NGOs to monitor openly or to comment on human rights conditions; existing domestic NGOs were harassed. The government tended to be suspicious of independent organizations and increased scrutiny of NGOs with links overseas. Most large NGOs were quasi-governmental in nature, and all NGOs had to be sponsored by government agencies (see section 2.b.). During the year the government continued its intensified efforts to monitor and control NGOs and used strict regulations to limit the growth of independent civil society, which were first implemented in 2005. An informal network of activists around the country continued to serve as a credible source of information about many human rights violations. The information was disseminated through organizations such as the Hong Kong-based Information Center for Human Rights and Democratic Movement in China and the New York-based Human Rights in China. When permitted by authorities, the press reported about officials who exceeded their authority and infringed on citizens' rights. However, the government remained reluctant to accept criticism of its human rights record by other nations or international organizations. It criticized reports by international human rights monitoring groups, claiming that such reports were inaccurate and interfered with the country's internal affairs. Representatives of some international human rights organizations reported that authorities denied their visa requests or restricted the length of visas issued to them (see section 2.d.). The government-established China Society for Human Rights is an NGO whose mandate was to defend the government's human rights record. The government maintained that each country's economic, social, cultural and historical conditions influence its approach to human rights. The government permitted the ICRC to open an office in Beijing, although it did not authorize the ICRC to visit prisons. The government submitted to the UN its first compliance report on the International Covenant on Economic, Cultural and Social Rights. The government continued unofficial discussions on human rights and prisoner issues with a San Francisco-based human rights group, although the government's cooperation with the group was not as extensive as in previous years. Section 5 Discrimination, Societal Abuse, and Trafficking in Persons There were laws designed to protect women, children, persons with disabilities, and minorities. However, in practice, some discrimination based on ethnicity, gender, and disability persisted. Women Violence against women remained a significant problem. There was no national law criminalizing domestic violence, but the Marriage Law provides for mediation and administrative penalties in cases of domestic violence. In August 2005 the NPC amended the Law on the Protection of Women's Rights specifically to prohibit domestic violence, although critics complained that the provision fails to define domestic violence. More than 30 provinces, cities, or local jurisdictions passed legislation aimed at addressing domestic violence. According to a 2004 survey by the All-China Women's Federation (ACWF), 30 percent of families had experienced domestic violence, and 16 percent of husbands had beaten their wives. The ACWF reported that it received some 300,000 letters per year complaining about family problems, mostly domestic violence. The actual incidence was believed to be higher because spousal abuse went largely unreported. According to experts, domestic abuse was more common in rural areas than in urban centers. In response to increased awareness of the problem of domestic violence, there were a growing number of shelters for victims. Most shelters were government run, although some included NGO participation. Rape is illegal, and some persons convicted of rape were executed. The law does not expressly recognize or exclude spousal rape. The law prohibits the use of physical coercion to compel persons to submit to abortion or sterilization. However, intense pressure to meet birth limitation targets set by government regulations resulted in instances of local birth-planning officials using physical coercion to meet government goals (see section 1.f.). In addition, women faced a disproportionate burden due to the government's enforcement of its birth limitation laws and practices. Such laws and practices required the use of birth control methods (particularly IUDs and female sterilization, which according to government statistics, accounted for more than 80 percent of birth control methods employed) and the abortion of certain pregnancies. Although prostitution is illegal, experts estimate that there were 1.7 to five million commercial sex workers in the country. The commercialization of sex and related trafficking in women trapped tens of thousands of women in a cycle of crime and exploitation and left them vulnerable to disease and abuse (see section 5, Trafficking). According to state-run media, one out of every five massage parlors in the country was involved in prostitution, with the percentage higher in cities. A 2004 Guangdong Province survey found that 74.2 percent of massage parlor workers were involved in prostitution. Unsafe working conditions were rampant among the saunas, massage parlors, clubs, and hostess bars in cities. Research indicated that up to 80 percent of prostitutes in some areas had hepatitis. Although the government made some efforts to crack down on the sex trade, credible media reports claimed that some local officials were complicit in prostitution, owned prostitution venues, or received proceeds from such businesses. Prostitution involved organized crime groups and businesspersons as well as the police and the military. Actions to curtail prostitution had limited results. In 2004 according to state-run media, an investigation of prostitution at entertainment facilities in Guangdong Province led to the permanent closure of 15 percent and temporary closure of another 40 percent of the facilities investigated. Courts have prosecuted persons involved in organizing and procuring prostitutes. The amended Law on the Protection of Women's Rights included a ban on sexual harassment, stating "the injured woman has the right to complain to the work unit and the relevant department" and may "bring a civil action in court for damages." Legal scholars and activists praised the amendment but emphasized the law should also specifically define what constitutes abusive behavior. Experts continued to suggest that many victims did not report sexual harassment out of fear of losing their jobs. The government has made gender equality a policy objective since 1949. The constitution states "women enjoy equal rights with men in all spheres of life." The Law on the Protection of Women's Rights and Interests provides for equality in ownership of property, inheritance rights, and access to education. Policies that once allotted work-unit housing only to the husband have become gender-neutral, and an April 2005 Supreme Court interpretation emphasized that housing rights are shared equally, even in cases of divorce. The State Council's National Working Committee on Children and Women coordinated women's policy. The ACWF was the leading implementer of women's policy for the government. Nonetheless, many activists and observers were concerned that the progress made by women over the past 50 years was eroding. They asserted that the government appeared to have made the pursuit of gender equality a secondary priority as it focused on economic reform and political stability. The Law on the Protection of Women's Rights and Interests was designed to assist in curbing gender-based discrimination. However, women continued to report that discrimination, sexual harassment, unfair dismissal, demotion, and wage discrepancies were significant problems. Social organizations and the government made efforts to educate women about their legal rights. In a high-profile case in September a Chinese actress made sexual harassment allegations against a China Central Television (CCTV) director on her blog. Although the director threatened to sue the actress for "libel," the case has not gone to court. Hundreds of thousands of Internet users expressed support for the actress. Women's networks, involving lawyers, activists, and the press, were active in Beijing, Shanghai, and other cities, highlighting problems and calling for solutions to gender-based discrimination. Nevertheless, women frequently encountered serious obstacles to the enforcement of laws. According to legal experts, it was difficult to litigate a sex discrimination suit because the vague legal definition made it difficult to quantify damages. As a result very few cases were brought to court. Some observers noted the agencies tasked with protecting women's rights tended to focus on maternity-related benefits and wrongful termination during maternity leave rather than on sex discrimination, violence against women, and sexual harassment. Women's rights advocates indicated that in rural areas, women often forfeited land and property rights to their husbands in divorce proceedings. The ACWF reported that 47 percent of laid-off workers were women, a percentage significantly higher than their representation in the labor force. Many employers preferred to hire men to avoid the expense of maternity leave and childcare, and some lowered the effective retirement age for female workers to 40 years of age (the official retirement age for men was 60 years and for women 55 years). In addition, work units were allowed to impose an earlier mandatory retirement age for women than for men, which limits women's lifetime earning power and career span. Lower retirement ages also reduced pensions, which generally were based on the number of years worked. Job advertisements sometimes specified height and age requirements for women. Women have less earning power than men, despite government policies that mandate nondiscrimination in employment and occupation. According to the UN's 2005 Human Development Report, nationwide women's salaries overall were only 66 percent of men's salaries, while women in rural areas earned only 60 percent of the income earned by males. Average incomes of female executives and senior professionals were respectively only 58 percent and 68 percent of their male colleagues' salaries. Most women employed in industry worked in lower-skilled and lower-paid jobs and in sectors, such as textiles, which were particularly vulnerable to restructuring of state-owned enterprises and layoffs. Women accounted for 60 percent of those below the poverty line. UNESCO reported that less than 2 percent of women between the ages of 15 and 24 were illiterate. According to 2005 official government statistics, women comprised 73.6 percent of all illiterate persons. In some underdeveloped regions, the female literacy rate lagged behind the male literacy rate by 15 percent or more. A high female suicide rate continued to be a serious problem. According to the World Bank and the World Health Organization, there were approximately 500 female suicides per day. The suicide rate for females was 25 percent higher than for males. Many observers believed that violence against women and girls, discrimination in education and employment, the traditional preference for male children, the country's birth limitation policies, and other societal factors contributed to the especially high female suicide rate. Women in rural areas, where the suicide rate for women is three to four times higher than for men, were especially vulnerable. While the gap in the education levels of men and women narrowed, differences in educational attainment remained a problem. According to a Chinese Academy of Social Sciences report, 61 percent of boys and 43 percent of girls in rural areas completed education higher than lower middle school. Men continued to be overrepresented among the relatively small number of persons who received a university-level education. According to official statistics, in 2005 women accounted for 47.1 percent of undergraduate and college students, 43.4 percent of postgraduate students, and 32.6 percent of doctoral students. Women with advanced degrees reported discrimination in the hiring process as the job distribution system became more competitive and market driven. Children The law prohibits maltreatment of children and provides for compulsory education. The State Council's National Working Committee on Children and Women was tasked with carrying out policy toward children. The law provides for nine years of compulsory education for children. However, in economically disadvantaged rural areas many children did not attend school for the required period and some never attended. Public schools were not allowed to charge tuition, but after the central government largely stopped subsidizing primary education, many public schools began to charge mandatory school-related fees to meet revenue shortfalls. Such fees made it difficult for poorer families and some migrant workers to send their children to school. According to government statistics, 98.6 percent of children nationwide were enrolled in elementary school. In 2005 the government reported that 51.4 percent of primary school students, 45.7 percent of junior secondary school students, and 44.0 percent of senior secondary school students were female. It was widely believed that the proportion of girls attending school in rural and minority areas was smaller than in cities. In 2003 the UN special rapporteur on the right to education visited and found that the government failed to provide education to many children of migrant workers and prohibited children from receiving religious education. The special rapporteur expressed serious concern about privatization of the costs of public education and reported that the government compelled parents to pay nearly half the costs of public education, making education inaccessible to many children. The special rapporteur also recommended the government immediately ban the practice of children performing manual labor at their schools to raise funds. According to the UN Children's Fund (UNICEF) 2004 statistics, the infant mortality rate was 26 per 1,000 and the mortality rate for children under five years of age was 31 per 1,000 live births. The Law on the Protection of Juveniles forbids infanticide; however, there was evidence that the practice continued. According to the National Population and Family Planning Commission, a handful of doctors have been charged with infanticide under this law. The law prohibits discrimination against minors with disabilities and codifies a variety of judicial protections for juvenile offenders. The physical abuse of children can be grounds for criminal prosecution. More than half of all boys and almost a third of all girls have been physically abused, according to survey results released at a May 2005 conference in Beijing. The survey reported that 10 percent of boys and 15 percent of girls have been sexually abused. These statistics were among those publicized at a National Consultation on Violence against Children, which the government and UNICEF sponsored. However, journalists were sanctioned for reporting on the rape of female students as young as 10 in Shanxi and Guangdong provinces. A media ban was also issued after a Nanjing newspaper publicized the forced sterilization of mentally challenged teenagers in Nantong, Jiangsu Province. Despite government efforts to prevent kidnapping and the buying and selling of children, these problems persisted in some rural areas, and children were trafficked for labor purposes (see section 5, Trafficking). According to official statistics, during the year juvenile crime fell after increasing sharply in 2005. In 2005 courts heard cases involving 82,692 juvenile offenders, up 18 percent from 2004 when courts heard cases involving 70,086 juvenile offenders. During the first eight months of the year, 11.4 percent fewer juveniles were convicted of crimes than during the same period in 2005. From 2000 to 2005, the annual increase in juvenile crime was approximately 11 percent. Abolition of the system of custody and repatriation in 2003 reduced the number of children detained administratively. Nonetheless, more than 150,000 "street children" lived in cities, according to state-run media. This number was even higher if the children of migrant workers, who spend the day on the streets were included. Juveniles were required by law to be held separately from adults, except when facilities were insufficient. In practice children sometimes were detained without their parents, held with adults, and required to participate in forced labor (see sections 1.c. and 6.c.). Female infanticide, sex-selective abortions, and the abandonment and neglect of baby girls remained problems due to the traditional preference for sons and the birth limitation policy (see section 1.f.). Many families, particularly in rural areas, used ultrasound to identify female fetuses and terminate pregnancies, even though this practice remained illegal. An official study in Hainan Province found that 68 percent of abortions were of female fetuses. According to a 2002 survey, 35 percent of women in one rural township admitted to having an abortion because of a preference for a male child. Female babies also suffered from a higher mortality rate than male babies, contrary to the worldwide norm. State media reported that infant mortality rates in rural areas were 27 percent higher for girls than boys. Neglect of baby girls was one factor in their lower survival rate. One study found the differential mortality rates were highest in areas where women had a lower social status and economic and medical conditions were poor. The law forbids the mistreatment or abandonment of children. The vast majority of children in orphanages were female; males in orphanages were usually disabled or in poor health. Medical professionals sometimes advised parents of children with disabilities to put the children into orphanages. The government denied that children in orphanages were mistreated or refused medical care but acknowledged that the system often was unable to provide adequately for some children, particularly those with serious medical problems. Adopted children were counted under the birth limitation regulations in most locations. As a result, couples that adopted abandoned baby girls were sometimes barred from having additional children. Trafficking in Persons Although the law prohibits human trafficking, trafficking in persons remained a serious problem. The country was both a source and destination country for trafficking in persons. Most trafficking was internal for the purposes of forced labor and forced marriage. Some cases involved trafficking of women and girls into forced prostitution in urban areas, and some reports suggested that certain victims, especially children, were sold into forced labor. In many cases, women and children were lured abroad with false promises of employment and then trafficked into prostitution or forced labor. Domestic and cross-border trafficking continued to be significant problems, although the exact numbers of persons involved could only be estimated due to a huge itinerant population of approximately 150 million. The MPS opened 2,884 trafficking cases involving female children in 2005. During this same period, the MPS resolved 2,471 cases and rescued 3,977 women and children. During the year Vietnamese authorities reported that 167 women and children were rescued from traffickers in China, an increase of 64 percent from the same period in 2005. Some experts and NGOs suggested that a shortage of marriageable women fueled the demand for abducted women, especially in rural areas. They argued that the serious imbalance in the male-female sex ratio at birth, the tendency for many village women to leave rural areas to seek employment, and the cost of traditional betrothal gifts all made purchasing a wife attractive to some poor rural men. Some men recruited women from poorer regions, while others sought help from criminal gangs. Criminal gangs either kidnapped women and girls or tricked them with promises of jobs and higher living standards, only to be transported far from their homes for delivery to buyers. Once in their new "family," these women were "married" and sometimes raped. Some accepted their fate and joined the new community; others struggled and were punished; a few escaped. Some former trafficking victims became traffickers themselves, lured by the prospect of financial gain. According to UN reports, most women and girls trafficked from abroad came from North Korea and Vietnam. Others came from Burma, Laos, Russia, and Ukraine. They were trafficked into the country for sexual exploitation, forced marriage, and indentured servitude in domestic service or businesses. Past reports noted that trafficking of North Korean women and girls into the country to work in the sex industry was widespread in the northeastern part of the country, but reliable sources suggested that the practice has decreased. North Korean women reportedly were sold for approximately $380 to $1,260 (RMB 3,040 to 10,080). Women reportedly were also trafficked from Vietnam for the purpose of forced marriage. The UN reported that Chinese citizens were most often trafficked to Malaysia, Thailand, the United Kingdom, and the United States. Second-tier destinations included Australia, European countries, Canada, Japan, Italy, Burma, Singapore, South Africa, and Taiwan. Trafficked persons became entangled with alien smuggling rings, which often had ties to organized crime and were international in scope. Persons trafficked by alien smugglers paid high prices for their passage to other countries, where they hoped that their economic prospects would improve. There were credible reports that some promised to pay from $30,000 to $50,000 (RMB 240,000 to RMB 400,000) each for their passage. Upon arrival, many reportedly were forced to repay traffickers for the smuggling charges and their living expenses by working in specified jobs for a set period of time. Living and working conditions for trafficked persons were generally poor. Traffickers restricted their movements and confiscated their travel documents. Threats to report trafficking victims to the authorities or to retaliate against their families if they protested made trafficked persons even more vulnerable. When arrested and brought to court, human smugglers received five- to ten-year jail sentences and fines up to $6,000 (RMB 48,000). In very serious cases, courts imposed life imprisonment or the death penalty. MPS officials stated that repatriated victims of trafficking no longer faced fines or other punishment upon their return. However, authorities acknowledged that errors sometimes occurred because of corruption among police, provisions allowing for the imposition of fines on persons traveling without proper documentation, and the difficulty in identifying victims. Trafficking victims often lacked proper identification, which made it difficult to distinguish them from person who illegally crossed borders. Kidnapping and the buying and selling of children for adoption continued, particularly in poor rural areas. There were no reliable estimates of the number of children trafficked. Domestically, most trafficked children were sold to couples unable to have children, particularly sons. In the past, most infants rescued were male, but increased demand for children has reportedly driven traffickers to focus on females as well. Children were also trafficked from poorer interior areas to relatively more prosperous areas for work. Traffickers reportedly often enticed parents to relinquish their children with promises of large remittances their children would be able to send home. Some children worked in factories but many ended up under the control of local gangs and were induced to commit petty crimes such as purse snatching. The purchase of women was criminalized in 1991 when the NPC Standing Committee enacted its "Decision Relating to the Severe Punishment of Criminal Elements Who Abduct and Kidnap Women and Children." This decision made abduction and sale separate offenses. Between 2001 and 2005, police opened more than 28,000 trafficking cases, arrested more than 25,000 suspected traffickers, and rescued more than 35,000 victims. In July, 28 members of a trafficking ring in Guangdong Province received sentences ranging from two years imprisonment to the death penalty. The ring had forced 10 women into prostitution. In 2005 10 members of a Guangzhou baby smuggling ring were convicted of smuggling 37 male infants. According to several media reports the average price was US$1,250 (RMB 10,000) per child, although other media reports quoted a range of prices from several thousand to a few hundred dollars per child. Despite government efforts to eliminate trafficking in women and children, the problem persisted. There were reports of local officials' complicity in both alien smuggling and in prostitution, which sometimes involved trafficked women. In some cases, village leaders sought to prevent police from rescuing women who had been sold to villagers. The two principal organs responsible for combating trafficking were the MPS and the State Council's Work Committee for Women and Children. In addition, the SPC, the SPP, the Ministry of Civil Affairs, the Central Office in Charge of Comprehensive Management of Public Order, and the Legislative Office of the State Council played roles in this area. It was central government policy to provide funds to provincial and local police to house victims and return them to their homes. Government-funded women's federation offices provided counseling on legal rights, including the options for legal action against traffickers, to some victims. The ACWF assisted victims in obtaining medical and psychological treatment. Persons with Disabilities The law protects the rights of persons with disabilities and prohibits discrimination; however, conditions for such persons lagged far behind legal dictates, failing to provide persons with disabilities with access to programs designed to assist them. According to the official press, all local governments have drafted specific measures to implement the law. The Ministry of Civil Affairs and the China Disabled Persons Federation, a government-organized civil association, were the main entities responsible for persons with disabilities. According to the China Disabled Persons' Federation, there were 60 million persons with disabilities. According to government statistics, 3,335 educational and vocational centers provided training and job-placement services for persons with disabilities. During the year 572,000 persons with disabilities received education or training. However, some 1.2 million urban and 3.4 million rural persons with disabilities were unemployed. Nationwide, 275,000 school-age children with disabilities did not attend school. Nearly 100,000 organizations exist, mostly in urban areas, to serve those with disabilities and protect their legal rights. The government, at times in conjunction with NGOs, sponsored programs to integrate persons with disabilities into society. However, misdiagnosis, inadequate medical care, stigmatization, and abandonment remained common problems. According to reports, doctors frequently persuaded parents of children with disabilities to place their children in large government-run institutions, where care was often inadequate. Those parents who chose to keep children with disabilities at home generally faced difficulty finding adequate medical care, day care, and education for their children. Government statistics showed that almost one-quarter of persons with disabilities lived in extreme poverty. Unemployment among adults with disabilities remained a serious problem. Standards adopted for making roads and buildings accessible to persons with disabilities were subject to the Law on the Handicapped, which calls for their "gradual" implementation; compliance with the law was lax. Students with disabilities were discriminated against in access to education. The law permits universities legally to exclude otherwise qualified candidates from higher education. The law forbids the marriage of persons with certain acute mental illnesses, such as schizophrenia. If doctors find that a couple is at risk of transmitting disabling congenital defects to their children, the couple may marry only if they agree to use birth control or undergo sterilization. The law stipulates that local governments must employ such practices to raise the percentage of healthy births. Media reports publicized the forced sterilization of mentally challenged teenagers in Nantong, Jiangsu Province. National/Racial/Ethnic Minorities According to the 2000 census, the population of the country's 55 officially recognized ethnic minorities totaled 106.4 million, or 8.4 percent of the total population. Additionally some citizens identified themselves as members of unrecognized ethnic minorities. Most minority groups resided in areas they traditionally inhabited. Government policy provides members of recognized minorities with preferential treatment in birth planning, university admission, access to loans, and employment. In May 2005 new regulations designed to enhance minority preferences in education became effective. Nonetheless, in practice the majority Han culture often discriminated against minorities. Most minorities in border regions were less educated, and job discrimination in favor of Han migrants remained a serious problem even in state-owned enterprises. In June the Xinjiang Production and Construction Corps announced that it would recruit 840 employees from the Xinjiang Uighur Autonomous Region, designating nearly all of the job openings for Han Chinese. Racial discrimination was the source of deep resentment in some areas, such as Xinjiang, Inner Mongolia, and Tibet. As part of the government's emphasis on building a "harmonious society," the government downplayed racism against minorities and tension among different ethnic groups. But even in the Yanbian Korean Autonomous Prefecture of Jilin Province, which the government recognized as the most "harmonious" ethnic area, there is a perceived ceiling in career advancement for ethnic Koreans. Incomes in minority areas remained well below those in other parts of the country, particularly for minorities. Han Chinese benefited disproportionately from government programs and economic growth. Many development programs disrupted traditional living patterns of minority groups and included, in some cases, the forced relocation of persons (see section 2.d.). The government's policy to encourage Han migration into minority areas resulted in significant increases in the population of Han Chinese in Xinjiang. According to 2005 statistics published by Xinjiang officials, nine million of Xinjiang's 19.6 million official residents were Uighur. Approximately 7.8 million Xinjiang residents were Han (40 percent of the total population), up from 300,000 Han in 1949 (6 percent of the total population). Significant numbers of Kazakhs, Hui, Kyrgyz, and other minorities also lived in Xinjiang. Official statistics underestimated the Han population because they did not count the tens of thousands of Han Chinese who were long-term "temporary workers." The migration of ethnic Han into Xinjiang in recent decades caused the Han-Uighur ratio in the capital of Urumqi to shift from 20 to 80 to 80 to 20 and was a source of Uighur resentment. According to 2005 figures, non-Tibetan residents of the TAR comprised 5.9 percent of the population, but that figure did not include a large number of long-term Han Chinese "temporary" residents. Their presence also caused resentment among some Tibetans (see Tibet Addendum). Minorities constituted 14 percent of the NPC, which was higher than their percentage in the population. According to a 1999 government report, 2.7 million minority officials served in the government. A Xinhua report claimed that more than 25 percent of Inner Mongolia's cadres were ethnic minorities, even though ethnic minorities constituted only 21 percent out of the region's population of 23.79 million. A government report stated that ethnic minority representation in the NPC was 62.7 percent in Xinjiang, 68.2 percent in Tibet, 58.8 percent in Guangxi, 59.8 percent in Ningxia, and 40.7 percent in Inner Mongolia. Nonetheless, Han officials held the most powerful party and government positions in minority autonomous regions, particularly Xinjiang. In April 2005 the government announced that 500 of 700 new government jobs in Southern Xinjiang would be reserved for Han Chinese. In September 2005 the Xinjiang Daily announced that 947 Han cadres were being sent to areas where ethnic unrest had occurred. Han Chinese also held a majority of positions in security services, including special border brigades and new counterterrorism brigades that had some police powers. The government continued moving away from the two-track school systems that used either standard Chinese or the local minority language and toward a new system that required schools to teach both standard Chinese and local minority languages or to teach standard Chinese only. Prior to adopting the new policy, the vast majority of Uighur children in Xinjiang attended Uighur language schools and generally received an hour's Chinese-language instruction per day. Graduates of minority language schools typically needed intensive Chinese study before they could handle Chinese-language course work at a university. The dominant position of standard Chinese in government, commerce, and academia put graduates of minority-language schools who lacked standard Chinese proficiency at a disadvantage. Koranic education was tightly controlled and use of Arabic in public schools is forbidden (see section 2.c.). During the year the government allocated an additional $15 million (RMB 120 million) to build new schools and support technical training for minority students who drop out before high school. A campaign in Xinjiang targeting the "three evils" of religious extremism, splittism, and terrorism continued. Authorities in Xinjiang regularly grouped together individuals or organizations involved in the three evils, making it difficult to determine whether particular raids, detentions, or judicial punishments were targeted at those peacefully seeking to express their political and religious views or those who engaged in violence (see section 2.c.). The government's war on terror continued to be used as a pretext for cracking down harshly on Uighurs expressing peaceful political dissent and on independent Muslim religious leaders. In December 2003 the government published an "East Turkestan Terrorist List," which labeled organizations such as the World Uighur Youth Congress and the East Turkestan Information Center as terrorist entities. These groups openly advocated East Turkestan independence, but only one group, the East Turkestan Islamic Movement was designated by the UN as a terrorist organization. Uighurs were sentenced to long prison terms and many were executed on charges of separatism. During a previous "strike hard" campaign, which officially concluded in 2003, authorities stated they prosecuted more than 3,000 cases in Xinjiang and held mass sentencing rallies attended by more than 300,000 persons. By its own account, from January to August 2004 the government broke up 22 groups engaged in what it claimed were separatist and terrorist activities and meted out 50 death sentences to those charged with separatist acts. In February 2005 Uighur writer Nurmuhemmet Yasin was sentenced to 10 years in prison after publishing a short story which authorities claimed advocated separatism. In April 2005 writer Abdulla Jamal was detained in Xinjiang, reportedly for writings that promoted Uighur independence. In August 2005 10 individuals reportedly were arrested for possession of pamphlets and audiotapes that called for an independent state. Later in the year, editor of the Kashgar Literature Journal Korash Huseyin was sentenced to three years in prison. In October 2005 Ismail Semed, an ethnic Uighur from Xinjiang, was reportedly convicted and sentenced to death on charges of "attempting to split the motherland" and other counts related to possession of firearms and explosives. In 2003 Uighur Shaheer Ali was executed after being convicted of terrorism. In June authorities charged Alim, Ablikim, and Qahar Abdurehim, three of Uighur activist and businesswoman Rebiya Kadeer's sons, with state security and economic crimes. Authorities reportedly beat and tortured Alim and Ablikim, and Alim reportedly confessed to the charges. On July 10, officials indicted Alim and Qahar and placed other family members under house arrest and surveillance. In 2004 Uighur Dilkex Tilivaldi was detained after meeting a foreign journalist. The government refused to clarify his whereabouts (see section 1.e.). Possession of publications or audiovisual materials discussing independence or other sensitive subjects was not permitted. According to reports, possession of such materials resulted in lengthy prison sentences. Officials in the region defended the campaign against separatism as necessary to maintain public order and continued to use the threat of violence as justification for extreme security measures directed at the local population and visiting foreigners. Han control of the region's political and economic institutions also contributed to heightened tension. Although government policies brought economic improvements to Xinjiang, Han residents received a disproportionate share of the benefits. Inner Mongolian cultural activist Hada continued to serve a 15-year sentence during the year (see sections 1.c. and 1.e.).
Released by the Bureau of Democracy, Human Rights, and Labor
March 6, 2007
HR Report 2006
(The section for Tibet, the report for Hong Kong, and the report for Macauare appended below.) The People's Republic of China (PRC) is an authoritarian state in which, as specified in its constitution, the Chinese Communist Party (CCP) is the paramount source of power. Party members hold almost all top government, police, and military positions. Ultimate authority rests with the 24-member political bureau (Politburo) of the CCP and its nine-member standing committee. General Secretary Hu Jintao holds the three most powerful positions as CCP general secretary, president, and chairman of the Central Military Commission. The party's authority rested primarily on the government's ability to maintain social stability; appeals to nationalism and patriotism; party control of personnel, media, and the security apparatus; and continued improvement in the living standards of most of the country's 1.3 billion citizens. Civilian authorities generally maintained effective control of the security forces. Although the constitution asserts that "the state respects and preserves human rights," the government's human rights record remained poor, and in certain areas deteriorated. There were an increased number of high-profile cases involving the monitoring, harassment, detention, arrest, and imprisonment of journalists, writers, activists, and defense lawyers, many of whom were seeking to exercise their rights under law. The government tightened restrictions on freedom of speech and the press, including stricter control and censorship of the Internet. Nongovernmental organizations (NGOs), both local and international, continued to face increased scrutiny and restrictions. As in previous years, citizens did not have the right to change their government. Other serious human rights abuses included instances of extrajudicial killings; torture and coerced confessions of prisoners; and the use of forced labor, including prison labor. Legal reforms continued to stall, as the party and state exercised strict political control of courts and judges, and maintained closed trials and administrative detention. Executions often took place on the day of conviction or immediately after the denial of an appeal. A lack of due process and new restrictions on lawyers further limited progress toward rule of law. Individuals and groups, especially those considered politically sensitive, continued to face tight restrictions on their freedom to assemble; their freedom to practice religion, including strengthened enforcement of religious affairs regulations implemented in 2005; and their freedom to travel. The government continued its coercive birth limitation policy, in some cases resulting in forced abortion and sterilization. The government failed to adequately protect refugees, and the forced repatriation of North Koreans continued to be a grave problem. Serious social conditions that affected human rights included endemic corruption, trafficking in persons, and discrimination against women, minorities, and persons with disabilities. The government continued its severe cultural and religious repression of minorities in Tibetan areas and Xinjiang; in Xinjiang, trials and executions of Uighurs charged with separatism continued. The government continued to pursue some criminal and judicial reforms. China's highest court, the Supreme People's Court (SPC), began implementing new appellate procedures for hearing death penalty cases and took concrete steps towards reclaiming the death penalty review power from provincial courts. In July the Supreme People's Procuratorate (SPP) issued new regulations that detail criteria for prosecuting official abuses of power, and clarified that police are accountable when they use torture to coerce confessions. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life During the year politically motivated and other arbitrary and unlawful killings occurred, although no official statistics on deaths in custody were available. On September 30, People's Armed Police at the Nangpa La pass fired at a group of approximately 70 Tibetans attempting to cross into Nepal, killing 17-year-old nun Kelsang Namtso and wounding others (see Tibet Addendum). In December 2005 police shot and killed at least three protesters in Dongzhou Village, Guangdong Province. Villagers claimed that as many as 20 villagers were shot and killed by paramilitary riot police, with approximately 40 others missing. The government said the shooting occurred after protesters threw explosives at police and claimed that three protesters were killed. On May 24, 13 villagers from Dongzhou were sentenced to prison terms ranging from three to seven years for alleged crimes during the protest. Four government officials were given internal warnings, but only the deputy director of the local Public Security Bureau (PSB) was removed from his position. Trials involving capital offenses sometimes took place under circumstances involving severe lack of due process and with no meaningful appeal. Some executions took place on the day of conviction or failed appeal. In past years executions of Uighurs whom authorities accused of separatism, but which some observers claimed were politically motivated, were reported (see sections 1.e. and 5). The government regarded the number of death sentences it carried out as a state secret. However, in March 2004 a National People's Congress (NPC) deputy asserted that nearly 10,000 cases per year "result in immediate execution," a figure SPC and Ministry of Justice officials stated was exaggerated. Foreign experts estimated that the country executed between 5,000 and 12,000 persons each year. Media reports stated that approximately 10 percent of executions were for economic crimes, especially corruption. The SPC began implementing new appellate procedures requiring it to review all death sentences, thus consolidating and reclaiming the death penalty review power from provincial courts. The SPC and SPP issued a joint interpretation to establish specific guidelines for how local courts and procuratorates should handle death penalty appeals. The SPC added three new tribunals to conduct reviews of death sentences and hired hundreds of personnel to staff the new tribunals, but at year's end it had not begun exercising its reclaimed review authority. The SPC has not issued a judicial interpretation to settle unresolved issues in the death penalty review process and to clarify its own procedures for final review (see section 1.e.). b. Disappearance Tsewangnorbu, a Web master for a Web site run by the Snow Country Tibetans, was not heard from after Gansu Province security authorities shut down the Web site in March 2005, according to NGOs. His whereabouts remained unknown. In October Shi Xiaoyu was reportedly detained in Zhejiang Province after writing about labor disputes online. His status remained unknown. Shanghai petitioner Chen Xiaoming was detained by police in February, and his whereabouts remain unknown. At year's end the government had not provided a comprehensive, credible accounting of all those killed, missing, or detained in connection with the violent suppression of the 1989 Tiananmen demonstrations. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The law forbids prison guards from extorting confessions by torture, insulting prisoners' dignity, and beating or encouraging others to beat prisoners. However, police and other elements of the security apparatus employed widespread torture and degrading treatment when dealing with some detainees and prisoners. UN Rapporteur on Torture Manfred Nowak's March report to the UN Commission on Human Rights blamed the prevalence of torture on institutional weakness and lack of judicial independence in a system that pressures police to solve cases and allows them wide discretion in matters of arrest and detention. Former detainees credibly reported that officials used electric shocks, beatings, shackles, and other forms of abuse. In January four teenagers from Anhui Province were released from custody. Media reports said authorities were investigating three police officers on suspicion of using torture to coerce false confessions from the teenagers. Public security officials acknowledged that the teenagers' cases were mishandled. In June authorities charged Alim, Ablikim, and Qahar Abdurehim, three of Uighur businesswomen Rebiya Kadeer's sons, with state security and economic crimes. Authorities beat Alim and Ablikim, and Alim confessed to the charges against him after reportedly being tortured. In October 2005 Falun Gong adherents Liu Boyang and Wang Shuohui of Changchun, Jilin Province reportedly died in custody after being tortured by police. Beijing-based petitioner leader Ye Guozhu was reportedly tortured and abused in prison, including beatings with electric batons, suspension from the ceiling by his arms, and shackled and forced to sit in extreme positions for extended periods of time. Inner Mongolian cultural activist Hada was also reportedly tortured. Approximately half of all alleged acts of torture occurred in pretrial criminal detention centers or reeducation-through-labor centers. In February the Ministry of Justice established punishments for prison and reeducation-through-labor police who beat, or induce others to beat, prisoners. In March UN Special Rapporteur Nowak reaffirmed earlier findings that torture remained widespread. Nowak reported that beatings with fists, sticks, and electric batons continued to be the most common tortures. He also found that prisoners continued to suffer cigarette burns, prolonged periods of solitary confinement, and submersion in water or sewage, and that they were made to hold extreme positions for long periods, were denied medical treatment, and were forced to do hard labor. Death row inmates were shackled or handcuffed 24 hours per day and systematically abused to break their will and force confession. According to Nowak, officials specifically targeted house church groups, Falun Gong adherents, Tibetans, and Uighur prisoners for abuse. Nowak found that procedural and substantive measures to prevent torture were inadequate. Since the crackdown on Falun Gong began in 1999, estimates of the numbers of Falun Gong adherents who died in custody due to torture, abuse, and neglect ranged from several hundred to a few thousand (see section 2.c.). UN Special Rapporteur Nowak reported in March that Falun Gong practitioners accounted for 66 percent of victims of alleged torture while in government custody. The Ministry of Public Security (MPS) began audio and video taping of police interrogations in homicide and organized crime cases in an attempt to prevent coerced confessions. In May the government concluded a campaign to curb coerced confessions. The campaign exposed 3,700 cases of official abuse and resulted in 1,924 prosecutions and 1,450 convictions. On November 29, the PSB punished 100 alleged prostitutes and their procurers in an act of public shaming in the southern city of Shenzhen. Officials paraded the women in front of jeering crowds, revealed their names and alleged crimes over a loudspeaker, and then sentenced them to administrative detention without trial. According to reports, the purpose of this campaign was to dissuade women from turning to prostitution and intimidate men who patronized brothels. Sexual and physical abuse and extortion were reported in some detention centers. Falun Gong activists reported that police raped female practitioners, including an incident in November 2005 at the Dongchengfang police station in Tunzhou City, Hebei Province, in which two women were raped while in detention. According to foreign researchers, the country had 20 ankang institutions (high-security psychiatric hospitals for the criminally insane) directly administered by the Ministry of Public Security. Persons committed to these institutions had no mechanism for objecting to public security officials' determinations of mental illness. Some dissidents, persistent petitioners, and others were housed with mentally ill patients in these institutions. Patients in these hospitals were reportedly given medicine against their will and forcibly subjected to electric shock treatment. The regulations for committing a person into an ankang psychiatric facility were not clear. Credible reports indicated that a number of political and trade union activists, underground religious believers, persons who repeatedly petitioned the government, members of the banned China Democratic Party, and Falun Gong adherents were incarcerated in such facilities during the year. These included Wang Miaogen, Wang Chanhao, Pan Zhiming, and Li Da, who were reportedly held in an ankang facility run by the Shanghai PSB. Activists sentenced to administrative detention also reported they were strapped to beds or other devices for days at a time, beaten, forcibly injected or fed medications, and denied food and use of toilet facilities. Prison and Detention Center Conditions The Ministry of Justice administered more than 700 prisons with a population of more than 1.8 million inmates, according to 2005 official statistics. In addition, 30 jails for juveniles held approximately 22,000 juvenile offenders. The country also operated hundreds of administrative detention centers, which were run by security ministries and administered separately from the formal court system (see section 2.d.). Conditions in penal institutions for both political prisoners and common criminals generally were harsh and degrading. Prisoners and detainees often were kept in overcrowded conditions with poor sanitation. Prison capacity was an increasing problem in some areas. Food often was inadequate and of poor quality, and many detainees relied on supplemental food and medicines provided by relatives; some prominent dissidents were not allowed to receive such goods. During the year new reports from overseas medical and legal experts asserted that the government harvested organs from executed prisoners without consent. At least one formal complaint was filed with the government by a family alleging that their executed son's organs were harvested before the body was returned to the family for burial. In July 2005 Vice Minister of Health Huang Jiefu confirmed that the majority of organs used in transplants in the country come from executed prisoners. A Ministry of Health directive prohibits buying and selling human organs and tissues and requires that organ donations from deceased individuals be "handled according to society's ethical and moral principles." However, new regulations that went into effect in July focus on organ trade, which refers to persons voluntarily selling their organs, a practice rare in China, but leave intact old provisions that legalize organ harvesting if no one claims the body for burial. Critics also assert that the regulations apply to Ministry of Health hospitals but not military hospitals, where it is alleged that transplants for foreigners were conducted. Adequate, timely medical care for prisoners remained a serious problem, despite official assurances that prisoners have the right to prompt medical treatment. Labor activist Xiao Yunliang remained in prison in very poor health. Other prisoners with health concerns included democracy activists Qin Yongmin, Hua Di, Wang Sen, and He Depu; Internet writers Yang Zili and Luo Yongzhang; labor activists Hu Shigen and Zhang Shanguang; Inner Mongolian activist Hada; foreign residents Yang Jianli and Wang Bingzhang; and religious prisoners Zhang Rongliang, Liu Fenggang, and Gong Shengliang. Acknowledging guilt was a precondition for receiving certain prison privileges, including the ability to purchase outside food, make telephone calls, and receive family visits. Prison officials often denied privileges to those, including political prisoners, who refused to acknowledge guilt. Conditions in administrative detention facilities, such as reeducation-through-labor camps, were similar to those in prisons. Beating deaths occurred in administrative detention and reeducation-through-labor facilities. The law requires juveniles to be held separately from adults, unless facilities are insufficient. In practice, children sometimes were held with adult prisoners and required to work (see sections 1.d. and 6.c.). Political prisoners were segregated from each other and placed with common criminals, who sometimes beat political prisoners at the instigation of guards. Newly arrived prisoners or those who refused to acknowledge committing crimes were particularly vulnerable to beatings. The government generally did not permit independent monitoring of prisons or reeducation-through-labor camps, and prisoners remained inaccessible to most international human rights organizations. In July 2005 the International Committee of the Red Cross (ICRC) opened a regional delegation in Beijing, although the government did not grant the ICRC access to prisons. d. Arbitrary Arrest or Detention Arbitrary arrest and detention remained serious problems. The law permits police and security authorities to detain persons without arresting or charging them. Because the government tightly controlled information, it was impossible to determine accurately the total number of persons subjected to arbitrary arrest or detention. According to 2005 official statistics, 500,000 persons were held in 310 reeducation-through-labor camps. In 2004, special administrative detention facilities held more than 350,000 offenders. The government also confined some Falun Gong adherents, petitioners, labor activists, and others to psychiatric hospitals. Role of the Police and Security Apparatus The security apparatus is made up of the Ministries of State Security and Public Security, the People's Armed Police, the People's Liberation Army (PLA), and the state judicial, procuratorial, and penal systems. The Ministries of State Security and Public Security were responsible for internal security. SPP and SPC officials admitted that courts and prosecutors often deferred to the security ministries on policy matters and individual cases. The PLA was responsible for external security, but also had some domestic security responsibilities. The MPS coordinates the country's law enforcement, which is administratively organized into local, county, provincial, and specialized police agencies. Recent efforts have been made to strengthen historically weak regulation and management of law enforcement agencies; however, judicial oversight was limited, and checks and balances were absent. Corruption at the local level was widespread. Police officers reportedly coerced victims, took individuals into custody without just cause, arbitrarily collected fees from individuals charged with crimes, and mentally and physically abused victims and perpetrators. The SPP acknowledged continuing widespread abuse in law enforcement. In July the SPP issued new standards for prosecuting official abuses of power. Domestic news media reported the convictions of several public security officials who had beaten to death suspects or prisoners in their custody. Nonetheless, investigation of misconduct typically only came in response to publicity, public pressure, and persistent efforts by relatives of victims to petition the government. In July an SPP spokesperson said there were many abuse of power cases that the procuratorates did not dare handle. Arrest and Detention Public security organs do not require court-approved warrants to detain suspects under their administrative detention powers. After detention, the procuracy can approve formal arrest without court approval. The courts, the procuracy, and public security organs grant bail only in a small minority of cases. Access to lawyers is limited before formal charges are filed, and lawyers generally cannot discuss the substance of a detainee's case with the detainee before formal charges are filed. Administrative detention was frequently used to intimidate political activists and prevent public demonstrations (see section 2.b.). The government was reforming its administrative punishment system, but reforms seek to codify rather than abolish it. In March the new public order administrative punishment law went into effect. The law provides for administrative review of detention decisions, bans administrative detention of minors, the elderly, pregnant women, and nursing mothers, places limits on interrogation, and limits the maximum period for public order detentions to 20 days. However, the law also establishes more severe punishments and creates 165 new offences subject to administrative punishment, including illegal demonstrations, disturbing social order in the name of religion, invasion of privacy, and publication that incites ethnic or national hostility or discrimination. Police continued to hold individuals without granting access to family members or lawyers, and some trials continued to be conducted in secret. Detained criminal suspects, defendants, their legal representatives, and close relatives were entitled to apply for bail; however, in practice few suspects were released on bail pending trial. Extended, unlawful detention remained a problem. In January the government reported to UN Special Rapporteur Nowak that there were no serious cases of extended detention lasting more than three years and that cases of persons held beyond lawful time limits were at an all-time low. In May the SPP acknowledged that unlawful extended detentions remain a problem and that authorities misused legal provisions to hide this. Law enforcement officials continued to detain citizens for long periods without formal charge or trial. A number of politically sensitive individuals were held for periods longer than the time authorized by law, which varied depending on the stage a case is in. In some cases, investigating security agents or prosecutors sought repeated extensions, resulting in pretrial detention of a year or longer. The government used incommunicado detention. The law requires notification of family members within 24 hours of detention, but individuals were often held without notification for significantly longer periods, especially in politically sensitive cases. Under a sweeping exception, officials were not required to provide notification if doing so would "hinder the investigation" of a case. In some cases police treated those with no immediate family more severely. Citizens who were reportedly detained with no or severely delayed notice included HIV/AIDS activist Hu Jia, blind legal activist Chen Guangcheng, attorney Zhu Jiuhu, petitioner advocate Hou Wenzhuo, and writer Guo Feixiong (also known as Yang Maodong). On February 16, Hu Jia was detained and held incommunicado for 41 days, until March 28 (see sections 1.d. and 4). During Hu's detention, police questioned him about his contacts with rights lawyer Gao Zhisheng. On August 15, Gao was likewise detained and thereafter held incommunicado by government authorities. The law permits nonjudicial panels, called labor reeducation panels, to sentence persons without trial to three years in reeducation-through-labor camps or other administrative detention programs. The labor reeducation committee is authorized to extend a sentence up to one year. Defendants could challenge reeducation-through-labor sentences under the administrative litigation law and appeal for a reduction in, or suspension of, their sentences (see section 1.e.). However, appeals rarely succeeded. Many other persons were detained in similar forms of administrative detention, known as "custody and education" (for prostitutes and those soliciting prostitutes) and "custody and training" (for minors who committed crimes). Administrative detention was frequently used to intimidate political activists and prevent public demonstrations (see section 2.b.). A special form of reeducation centers was used to detain Falun Gong practitioners who had completed terms in reeducation through labor but whom authorities decided to continue detaining. Authorities arrested persons on charges of revealing state secrets, subversion, and common crimes to suppress political dissent and social advocacy. Citizens also were detained and prosecuted under broad and ambiguous state secrets laws for, among other actions, disclosing information on criminal trials, meetings, and government activity. Information could retroactively be classified a state secret by the government. Citizens writing on the Internet were detained, arrested, and sentenced on state secrets and subversion charges during the year (see section 2.a.). Among those specially targeted for arbitrary detention or arrest during the year were current and former China Democracy Party (CDP) activists, Falun Gong practitioners, domestic and foreign journalists, unregistered religious figures, and former political prisoners and their family members. Gao Zhisheng was detained and questioned several times during the year. On August 15, authorities reportedly abducted Gao from his sister's home in Shandong Province and thereafter detained him. Gao's wife and children were under house arrest in Beijing. On November 24, Gao Zhisheng's wife, Geng He, was attacked by local officials while shopping in Beijing. In February activist Hu Jia disappeared after launching a hunger strike protesting government abuses. Officials held Hu for 41 days at an undisclosed location without any legal formalities or notice to his family (see section 1.b.). The government continued to use house arrest as a nonjudicial punishment and control measure against dissidents, former political prisoners, family members of political prisoners, petitioners, underground religious figures, and others it deemed politically sensitive. In some cases house arrest involved constant monitoring, but the target of house arrest was occasionally permitted to leave the home to work or run errands. When outside the home, the subject of house arrest was usually, but not always, under surveillance. House arrest encompassed varying degrees of stringency but sometimes included complete isolation in one's own home or another location under lock and guard. In some instances security officials assumed invasive positions within the family home, rather than monitoring from the outside. Former senior leader Zhao Ziyang died in January 2005, after spending more than 15 years under house arrest in Beijing for his support of student demonstrations at Tiananmen in 1989. Zhao's former aide Bao Tong remained under similar surveillance in his home. In September 2005 blind legal advisor and family planning whistleblower Chen Guangcheng was placed under house arrest without charge or trial for nine months. Local authorities did not formally notify Chen of his criminal detention until June 10 (see section 1.e.). On June 5, activist lawyer Zheng Enchong was released from prison and placed under house arrest. Several underground Catholic priests and bishops were under house arrest for varying periods during the year. The longest serving among them may be Bishop Su Zhimin, who has reportedly been detained in a form of house arrest in Baoding, Hebei Province, since 1997. An unverified press report circulated in June stated that Bishop Su had died in custody. The government did not respond to this report. Police continued the practice of placing under surveillance, harassing, and detaining citizens around politically sensitive events, including before the first anniversary of Zhao Ziyang's death in January, the plenary sessions of the NPC and Chinese People's Political Consultative Conference (CPPCC) in March, and the anniversary of the founding of the PRC in October. Authorities in Xinjiang used house arrest and other forms of arbitrary detention against those accused of the "three evils" of extremism, splittism, and terrorism. Because authorities failed to distinguish carefully between peaceful activities supporting independence, "illegal" religious activities, and violent terrorism, it was difficult to determine whether raids, detentions, arrests, or judicial punishments were targeted at those peacefully seeking political goals, those seeking worship, or those engaged in violence (see section 5). Others held under house arrest for varying periods during the year included Tiananmen activist Qi Zhiyou, Internet writer Liu Di, underground Catholic bishops Jia Zhiguo and Wei Jingyi, members of the Tiananmen Mothers organization and of the Independent PEN Center for Freedom to Write. Family members of some detained political prisoners reported being under house arrest or other surveillance. Officials deployed a wide range of tactics to obstruct the work of lawyers representing sensitive clients, including unlawful detentions, disbarment, intimidation, refusal to allow a case to be tried before a court and physical abuse. According to the law, defense attorneys can be held responsible if their client commits perjury, and prosecutors and judges have wide discretion to decide what constitutes perjury. According to the All-China Lawyers Association, since 1997 more than 500 defense attorneys have been detained. More than 80 percent were acquitted, but the prosecutions nevertheless had a chilling effect on attorneys' willingness to handle controversial defense cases. In 1990 Beijing attorneys handled an annual average of 2.64 criminal cases; by 2000 the figure had dropped to 0.78. Nationwide, attorneys handled an average of only 0.72 criminal cases in 2004. On June 10, blind legal activist Chen Guangcheng, who publicized local officials' abuses in family planning policies, was formally arrested after nine months of informal house arrest. Local officials physically abused Chen several times after he tried to file lawsuits objecting to their abuses. Officials threatened attorneys and law professors who rallied to defend Chen. In June and July, local authorities obstructed attempts by lawyers to gather evidence in Chen Guangcheng's defense. The night before Chen's August 18 trial, local authorities detained Chen's lawyers on spurious charges, which were later dropped. The following day, court-appointed attorneys effectively conceded the case against Chen. On August 24, Chen was sentenced to four years' and three months' imprisonment on dubious charges of obstructing traffic and inciting others to destroy public property. Chen's case was later remanded for retrial, where he was represented by his own lawyers. However, courts affirmed Chen's original conviction and sentence on retrial and then again on appeal. In February lawyer Tang Jingling was beaten by thugs after visiting Guo Feixiong, who was under house arrest after helping villagers attempt to recall the elected village head of Taishi, Guangdong Province. Police refused to investigate the incident. In April Tang, who had begun practicing law at a second firm, was stripped of his license to practice law and dismissed from that law firm. According to the law, in routine criminal cases police can unilaterally detain persons for up to 37 days before releasing them or formally placing them under arrest. After a suspect is arrested, the law allows police and prosecutors to detain a person for up to seven months while public security organs further investigate the case. Another one and one-half months of detention are allowed where public security organs refer a case to the procuratorate to decide whether to file charges. If charges are filed, authorities can detain a suspect for an additional one and one-half month period between filing and trial. However, in practice the police detained persons beyond the time limits stipulated by law. In some cases, investigating security agents or prosecutors sought repeated extensions, resulting in pretrial detention of a year or longer. It was uncertain how many other prisoners were similarly detained. Beijing authorities held New York Times researcher Zhao Yan from September 17, 2004, until his trial on June 16. Authorities asserted that the pretrial extension was justified by special exceptions to the time limits, but Zhao and his lawyer claimed that the extended pretrial detention was unlawful. e. Denial of Fair Public Trial The law states that the courts shall exercise judicial power independently, without interference from administrative organs, social organizations, and individuals. However, in practice the judiciary was not independent. It received policy guidance from both the government and the CCP, whose leaders used a variety of means to direct courts on verdicts and sentences, particularly in politically sensitive cases. At both the central and local levels, the government and CCP frequently interfered in the judicial system and dictated court decisions. Trial judges decide individual cases under the direction of the trial committee in each court. In addition, the CCP's law and politics committee, which includes representatives of the police, security services, procuratorate, and courts, had the authority to review and influence court operations at all levels of the judiciary; in some cases the committee altered decisions. People's congresses also had authority to alter court decisions, but this happened rarely. Corruption often influenced judicial decision making, and safeguards against corruption were vague and poorly enforced (see section 3). In 2005 378 judges were investigated for taking bribes, and 66 were found criminally liable. Local governments appointed judges at the corresponding level of the judicial structure. Judges received their court finances and salaries from these government bodies and could be replaced by them. Local authorities often exerted undue influence over the judges they appointed and financed. The SPC is followed in descending order by the higher, intermediate, and basic people's courts. These courts handle criminal, civil, and administrative cases, including appeals of decisions by police and security officials to use reeducation through-labor and other forms of administrative detention. There were special courts for handling military, maritime, and railway transport cases. The CCP used a form of discipline known as shuang gui for violations of CPP discipline, but there were reports of its use against nonparty members. Shuang gui is similar to house arrest and can be authorized without judicial involvement or oversight. Shuang gui requires the CCP party member under investigation to submit to questioning at a designated place for a set period of time. According to regulations of the Central Discipline Inspection Commission (CDIC) governing shuang gui, corporal punishment is banned, the member's dignity must be respected, and he or she is regarded as a comrade unless violations are proved. Absent any legal oversight, it is unclear how these regulations were enforced in practice. Trial Procedures Trials took place before a judge, who often was accompanied by "people's assessors," lay persons hired by the court to assist in decision making. According to statistics published during the year, there were 48,211 people's assessors. According to law, people's assessors had authority similar to judges, but in practice they deferred to judges and did not exercise an independent jury-like function. The law gives most suspects the right to seek legal counsel shortly after their initial detention and interrogation, although police often circumvented defendants' right to seek counsel. Individuals who faced administrative detention do not have the right to seek legal counsel. The government expanded the scope of legal aid and required authorities to notify criminal defendants of their right to apply for legal aid. Both criminal and administrative cases remained eligible for legal aid, although 70 percent or more of criminal defendants still went to trial without a lawyer. According to the Ministry of Justice, during the first half of the year legal aid was granted in 124,800 cases. The number of government lawyers providing legal aid remained inadequate to meet demand. Nonattorney legal advisors and government employees provided the only legal aid options in many areas. According to government statistics, more than 10,000 employees provided legal aid at 3,155 legal aid centers. New regulations required law firms and private attorneys to provide some legal aid. During 2005 courts waived more than $158 million (RMB 1.27 billion) in litigation costs. Government-employed lawyers often refused to represent defendants in politically sensitive cases and defendants frequently found it difficult to find an attorney. When defendants were able to retain counsel in politically sensitive cases, government officials sometimes prevented effective representation of counsel. From June to August, local authorities obstructed lawyers' efforts to prepare Chen Guangcheng's defense and detained Chen's lawyers the night before his trial. During the trial, court-appointed defense counsel conceded much of the case against Chen (see section 1.d.). After the initial trial, officials obstructed Chen's lawyers' efforts to investigate and develop their case. In some sensitive cases, lawyers had no pretrial access to their clients, and defendants and lawyers were not allowed to speak during trials. In practice criminal defendants often were not assigned an attorney until a case was brought to court. For example, officials detained prominent rights attorney Gao Zhisheng on August 15 on "suspicion of involvement in criminal activity" and subsequently deprived Gao of his right to counsel by obstructing efforts to formalize Gao's representation. Officials later claimed that Gao declined representation by counsel. Even in nonsensitive criminal trials, only one of seven defendants had legal representation, according to credible reports. The mechanism that allows defendants to confront their accusers was inadequate; according to one expert, only 1 to 5 percent of trials involved witnesses. In most criminal trials prosecutors read witness statements, which neither the defendant nor his lawyer have an opportunity to question. Approximately 95 percent of witnesses in criminal cases did not appear in court to testify, in part due to hardship or fear of reprisals. Although criminal procedure law says pretrial witness statements cannot serve as the sole basis for conviction, officials relied heavily on such statements to support their cases. Defense attorneys had no authority to compel witnesses to testify or to mandate discovery, although they could apply for access to government-held evidence relevant to their case. In practice, pretrial access to information was minimal, and the defense often lacked adequate opportunity to prepare for trial. The criminal justice system was biased toward a presumption of guilt, especially in high-profile or politically sensitive cases. The conviction rate for first-instance criminal cases rose slightly and remained above 99 percent in 2005. In many politically sensitive trials, which rarely lasted more than several hours, the courts handed down guilty verdicts immediately following proceedings. Courts often punished defendants who refused to acknowledge guilt with harsher sentences than those who confessed. There was an appeals process, but appeals rarely resulted in reversed verdicts. Appeals processes failed to provide sufficient avenue for review, and there were inadequate remedies for violations of defendants' rights. Nationwide, appeals resulted in changed verdicts in only 0.36 percent of all cases, including capital cases. SPC regulations require all trials to be open to the public, with certain exceptions, such as cases involving state secrets, privacy, and minors. Authorities used the legal exception for cases involving state secrets to keep politically sensitive proceedings closed to the public and sometimes even to family members, and to improperly withhold access to defense counsel. Under the regulations, foreigners with valid identification are allowed the same access to trials as citizens, but in practice foreigners were permitted to attend court proceedings by invitation only. As in past years, foreign diplomats and journalists sought permission to attend a number of trials only to have court officials reclassify them as "state secret" cases, fill all available seats with security officials, or otherwise close them to the public. Some trials were broadcast, and court proceedings were a regular television feature. A few courts published their verdicts on the Internet. There was no adversary system, no presumption of innocence, and judges and prosecutors typically used an inquisitorial style to question the defendant, who was often the only witness. The law affords no right to remain silent, no protection against double jeopardy, and no rules governing the type of evidence that may be introduced. Police and prosecutorial officials often ignored the due process provisions of the law. The lack of due process was particularly egregious in death penalty cases. There were at least 68 capital offenses, including nonviolent financial crimes such as counterfeiting currency, embezzlement, and corruption. Executions were often carried out on the date of conviction. In February the Guangdong High Court announced that the death penalty could be applied in bag-snatching cases. Previously, the maximum sentence was three years. Following reports of wrongful murder convictions in 2005, the SPC made reform of the death penalty review process a top priority. During the year the SPC began implementing new appellate procedures for hearing death penalty cases, in an effort to reclaim the death penalty review power from provincial courts. The SPC added three new tribunals to handle the death penalty review function and some provincial-level high courts began conducting hearings in death penalty cases. The government also strengthened institutions, including legal aid centers, to assist citizens with legal claims. The government regarded the number of executions a state secret. Minors and pregnant women expressly were exempt from the death sentence, although in the past the government executed a few criminals who were under age 18 at the time they committed an offense. Courts lacked the independence and authority to rule on the constitutionality of laws. The law permits organizations or individuals to question laws and regulations they believe contradict the constitution, but a constitutional challenge first requires consultation with the body drafting the questioned regulation and can only be appealed to the NPC. Accordingly, lawyers had little or no opportunity to use the constitution in litigation. Political Prisoners and Detainees Government officials continued to deny holding any political prisoners, asserting that authorities detained persons not for their political or religious views, but because they violated the law; however, the authorities continued to confine citizens for reasons related to politics and religion. Tens of thousands of political prisoners remained incarcerated, some in prisons and others in reeducation-through-labor camps or administrative detention. The government did not grant international humanitarian organizations access to political prisoners. Western NGOs estimated that approximately 500 persons remained in prison for the repealed crime of "counterrevolution," and thousands of others were serving sentences under the state security law, which authorities stated covers crimes similar to counterrevolution. Persons who continued to be detained for counterrevolutionary offenses included labor activist Hu Shigen; Inner Mongolian activist Hada; and dissidents Yu Dongyue, Zhang Jingsheng, and Sun Xiongying. Foreign governments urged the government to review the cases of those charged before 1997 with counterrevolution and to release those who had been jailed for nonviolent offenses under provisions of the Criminal Law, which were eliminated when the law was revised. To date, no such review has occurred. The government maintained that counterrevolutionary prisoners were eligible for parole and early release on an equal basis with other prisoners but provided no evidence to support this assertion. Amnesty International has identified by name more than 80 persons who remained imprisoned or on medical parole for their participation in the 1989 Tiananmen demonstrations; other NGOs estimated that as many as 200 persons remained in prison for political activities connected to the demonstrations. Many political prisoners remained in prison or under other forms of detention during the year, including journalists Zhao Yan, Shi Tao, and Jiang Weiping; Internet writers Yang Zili and Xu Wei; labor activist Yao Fuxin; China Democracy Party cofounder Qin Yongmin; political dissident Yang Jianli; family planning whistleblower Chen Guangcheng; Su Zhimin and other underground Catholic bishops; house Christian activists Zhang Rongliang, Cai Zhuohua, and Liu Fenggang; Uighurs Tohti Tunyaz and Dilkex Tilivaldi; Tibetans Jigme Gyatso, Tenzin Deleg, and Gendun Choekyi Nyima; and Inner Mongolian cultural activist Hada. Political prisoners obtained parole and sentence reduction much less frequently than ordinary prisoners. Criminal punishments included "deprivation of political rights" for a fixed period after release from prison, during which the individual is denied the already limited rights of free speech and association granted to other citizens. Former prisoners sometimes found their status in society, ability to find employment, freedom to travel, and access to residence permits and social services severely restricted. Former political prisoners and their families frequently were subjected to police surveillance, telephone wiretaps, searches, and other forms of harassment, and some encountered difficulty in obtaining or keeping employment and housing (see section 1.f.). Civil Judicial Procedures and Remedies Courts deciding civil matters suffer from internal and external limitations on judicial independence. The State Compensation Law provides administrative and judicial remedies for deprivations of criminal rights, such as wrongful arrest or conviction, extortion of confession by torture, or unlawful use of force resulting in bodily injury. In civil matters, prevailing parties often find it difficult to enforce court orders, and resistance to the enforcement sometimes extends to forcible resistance to court police. f. Arbitrary Interference with Privacy, Family, Home, or Correspondence The law states that the "freedom and privacy of correspondence of citizens are protected by law"; however, the authorities often did not respect the privacy of citizens in practice. Although the law requires warrants before law enforcement officials can search premises, this provision frequently was ignored; moreover, the PSB and prosecutors could issue search warrants on their own authority without judicial consent, review, or consideration. Cases of forced entry by police officers continued to be reported. During the year authorities monitored telephone conversations, facsimile transmissions, e-mail, text messaging, and Internet communications. Authorities also opened and censored domestic and international mail. The security services routinely monitored and entered residences and offices to gain access to computers, telephones, and fax machines. All major hotels had a sizable internal security presence, and hotel guestrooms were sometimes bugged and searched for sensitive or proprietary materials. Some citizens were under heavy surveillance and routinely had their telephone calls monitored or telephone service disrupted. The authorities frequently warned dissidents and activists, underground religious figures, former political prisoners, and others whom the government considered to be troublemakers not to meet with foreigners. During the year police ordered many such citizens not to meet with foreign journalists or diplomats, especially before sensitive anniversaries, at the time of important government or party meetings, and during the visits of high-level foreign officials. Security personnel also harassed and detained the family members of political prisoners, including following them to meetings with foreign reporters and diplomats and urging them to remain silent about the cases of their relatives. In 2005 family members of prisoners were discouraged or prevented from meeting with the UN special rapporteur on torture. Forced relocation because of urban development continued, and in some locations, increased during the year. Protests over relocation terms or compensation, some of which included thousands of participants, were common, and some protest leaders were prosecuted during the year (see sections 2.b. and 3). Many evictions in Beijing were linked to construction for the 2008 Olympics. In rural areas, relocation for major state projects, such as dams, and for commercial development resulted in the forced relocation of millions of persons. The country's birth planning policies retained harshly coercive elements in law and practice. The laws restrict the rights of families to choose the number of children they have and the period of time between births. The penalties for violating the law are strict, leaving some women little choice but to abort pregnancies. In addition, implementation of the policy by local officials resulted in serious violations of human rights. Reports of forced sterilizations and abortions, in violation of the national law, continued to be documented in rural areas. During the year officials in Chongqing municipality and in Fujian Province reportedly forcibly sterilized women. In June Western media reported that a woman fell to her death while fleeing Anhui authorities who were trying to force her to abort twins. The law standardizes the implementation of the government's birth limitation policies; however, enforcement varied significantly from place to place. The law grants married couples the right to have one birth and allows eligible couples to apply for permission to have a second child if they meet conditions stipulated in local and provincial regulations. Many provincial regulations require women to wait four years or more after their first birth before making such an application. According to the UN Population Fund (UNFPA), the spacing requirement was removed in eight and relaxed in 10 of 30 counties across 30 provinces participating in UNFPA's "Fifth Country Program." The law requires couples that have an unapproved child to pay a "social compensation fee," which sometimes reached 10 times a person's annual disposable income, and grants preferential treatment to couples who abide by the birth limits. Although the law states that officials should not violate citizens' rights, these rights, as well as penalties for violating them, are not clearly defined. The law provides significant and detailed sanctions for officials who help persons evade the birth limitations. Social compensation fees are set and assessed at the local level. The law requires family planning officials to obtain court approval before taking "forcible" action, such as detaining family members or confiscating and destroying property of families who refuse to pay social compensation fees. However, in practice this requirement was not always followed. The one-child limit was more strictly applied in the cities, where only couples meeting certain conditions (e.g., both parents are only children) were permitted to have a second child. In most rural areas (including towns of under 200,000 persons), which included approximately 60 percent of the country's population, the policy was more relaxed, generally allowing couples to have a second child if the first was a girl or had a disability. Central government policy formally prohibits the use of physical coercion to compel persons to submit to abortion or sterilization, although reports of physical coercion to meet birth targets continued. Provinces were responsible for implementation of the regulations. All provincial-level governments except the Tibet Autonomous Region (TAR) amended their regulations to conform to the new law. For example, Anhui Province passed a law permitting 13 categories of couples, including coal miners, some remarried divorcees, and some farm couples, to have a second child. Ethnic minorities like the Uighurs and the Tibetans are also allowed more than one child. Seven provinces--Anhui, Hebei, Heilongjiang, Hubei, Hunan, Jilin, and Ningxia--require "termination of pregnancy" if the pregnancy violates provincial family planning regulations. An additional 10 provinces--Fujian, Guizhou, Guangdong, Gansu, Jiangxi, Qinghai, Sichuan, Shanxi, Shaanxi, and Yunnan--require unspecified "remedial measures" to deal with out-of-plan pregnancies. In order to delay childbearing, the law sets the minimum marriage age for women at 20 years and for men at 22 years. It continued to be illegal in almost all provinces for a single woman to have a child. Social compensation fees were levied on unwed mothers. The country's population control policy relied on education, propaganda, and economic incentives, as well as on more coercive measures such as the threat of job loss or demotion and social compensation fees. Psychological and economic pressures were common. According to provincial regulations, the fees ranged from one-half to 10 times the average worker's annual disposable income. Those who violated the child limit policy by having an unapproved child or helping another to do so faced disciplinary measures such as job loss or demotion, loss of promotion opportunity, expulsion from the party (membership in which was an unofficial requirement for certain jobs), and other administrative punishments, including in some cases the destruction of property. In the case of families that already had two children, one parent was often pressured to undergo sterilization. These penalties sometimes left women with little practical choice but to undergo abortion or sterilization. There were several rewards for couples who adhered to birth limitation laws and policies, including monthly stipends and preferential medical and educational benefits. The National Population and Family Planning Commission (NPFPC) expanded a number of programs to encourage smaller families. For example, new pension benefits were made available nationwide for those who adhered to birth limitation laws. The law states that family planning bureaus will conduct pregnancy tests on married women and provide them with unspecified "follow-up" services. Some provinces fine women who do not undergo periodic pregnancy tests. For example, in Hebei fines ranges from $25 to $62.50 (RMB 200 to 500) and in Henan from $6 to $62.50 (RMB 50 to 500). Officials at all levels remained subject to rewards or penalties based on meeting the population goals set by their administrative region. Promotions for local officials still depended in part on meeting population targets. There continued to be sporadic reports of violations of citizens' rights by local officials attempting to reduce the number of births in their region. The most egregious reports occurred in 2005 in Linyi, Shandong Province. International press reports alleged that local official detained some 130,000 persons and forced them to submit to abortions or sterilization procedures. At least 7,000 persons were forcibly sterilized. Local officials profited from this illegal system by charging detention fees. Local rights activists documented several cases of forced late-term abortions. According to law, citizens may sue officials who exceed their authority in implementing birth-planning policy. However, local officials retaliated with impunity against whistleblower Chen Guangcheng for his work in exposing the Linyi family planning abuses. In August Chen was sentenced to four years' and three months' imprisonment on dubious charges of obstructing traffic and damaging public property (see section 1.e.). Laws and regulations forbid the termination of pregnancies based on the sex of the fetus, but because of the intersection of birth limitations with the traditional preference for male children, particularly in rural areas, many families used ultrasound technology to identify female fetuses and terminate these pregnancies (see section 5). The male-female birth ratio for first births was 118.58 to 100 (compared with norms of between 103 and 107 to 100), and in some parts of the country, the ratio was even more skewed. For second births, the national ratio was 152 to 100. While the NPFPC continued to deny a direct connection between family planning and skewed sex ratios at birth, it promoted expanded programs to raise awareness of the sex ratio imbalance and to improve protection of the rights of girls. Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and Press The law provides for freedom of speech and of the press, although the government generally did not respect these rights in practice. The government interpreted the CCP's "leading role," as mandated in the constitution, as superseding and circumscribing these rights. The government continued to threaten, arrest, and imprison many individuals for exercising rights to free expression. Internet essayists and journalists in particular were targeted. Hunan writer Shi Tao, New York Times employee Zhao Yan, and Hong Kong-based journalist for the Singapore's Straits Times Ching Cheong remained in prison. In November Ching Cheong, who was tried in a closed hearing in August, had his appeal denied by the Beijing High People's Court. On December 19, Lu Jianhua, a former media commentator and researcher at a top state-run academic institution, was sentenced in closed proceedings to 20 years' imprisonment. Lu, who was originally detained in December 2005, was found guilty of leaking state secrets in August. The government continued to control print, broadcast, and electronic media tightly and used them to propagate government views and CCP ideology. Such controls tightened during the year, and it was increasingly difficult to express views that differed from the official line on the Internet, through broadcast media, and in print. Media outlets received regular guidance from the Central Propaganda Department, which listed topics that should not be covered, including politically sensitive topics. All media employees were under explicit orders to follow CCP directives and guide public opinion. These measures greatly restricted the freedom of journalists and Internet writers to report the news and led to a high degree of self-censorship. So long as the speaker did not publish views that challenged the Communist Party or disseminate such views to overseas audiences, the range of permissible topics for private speech continued to grow. Political topics could be discussed privately and in small groups without punishment, and minor criticisms of the government were common topics of daily speech. However, public speeches, academic discussions, and speeches at meetings or in public forums covered by the media remained circumscribed. Those who aired views that disagreed with the government's position on controversial topics risked punishment ranging from disciplinary action at government work units to police interrogation and detention. These restrictions and more formal restrictions on freedom of the press and academic freedom had a chilling effect on freedom of speech. Some citizens continued to speak out and publish on controversial topics, despite the government's restrictions. For example, in January Guangzhou Professor Yuan Weishi wrote an article in Freezing Point, a popular investigative segment in the China Youth Daily newspaper, calling for a reassessment of sensitive historical points, resulting in a six-week suspension of the publication Journalists who reported on topics that met with the government's or local authorities' disapproval continued to suffer harassment, detention, and imprisonment. Yang Xiaoqing, a reporter for the Beijing-based China Industrial Economy News, was detained in January, charged with blackmail and extortion in February and sentenced in June to one year in prison. Yang reported for the newspaper on alleged corruption among county officials in Hunan Province. Other journalists who remained in prison included Huang Jinqiu, Li Changqing, Yu Huafeng, Li Minying, Cheng Yizhong, Yang Xiaoqing, and Shi Tao. International NGOs reported that at year's end 32 journalists and 50 cyberdissidents remained in prison. Detention of journalists and Chinese employees working for foreign media outlets increased concern that the government was attempting to intimidate foreign correspondents and newspapers. In August the Beijing Intermediate Court sentenced Hong Kong-born journalist Cheng Xiang (more commonly known as Ching Cheong) of the Singapore Straits Times to five years in prison for espionage. NGOs reported he was detained while researching a story about former leader Zhao Ziyang, while the government claimed he accepted money from overseas intelligence groups. New York Times employee Zhao Yan was sentenced in August to three years in prison for fraud after a Beijing court unexpectedly dismissed charges of divulging state secrets, which could have carried a 10-year sentence. Zhao maintained his innocence, and his lawyer criticized the courts for not allowing Zhao to testify, call on witnesses, or present evidence to the court. In addition, to criminal prosecution of writers, some government officials used civil lawsuits and other punishments to intimidate authors and block controversial writings. On October 25, writer Li Jianping was sentenced to two years' imprisonment on the charges of "incitement to subvert state power." In April 2005 Li was detained in Zibo, Shandong Province, for posting articles critical of the CCP on foreign Web sites. No verdict has issued from the August 2004 libel trial of Anhui Province authors Chen Guidi and Wu Chuntao over their book China Peasant Survey (Nongmin Diaocha). The book, a best seller until it was banned, described abuse and extortion of farmers by local officials, one of whom sued the authors and their publishing house for libel. The government continued to close publications and punish journalists for printing material deemed too sensitive. In January the propaganda department suspended publication of Freezing Point. A January 11 Freezing Point essay by Zhongshan University professor Yuan Weishi questioning key historical events recounted in school textbooks drew the attention of the censors. In March, following the removal of Freezing Point's editor-in-chief Li Datong and deputy editor Lu Yuegang, the publication reappeared with a lengthy refutation of Yuan's January essay. In February Chen Jieren, editor of the Public Interest Times, was reportedly fired for publishing articles revealing financial misconduct among local officials in Shaanxi Province. Also in February, Li Yuanlong, a reporter for the Bijie Daily in Guizhou Province, was charged with "inciting to subvert state power," and in July he was sentenced to two years' imprisonment. Li was reportedly arrested in September 2005 for posting articles on the Internet about harsh living conditions in rural Guizhou. Newspapers could not report on corruption without government and party approval, although authorities approved reports regarding some high-profile cases. In September, when Shanghai party secretary Chen Liangyu was dismissed from office, the Propaganda Department issued strict guidelines forbidding unsanctioned commentary and ordering all publications only to print Xinhua News Service reports. Publishers printed original material at their own risk. During the year journalists and editors who exposed corruption scandals frequently faced problems with the authorities. Propaganda authorities also restricted reporting about public protests (see section 2.c.). Authorities also continued to block reporting and prevented journalists from covering violent protests, including student protests in June in Henan Province, where graduates rioted after learning their university reneged on a pledge to list a more prestigious school on their diplomas. Officials continued to censor and ban some reporting on labor, health, and environmental crises. Transparency in the health sector improved compared with the government's cover up of the initial Severe Acute Respiratory Syndrome (SARS) outbreak in 2003. Central government officials pledged to promptly report cases of avian influenza but acknowledged that local authorities did not do so in some cases. International observers acknowledged that transparency had improved with regard to avian influenza but expressed concern about delays in reporting some human and animal cases. Hong Kong media reported that the Guangzhou Bureau of Health told hospitals to submit detailed interview outlines and questions for approval two days before any media interview. Some academics were unable to publish results of independent research into contagious disease cases. In 2005 the government banned dozens of newspapers and confiscated almost one million "illegal" political publications. There were a few privately funded print publications but no privately owned television or radio stations or Internet portals. The censorship process for private and government media increasingly relied on self-censorship and, in a few cases, post-publication sanctions. Nonetheless, the Central Propaganda Department continued to list areas that were off limits to media, and the government maintained authority to approve all programming. By law, only government-approved publishing houses were permitted to print books. The State Press and Publications Administration (PPA) controlled all licenses to publish. No newspaper, periodical, book, audio, video, or electronic publication may be printed or distributed without the PPA and relevant provincial publishing authorities' approval of both the printer and distributor. Individuals who attempted to publish without government approval faced imprisonment, fines, confiscation of their books, and other sanctions. The CCP exerted control over the publishing industry by preemptively classifying certain topics as off limits; selectively rewarding with promotions and perks those publishers, editors, and writers who adhered to CCP guidelines; and punishing with administrative sanctions and blacklisting those who did not. Underground printing houses were targets of periodic campaigns to stop all illegal publications, including pornography and pirated computer software and audiovisual products. Many intellectuals and scholars exercised self-censorship, anticipating that books or papers on political topics would be deemed too sensitive to be published. Overt intervention by the PPA and the Central Propaganda Department, which provides editorial guidelines for all media, usually occurred after publication. In past years officials reportedly destroyed Uighur books on the grounds that Uighur groups used art and literature to distort historical fact and advocate ethnic separatism. Uighur writers and editors, including the editor of the Kashgar Literature Journal Korash Huseyin, were jailed in 2005 for publishing stories that authorities maintained advocated separatism (see section 5). Authorities continued to ban books containing content they deemed controversial. Among the most notable was Serve the People, a sexually explicit novel that officials said debased Chairman Mao's image and Notes on Party History, which exposed historical incidents that were reportedly embellished or fabricated by the CCP. The authorities continued to jam, with varying degrees of success, Chinese-, Uighur-, and Tibetan-language broadcasts of the Voice of America (VOA), Radio Free Asia (RFA) and the BBC. English-language broadcasts on VOA generally were not jammed. Government jamming of RFA and BBC appeared to be more frequent and effective. Internet distribution of "streaming radio" news from these sources often was blocked. Despite jamming overseas broadcasts, VOA, BBC, RFA, and Radio France International had a large audience, including rights advocates, ordinary citizens, and government officials. Television broadcasts of foreign news, largely restricted to hotels and foreign residence compounds, were occasionally subject to censorship. Politically sensitive coverage in Chinese, and to a lesser extent in English, was censored more than coverage in other languages. "Public service announcements" frequently interrupted news items critical of the government, particularly in the south, where television programming from Hong Kong was available. The government prohibited some foreign and domestic films from appearing in the country. In September the State Administration for Radio, Film and Television (SARFT) imposed a five-year filmmaking ban on director Lou Ye. SARFT banned Lou from showing his film Summer Palace, which is set during the 1989 Tiananmen protests, because he failed to obtain proper authorization. In February authorities detained filmmaker and foreign resident Wu Hao after Wu arranged an interview with rights attorney Gao Zhisheng. Wu, who was filming a documentary about unregistered churches, was released in July. Earlier in the year, SARFT banned distribution and screening of Mission Impossible III, on grounds that it depicted Shanghai in an unflattering light. Other foreign films banned during the year included Brokeback Mountain, based on its depiction of homosexuality and Memoirs of a Geisha, due to the controversy over ethnic Chinese actors playing Japanese characters. Visas to enter the country were sometimes denied for political reasons. For example, some foreign academics and journalists critical of the country continued to be denied visas. Others who intended to discuss human rights or rule of law issues also were denied visas. Representatives of some international human rights organizations reported that authorities denied their visa requests or restricted the length of visas issued to them (see section 4). Internet Freedom At year's end the China Internet Network Information Center reported that the number of Internet users jumped to 140 million, the majority of which had broadband access to the Internet. While the government continued to encourage expanded use of the Internet, it also took steps to monitor its use, control content, restrict information, and punished those who violated regulations. New restrictions aimed at increasing government control over the Internet included stricter Web site registration requirements, enhanced official control of online content, and an expanded definition of illegal online content. The country's Internet control system reportedly employed tens of thousands of persons. The government consistently blocked access to sites it deemed controversial, such as sites discussing Taiwan and Tibetan independence, underground religious and spiritual organizations, democracy activists, and the 1989 Tiananmen massacre. The government also at times blocked access to selected sites operated by major foreign news outlets, health organizations, and educational institutions. The number of blocked sites appeared to increase around major political events and sensitive dates. The authorities reportedly began to employ more sophisticated technology enabling the selective blocking of specific content rather than entire Web sites. Such technology was also used to block e-mails containing sensitive content (see section 1.f.). The government generally did not prosecute citizens who received dissident e mail publications but detained individuals who forwarded such messages. Individuals using the Internet in public libraries were required to register using their national identity card. Internet usage reportedly was monitored at all terminals in public libraries. The Ministry of Information Industry regulated access to the Internet while the Ministries of Public and State Security monitored its use. Regulations prohibit a broad range of activities that authorities interpret as subversive or slanderous to the state, including the dissemination of information that harms national unity or endangers national security. Promoting "evil cults" was banned, as was providing information that "disturbs social order or undermines social stability." Internet service providers (ISPs) were instructed to use only domestic media news postings, to record information useful for tracking users and their viewing habits, to install software capable of copying e-mails, and to end immediately transmission of so-called subversive material. Many ISPs practiced extensive self-censorship to avoid violating broadly worded regulations. In January several individuals were detained or imprisoned for their Internet writing during the year. Former Fuzhou Daily journalist and Internet essayist Li Changqing was sentenced to three years in prison for "spreading alarmist information." His Internet articles supported jailed corruption whistleblower Huang Jingao. On March 17, Ren Zhiyuan was sentenced to 10 years' imprisonment for "subversion of state power" for an Internet article holding that persons may rightfully overthrow tyranny through violent means. Ren was also suspected of planning to organize an opposition group called the "Mainland Democratic Front." On May 17, Internet essayist Yang Tongyan (more commonly known as Yang Tianshui) was sentenced to 12 years in prison for posting on overseas Web sites articles calling for the release of Chinese dissidents. Also in May, Internet author Guo Qizhen, who was preparing to join a hunger strike to support lawyer Gao Zhisheng and others, was detained for posting essays on a Web site supporting human rights. On October 9, Guo was sentenced to four years' imprisonment and three years' deprivation of political rights on the charge of "inciting subversion of state power." On October 12, Internet writer Zhang Jianhong was arrested and charged with "inciting subversion of state power." The police took Zhang into custody on September 6, removed disk drives and a telephone book from his house, and questioned his wife about articles he posted on Web sites. On August 12, Zan Aizong, chief correspondent of the Hangzhou Bureau of the Beijing-based China Ocean News, was detained for publishing an Internet piece criticizing the demolition of a nearby church. Zan was released on August 18, but was promptly fired. In August Deng Yongliang, another Internet essayist, was detained in Shandong Province, where he had traveled to cover the trial of legal activist Chen Guangcheng. Authorities released Deng in September but confiscated his computer hard drive and mobile telephone. During the year the government continued its efforts to get companies to sign a "Public Pledge on Self Discipline for China's Internet Industry." Several hundred companies signed the pledge, including popular Chinese Internet companies like Sina.com and Sohu.com and Yahoo's local partner Alibaba.com. Those who signed the pledge agreed not to spread information that "breaks laws or spreads superstition or obscenity." They also promised to refrain from "producing, posting, or disseminating pernicious information that may jeopardize state security and disrupt social stability." According to court documents, Yahoo provided information to security authorities, including access to private e-mail accounts, used in the prosecution of journalist Shi Tao for leaking state secrets. The company said it was required to provide the information under national law and customs. On April 9, 14 major Internet portals, including Sina.com, Sohu.com, Baidu.com and Yahoo's Chinese Web site issued a joint proposal calling for the Internet industry to censor indecent and harmful information, spread the ideas of Hu Jintao, encourage "passionate love of the motherland," and accept government supervision. Chinese search engines such as Baidu.com and the China-based search engines of Yahoo!, MSN and Google filtered search results, including those relating to the Voice of America, Radio Free Asia, and human rights. Official statistics showed that as of July, authorities shut down approximately 700 online forums. In June authorities shut down Sina.com and Sohu.com for several days to allow the popular Internet portals to upgrade their filtering capabilities after censors found that the portals failed to filter certain key words deemed politically harmful. In July the Beijing Communications Administration shut down the Century China Web site, a popular online forum for discussing current affairs and historical issues, and several other sites. In August authorities shut down China Consultation Net after the site published results of a poll asking visitors whether the general secretary of the Communist Party should be elected from among candidates competing for the position. Internet cafes must install software that allows government officials to monitor customers' Internet usage. Internet users at cafes were often subject to surveillance. Many cafes sporadically enforced regulations requiring patrons to provide identification. Academic Freedom and Cultural Events The government did not respect academic freedom and increased controls on political and social discourse at colleges, universities, and research institutes. Scholars and researchers reported varying degrees of control regarding issues they could examine and conclusions they could draw. Law professors were warned not to propose abolition of the reeducation-through-labor system. Scholar Xu Zerong received a nine-month sentence reduction in September, but he remained in prison. Scholars studying religion reported that the official Protestant church blocked some publications it found objectionable. Authorities canceled university conferences involving foreign and domestic academics on short notice when they deemed the topics at issue to be too sensitive. The government continued to use political attitudes as criteria for selecting persons for the few government-sponsored study abroad programs but did not impose such restrictions on privately sponsored students. In August Independent Chinese Pen Center (ICPC) member Wu Wei was reportedly stopped at the Hong Kong border while on his way to attend the ICPC's annual meeting (see section 2.d.). Researchers residing abroad also were subject to sanctions from the authorities when their work did not meet with official approval. b. Freedom of Peaceful Assembly and Association The law provides for freedom of peaceful assembly; however, the government severely restricted this right in practice. The law stipulates that such activities may not challenge "party leadership" or infringe upon the "interests of the state." Protests against the political system or national leaders were prohibited. Authorities denied permits and quickly suppressed demonstrations involving expression of dissenting political views. Freedom of Assembly At times police used excessive force against demonstrators. Demonstrations with political or social themes were often broken up quickly and violently. Widespread market reforms and rapid growth have resulted in increased social unrest, with large-scale public disturbances on the rise for more than a decade. As in past years, the vast majority of demonstrations during the year concerned land disputes, housing issues, industrial, environmental, and labor matters, government corruption, taxation, and other economic and social concerns. During the first half of the year, public security authorities reported 39,000 "public order disturbances," a 2.5 percent decrease from the same period in 2005, although these statistics were widely viewed as unreliable. While the scale of disturbances and incidents varied, some included thousands of participants. In April, for example, up to 3,000 riot police used tear gas and water cannons to disperse 4,000 villagers gathered to protest destruction of an unauthorized, farmer-initiated irrigation project in Bomei Village, Guangdong Province. Land protests involving hundreds or thousands of protesters also continued (see section 1.a.). In January one villager died and as many as 100 were injured when police disrupted 3,000 residents at a sit-in convened over a land dispute in Zhongshan City, Guangdong Province. In April more than 50 villagers were injured when 1,000 riot police confronted 2,000 villagers peacefully protesting a land dispute near Guangdong Province's Foshan City. Authorities detained potential protesters before the June 4 anniversary of the Tiananmen massacre, the first anniversary of Zhao Ziyang's death in January, and the March plenary sessions of the NPC and CPPCC. Dissidents were detained around the time of other sensitive events to head off public demonstrations (see section 1.d.). Labor protests over restructuring of state-owned enterprises and resulting unemployment continued, as did protests over environmental degradation and major infrastructure projects, such as dams. All concerts, sports events, exercise classes, or other meetings of more than 200 persons required approval from public security authorities. In practice much smaller gatherings also ran the risk of being disrupted by authorities. Unlike previous years, there were no sizable incidents of anti-Japanese protests. The government continued to wage a severe campaign against the Falun Gong movement. Falun Gong practitioners were subject to close scrutiny by local security personnel, and their personal mobility was tightly restricted, particularly at times when the government believed public protests were likely. Persons petitioning the government continued to face restrictions on their rights to assemble and raise grievances. Official news media reported that citizens presented 12.7 million petitions to "letters and visits" offices in 2005, but only 0.2 percent of petitions filed received a response. Most petitions mentioned grievances about land, housing, entitlements, the environment, or corruption. Petitioners largely sought to present their complaints at national and provincial "letters and visits" offices but also targeted foreign embassies and media to bring attention to their complaints. Petitioners continued to face harassment, detention, and incarceration. Petitioners in Liaoning and other provinces reported being accosted by plainclothes police and brought back to their homes before they could register their petitions in the capital. In June Fu Xiancai, who petitioned the government for compensation on behalf of 1.3 million persons forcibly relocated from their land due to the Three Gorges Dam project, was paralyzed from the neck down as a result of a beating he received at the hands of unidentified assailants. Although regulations implemented in 2005 banned retaliation against petitioners, reports of retaliation continued. This was partly due to incentives provided to local officials by the central government to prevent petitioners in their regions from raising complaints to higher levels. Incentives included provincial cadre evaluations based in part on the number of petitions from their provinces. This initiative aimed to encourage local and provincial officials to resolve legitimate complaints but also resulted in local officials sending security personnel to Beijing and forcibly returning the petitioners to their home provinces. Such detentions occurred both before and after the enactment of the new regulations and often went unrecorded. Freedom of Association The law provides for freedom of association, but the government restricted this right in practice. CCP policy and government regulations require that all professional, social, and economic organizations officially register with, and be approved by, the government. In practice these regulations prevented the formation of truly autonomous political, human rights, religious, spiritual, labor, and other organizations that might challenge government authority. Implementation of these regulations tightened during the year (see section 2.a.). Authorities established a task force in 2005 to increase scrutiny over NGOs, especially those with links overseas. Published reports said the task force was part of a campaign initiated in response to the "color revolutions" in former Soviet republics and aimed to block NGOs from fomenting political change. Security ministries participated in this task force and questioned representatives of domestic and international NGOs about their activities. International foundations, NGOs involved in social and charitable activities, and groups dedicated to combating discrimination against women, persons with disabilities, and minorities were targets of the campaign, along with organizations that focused on human rights issues. Since 2004 according to official statistics, the number of registered NGOs increased from 288,936 to 317,000. NGOs were required to register with the government. To register, an NGO must find a government agency to serve as the NGO's organizational sponsor, have a registered office, and hold a minimum amount of funds. Organizations with social or educational purposes that had previously been registered as private or for-profit businesses reportedly were requested to find a government sponsor and reregister as NGOs during the year (see section 4). Experts estimated that, including both registered and unregistered groups, there were perhaps as many as eight million quasi-governmental organizations and NGOs. Authorities supported the growth of some civil society organizations that address social problems such as poverty and HIV/AIDS. Over the past two years, officials increased measures aimed at supervising and controlling civil society organizations; however, various NGOs were still able to develop their own agendas, although the registered organizations all came under some degree of government control. Prominent activist Hu Jia resigned from an organization he helped establish to assist HIV/AIDS orphans, citing pressure on the organization's international donors. On November 24, HIV/AIDS activist Wan Yanhai was detained for three days in Beijing. Wan was forced to cancel an HIV/AIDS rights related workshop planned for November 26. Officials reportedly were concerned because workshop attendees included human rights lawyers (see section 5). A number of NGOs had support from foreign secular and religious NGOs, and several were able to undertake limited advocacy roles in public interest areas like women's issues, the environment, health, and consumer rights. According to government guidelines, NGOs must not advocate nonparty rule, damage national unity, or upset ethnic harmony. Groups that disregarded guidelines and unregistered groups that continued to operate could face administrative punishment or criminal charges. No laws or regulations specifically govern the formation of political parties. But the CDP remained banned, and the government continued to monitor, detain, and imprison current and former CDP members (see section 3). As in past years, individuals were charged with and convicted of "disclosing state secrets" after passing information to human rights NGOs based abroad (see section 4). c. Freedom of Religion The constitution and laws provide for freedom of religious belief and the freedom not to believe. However, the government sought to restrict religious practice to government-sanctioned organizations and registered places of worship and to control the growth and scope of the activity of religious groups. The government recognized five main religions: Buddhism, Taoism, Islam, Protestantism, and Catholicism. A government-affiliated association monitored and supervised the activities of each of these faiths. Membership in these faiths as well as unregistered religious groups grew rapidly. The government tried to control and regulate religious groups, especially groups that were unregistered. The extent of religious freedom continued to vary widely within the country. Freedom to participate in officially sanctioned religious activity continued to increase in most areas. Religious activity grew not only among the five main religions, but also among the Eastern Orthodox Church and folk religions. Bibles and other religious texts were available in most parts of the country. At the same time, some unregistered groups continued to experience varying degrees of official interference and harassment. Crackdowns against unregistered Protestants and Catholics, Muslims, and Tibetan Buddhists (see Tibet Addendum) continued. The government continued its repression of groups that it determined to be "cults" and of the Falun Gong spiritual movement in particular. All religious venues were required to register with the State Administration for Religious Affairs (SARA) or its provincial or local offices (known as Religious Affairs Bureaus (RABs). SARA and the RABs were responsible for monitoring and judging whether religious activity was "normal" and therefore lawful. SARA and the CCP's united front work department provided policy guidance and supervision over implementation of government regulations on religious activity. New regulations governing religious affairs, which came into effect in March 2005, delineated regulatory activities governing religious affairs and consolidated official pronouncements within a legal framework. However, the regulations provide general protection only for freedom of "religious belief," and not for expressions of belief. The regulations protect only those religious beliefs categorized vaguely as "normal." In practice, party doctrine guides resolution of religious issues and implementation of the regulations. The regulations protect the rights of registered religious groups, under certain conditions, to possess property, publish literature, train and approve clergy, and collect donations. However, the regulations have not created additional room for lawful religious activity by groups not affiliated with the five main religions. In this regard, the regulations merely codify past practices and give authorities broad discretion to define which religious activities are permissible. The law requires religious groups to register places of worship. Spiritual activities in places of worship that have not registered may be considered illegal and participants can be punished. Government officials stated that private homes where family and friends meet to study the Bible would not be required to register, but venues for formal worship services should be registered, even if such formal worship takes place in a private home. Clergy need not be approved by the government but must be reported to the government after being selected pursuant to the rules of the relevant government-affiliated religious association. Pressure on religious groups to register or to come under the supervision of official "patriotic" religious organizations continued during the year. Some groups registered voluntarily, while a number registered under pressure; several groups avoided officials in an attempt to avoid registration, and authorities refused to register others. Various unofficial groups reported that authorities refused them registration without explanation. The government contended that these refusals were mainly the result of failure to meet requirements concerning facilities and meeting spaces. Some religious groups were reluctant to comply with the regulations out of principled opposition to state control of religion or due to fear of adverse consequences if they revealed, as required, the names and addresses of church leaders and members. Local authorities' handling of unregistered religious groups, especially Protestant "house churches," varied widely. In certain regions government supervision of religious activity was minimal, and registered and unregistered Protestant and Catholic churches existed openly side-by-side and were treated similarly by the authorities. In such areas many congregants worshipped in both types of churches; congregants in unregistered churches were also able to procure Bibles at official churches. In some parts of the country, unregistered house churches with hundreds of members met openly, with the full knowledge of local authorities, who characterized the meetings as informal gatherings. In other areas house church meetings of more than a handful of family members and friends were strictly proscribed. House churches often encountered difficulties when their membership grew, when they arranged for the regular use of facilities for the purpose of conducting religious activities, or when they forged links with other unregistered groups. Leaders of unauthorized groups were sometimes the target of harassment, interrogation, detention, and physical abuse. Authorities frequently disrupted house church meetings and retreats, detained and questioned leaders and church members, and confiscated the personal property of house church leaders and members. During the year thousands of house church members were detained; a large number of these detentions occurred in Henan Province. Henan Province house Christian pastor Zhang Rongliang was convicted in June of obtaining a passport through fraud and of illegal border crossing. He was sentenced to seven-and-a-half years in prison. Beijing-based house church Christian Liu Fenggang, who was convicted in August 2004 with Xu Yonghai and Zhang Shenqi on charges of disclosing state secrets, remained in prison. Liu provided an overseas Chinese magazine information about abuse of Christians in the country. In February Lou Yuanqi was reportedly detained for holding unauthorized church services in Xinjiang. In April Li Huimin was reportedly sentenced to reeducation in Henan Province for holding house church meetings at his home. In May several house church activists were detained in Henan Province's Fugou County, while several others remained under detention. Persons associated with Protestant Christian worship outside government-approved venues also were subject to detention or abuse. In July and August, according to the China Aid Association, authorities in several provinces detained Protestant house church members. On July 19, Henan Province authorities reportedly raided a house church in Zhumadian, questioning more than 60 church members. On July 21, Hubei Province officials reportedly raided a house church meeting, questioning 20 church members. Officials later placed 10 church members under administrative detention lasting from 10 to 15 days. On July 24, Yunnan Province authorities reportedly detained four house church members. On July 27, Anhui Province officials reportedly raided a house church Sunday school, questioning approximately 40 individuals. Officials also placed pastors Cai Yili and Li Lizhong in administrative detention for 16 days. On August 19, officials from the Inner Mongolia Autonomous Region reportedly raided a house church, confiscating church property and warning church members that they could only meet at registered churches. As in previous years, there were reports that a number of Catholic priests, lay leaders, and laypersons were beaten or otherwise abused. In some localities, authorities reportedly pressured unregistered clergy and laypersons to renounce ordinations approved by the Holy See, join the official church, or face a variety of punishments including fines, job loss, and detentions. On September 11, Bishop Wu Qinjing, who was ordained in October 2005 with approval from the Holy See but without government permission, was detained for five days and forced to sign a document stating that his ordination was illegal. Harassment of unregistered Catholic bishops, priests, and laypersons, including government surveillance and detentions, continued. On July 2, authorities detained unregistered Bishop Jia Zhiguo for the tenth time since 2004; he was released on September 27. Bishop Yao Liang, who is 82 years old, was arrested on July 30 and remained under detention at year's end. There was no new information about unregistered Bishop Su Zhimin, who has been unaccounted for since his reported detention in 1997. In June an unverified press report circulated that Bishop Su had died in custody. The government did not respond to requests for information in the case. Bishop An Shuxin, Bishop Su's auxiliary bishop, was released on August 24, after 10 years in prison. Officials permitted Bishop An's release when he accepted recognition by the government and did not force him to register with the Catholic Patriotic Association (CPA). In late September unregistered Catholic priests Shao Zhoumin and Jiang Sunian were detained in Shenzhen upon their return from Europe. Sources also reported that Bishop Zhang Weizhu, Father Cui Xing, and Father Wang Quanjun remained detained in Hebei Province. According to the foreign-based Cardinal Kung Foundation, the whereabouts of Bishop Zhao Zhendong, who was detained in December 2004, remained unknown. In Hebei Province, officials detained a total of seven Catholic clerics and 90 laypersons. The government and the Holy See have not established diplomatic relations and there was no Vatican representative on the Mainland. The role of the pope in selecting bishops, the status of underground Catholic clerics, and Vatican recognition of Taiwan remained obstacles to improved relations. Although the government insisted that it retains power to impose conditions on the appointment of Catholic bishops, registered Catholics increasingly acknowledged the spiritual authority of the Holy See, and the Vatican has approved most registered bishops appointed by the government prior to consecration. In April and May, CPA officials consecrated two Catholic bishops without Vatican approval, reportedly forcing registered Catholic clerics to participate in the consecrations. The CPA also installed a bishop in Fujian Province, even though he was consecrated in 2000 without Holy See approval. In July officials demolished a large house church that was under constructed in Zhejiang Province and reportedly beat hundreds of house church members who arrived to protest the demolition. Officials repeatedly denied requests for permission to build a church. Traditional folk religions, such as Fujian Province's "Mazu cult," were still practiced in some locations. They were tolerated to varying degrees, often seen as loose affiliates of Taoism or as ethnic minority cultural practices. However, the government has labeled folk religions "feudal superstition" and sometimes repressed them. SARA established a new administrative division responsible for the activities of folk religions and religions outside the main five, including the Eastern Orthodox Church and the Church of Jesus Christ of Latter-day Saints. Buddhists made up the largest body of organized religious believers. The traditional practice of Buddhism continued to expand among citizens in many parts of the country. Tibetan Buddhists in some areas had growing freedom to practice their faith. However, government restrictions remained, particularly in cases in which the government interpreted Buddhist belief as supporting separatism, such as in some Tibetan areas and parts of the Inner Mongolian Autonomous Region. In February emissaries of the Dalai Lama met with government officials, in the fifth round of dialogue between the two sides since 2002 (see Tibet Addendum). Regulations restricting Muslims' religious activity, teaching, and places of worship continued to be implemented forcefully in Xinjiang. During the year authorities added women to the groups of persons prohibited from entering mosques. Other groups formally prohibited from entering mosques included children, CCP members, and government workers. However, in practice women and children were not uniformly barred from entering mosques. The government continued to use counterterrorism to justify religious repression of Uighur Muslims (see section 5). Xinjiang authorities continued to detain and arrest persons engaged in unauthorized religious activities and charged them with a range of offences including state security crimes. Xinjiang authorities often charged religious believers with committing the "three evils" of terrorism, separatism, and extremism. While targeted primarily at Muslims, the tight control of religion in Xinjiang affected followers of other religions as well. The government strictly controlled the practice of Islam, while the state-controlled Islamic Association of China aligned Islamic practice to CCP goals. However, in contrast to the heavy-handed approach to Muslims in Xinjiang Province, officials in Ningxia, Gansu, and Qinghai provinces approached religious affairs cautiously and were reluctant to interfere overtly in Muslims' activities. Authorities reserved the right to censor imams' sermons, and imams were urged to emphasize the damage caused to Islam by terrorist acts in the name of the religion. Certain Muslim leaders received particularly harsh treatment. Authorities conducted monthly political study sessions for religious personnel and the program continued through the year. In May the IAC announced it would establish an office to manage pilgrimages to Mecca. In the same month the China Islamic Conference passed a measure requiring religious personnel to study "new collected sermons" compiled by an IAC committee, including messages on patriotism and unity aimed at building a "socialist harmonious society." According to one overseas organization, 179 practitioners of the Sala order, a local Sufi branch of Islam, were arrested in August 2005 following a government ban on the movement. Although officials denied the ban, they considered the movement dangerous. In August 2004 eight Uighur Muslims in Hotan were reportedly charged with endangering state security and scores were detained on charges of engaging in "illegal religious activities." In addition to the restrictions on practicing religion placed on party members and government officials throughout the country, teachers, professors, and university students in Xinjiang were not allowed to practice religion openly. Muslims were permitted to make pilgrimages abroad, but the government reportedly penalized those who arranged unauthorized pilgrimages. Official reports noted that more than 9,700 Chinese Muslims traveled to Mecca for the Hajj pilgrimage, which began on November 29. This figure likely did not include participants who were not organized by the government, which numbered thousands in previous years. Between July and September, thousands of Uighur Muslims, who traveled to Pakistan to circumvent government-imposed controls on Hajj participants, were stuck in Islamabad because they were denied visas by the Saudi Arabian Embassy. Following demonstrations by the visa applicants outside the Saudi Embassy, visas were granted to approximately 1,000 applicants, although many more were forced to return to Xinjiang. The authorities permitted officially sanctioned religious organizations to maintain international contacts that do not involve "foreign control." However, what constitutes "control" is not defined. Regulations on religious practice by foreigners include a ban on proselytizing. Authorities generally allowed foreign nationals to preach to other foreigners, bring in religious materials for personal use, and preach to citizens at the invitation of registered religious organizations. Despite a ban on missionary activities, many foreign Christians teaching on college campuses openly professed their faith with minimum interference from authorities provided their religious activity remains discreet. Authorities permitted citizens who joined the Church of Jesus Christ of Latter-day Saints while they were outside of China to hold services after they returned. The authorities continued a general crackdown on groups considered to be "cults." These "cults" included not only Falun Gong and various traditional Chinese meditation and exercise groups (known collectively as qigong groups), but also religious groups that authorities accused of preaching beliefs outside the bounds of officially approved doctrine. Groups that the government labeled cults included Eastern Lightning, the Servants of Three Classes, the Shouters, the South China Church, the Association of Disciples, the Full Scope Church, the Spirit Sect, the New Testament Church, the Way of the Goddess of Mercy, the Lord God Sect, the Established King Church, the Unification Church, and the Family of Love. Authorities accused some in these groups of lacking proper theological training, preaching the imminent coming of the apocalypse or holy war, or exploiting the reemergence of religion for personal gain. The government accused the Eastern Lightning group and some other unregistered Christian groups of involvement in violence. Actions against such groups continued during the year. Police also continued their efforts to close down the underground evangelical group Shouters, an offshoot of a pre-1949 indigenous Protestant group. Action against the South China Church (SCC) continued. In August 2005 approximately 40 SCC members were detained in Hubei Province after meeting with foreigners. According to an anonymous petition submitted to the United Nations Working Group on Arbitrary Detention, SCC founder Gong Shengliang and other imprisoned SCC members suffered serious abuses in prison. Gong is serving a life sentence for rape, arson, and assault, even though the women who testified against him in his original trial in 2001 reported that police had tortured them into signing statements accusing Gong of raping them. During the year Gong's daughters reported that Gong was in poor health and had been beaten by another inmate. Public Falun Gong activity in the country remained negligible, and practitioners based abroad reported that the government's crackdown against the group continued. Since the government banned the Falun Gong in 1999, the mere belief in the discipline (even without any public manifestation of its tenets) has been sufficient grounds for practitioners to receive punishments ranging from loss of employment to imprisonment. Although the vast majority of practitioners detained have been released, many were detained again after release (see section 1.e.). Falun Gong sources estimated that at least 6,000 Falun Gong practitioners had been sentenced to prison, more than 100,000 practitioners sentenced to reeducation through labor, and almost 3,000 had died from torture while in custody. Some foreign observers estimated that Falun Gong adherents constituted at least half of the 250,000 officially recorded inmates in reeducation-through-labor camps, while Falun Gong sources overseas placed the number even higher. In March UN Special Rapporteur Nowak reported that Falun Gong practitioners accounted for 66 percent of victims of alleged torture while in government custody. Falun Gong members identified by the government as "core leaders" have been singled out for particularly harsh treatment. More than a dozen Falun Gong members have been sentenced to prison for the crime of "endangering state security," but the great majority of Falun Gong members convicted by the courts since 1999 have been sentenced to prison for "organizing or using a sect to undermine the implementation of the law," a less serious offense. Most practitioners, however, were punished administratively. Some practitioners were sentenced to reeducation through labor. Among them, Yuan Yuju and Liang Jinhui, relatives of a Hong Kong journalist working for a television station supportive of Falun Gong, were sentenced to reeducation through labor for distributing Falun Gong materials. Apart from reeducation through labor, some Falun Gong members were sent to "legal education" centers specifically established to "rehabilitate" practitioners who refused to recant their belief voluntarily after release from reeducation-through-labor camps. Government officials denied the existence of such "legal education" centers. In addition, hundreds of Falun Gong practitioners have been confined to mental hospitals, according to overseas groups (see section 1.d.). Allegations of abuse of Falun Gong practitioners by the police and other security personnel continued during the year (see section 1.c.). In addition, multiple allegations of government-sanctioned organ harvesting from Falun Gong prisoners surfaced. In April overseas Falun Gong groups claimed that a hospital in Sujiatun, Shenyang, had been the site of a "concentration camp" and of mass organ harvesting, including from live prisoners (see section 1.c.). The government opened the facility to diplomatic observers and foreign journalists, who found nothing inconsistent with the operation of a hospital. Police continued to detain current and former Falun Gong practitioners and place them in reeducation camps. Police reportedly had quotas for Falun Gong arrests and targeted former practitioners, even if they were no longer practicing. The government continued its use of high-pressure tactics and mandatory anti-Falun Gong study sessions to force practitioners to renounce Falun Gong. Even practitioners who had not protested or made other public demonstrations of belief reportedly were forced to attend anti-Falun Gong classes or were sent directly to reeducation-through-labor camps. These tactics reportedly resulted in large numbers of practitioners signing pledges to renounce the movement. The government supported atheism in schools. In March 2005 a Foreign Ministry spokesman said the country had no national regulations preventing children from receiving religious instruction, but said religion should not interfere with public education. In practice local authorities in many regions barred school-age children from attending religious services at mosques, temples, or churches and prevented them from receiving religious education outside the home. The law does not prohibit religious believers from holding public office; however, party membership is required for almost all high-level positions in government, state-owned businesses, and many official organizations. Communist Party officials have stated that party membership and religious belief were incompatible. Government and CCP officials reiterated that religious believers should resign their party membership. The Routine Service Regulations of the People's Liberation Army state explicitly that service members "may not take part in religious or superstitious activities." CCP and PLA personnel have been expelled for adhering to Falun Gong beliefs. Despite regulations encouraging officials to be atheists, some party officials engaged in religious activity, most commonly Buddhism or a folk religion. The NPC included several religious representatives. NPC Standing Committee vice chairmen included Fu Tieshan, a bishop and vice-chairman of the Chinese Catholic Patriotic Association. Religious groups also were represented in the CPPCC, an advisory forum for "multiparty" cooperation and consultation led by the CCP, and in local and provincial governments. CPPCC Standing Committee vice chairmen included Pagbalha Geleg Namgyal, a Tibetan reincarnate lama. Official religious organizations administered local religious schools, seminaries, and institutes to train priests, ministers, imams, Islamic scholars, and Buddhist monks. Students who attended these institutes had to demonstrate "political reliability," and all graduates must pass an examination on their political as well as theological knowledge to qualify for the clergy. The government permitted registered religions to train clergy and allowed an increasing number of Catholic and Protestant seminarians, Muslim clerics, and Buddhist clergy to go abroad for additional religious studies, but some religion students had difficulty getting passports or obtaining approval to study abroad. In most cases foreign organizations provided funding for such training programs. Authorities continued to prohibit the teaching of Islam to elementary and middle school-age children in some areas, although children studied Arabic and the Koran without restriction in many others. Local officials stated that school-age children may not study religion or enter mosques in Xinjiang. In August 2005 a teacher, Aminan Momixi, and more than 30 students were reportedly detained for holding Koran study sessions during school vacation. Authorities confiscated their Korans and Muslim textbooks and the government declined to clarify Momixi's status. According to media reports, Xinjiang authorities confiscated religious publications on many other occasions, sometimes detaining those who possessed unapproved religious texts. Religious organizations of all faiths, including those composed of foreigners, were encouraged to engage in charitable activities and social services. Religious organizations engaged in social services faced obstacles registering with local authorities. These difficulties were similar to those faced by nonreligious NGOs (section 2.b.). The 2005 religious regulations permit authorized religious organizations and venues to compile and print materials for internal and public distribution, but require publications to be prepared in accordance with national regulations. These regulations, in turn, impose strict prior restraints on religious literature, even beyond the restrictions on other types of publications. The regulations also provide for government oversight of the appointment of religious personnel. The government strictly punished the private publication of religious works. In April pastor Liu Yuhua from Shandong was detained in Linchu County on charges of operating an illegal business after he was found distributing religious texts. In May house church pastor Wang Zaiqing from Anhui was formally arrested. Foreign-based NGOs said the arrest was in connection with his work publishing Bibles and religious materials. In July 2005 Protestant Pastor Cai Zhuohua and two other relatives were sentenced to three years, two years, and 18 months in prison for operating an illegal business, stemming from their large-scale publishing of Bibles and Christian literature without government approval. According to reliable reports, the CCP officials described the prosecution of Cai as one of the most important cases in the campaign to prevent foreign infiltration under the cover of religion. Media reports stated that authorities confiscated illegal religious publications in Xinjiang. In February Xinjiang authorities reportedly raided a minority-language printing market and seized "illegally printed" religious posters. Also in February authorities announced that in 2005 they had seized 9,860 illegal publications involving religion, Falun Gong, or "feudal superstitions." The Xinjiang People's Publication House was the only publisher allowed to print Muslim literature. The supply of Bibles was adequate in most parts of the country, but some members of underground churches complained that the supply and distribution of Bibles, especially in rural locations, was inadequate. Individuals could not order Bibles directly from publishing houses. Customs officials continued to monitor for the "smuggling" of religious materials into the country. There have been credible reports that the authorities sometimes confiscated Bibles, Korans, and other religious material. Societal Abuses and Discrimination There were no reports of societal abuses of religious practitioners or anti-Semitic acts during the year. The government does not recognize Judaism as an ethnicity or religion. For a more detailed discussion, see the 2006 International Religious Freedom Report. d. Freedom of Movement within the Country, Foreign Travel, Emigration and Repatriation The law provides for some of these rights; however, the government generally did not respect them in practice. Although the government maintained restrictions on the freedom to change one's workplace or residence, the national household registration system continued to erode, and the ability of most citizens to move within the country to work and live continued to expand. However, the government retained the ability to restrict freedom of movement through other mechanisms. Authorities heightened restrictions periodically, particularly curtailing the movement of individuals deemed politically sensitive before key anniversaries, visits of foreign dignitaries, and to forestall demonstrations. The system of national household registration (hukou) underwent further change during the year, as the country accumulated a more mobile labor force. Rural residents continued to migrate to the cities, where the per capita disposable income was more than quadruple the rural per capita cash income. Nonetheless, many could not officially change their residence or workplace within the country. Government and work unit permission were often required before moving to a new city. Most cities had annual quotas for the number of new temporary residence permits that would be issued, and all workers, including university graduates, had to compete for a limited number of such permits. It was particularly difficult for peasants from rural areas to obtain household registration in economically more developed urban areas. The household registration system added to the difficulties rural residents faced in changing to urban residency, even when they have already relocated to urban areas and found employment. There remained a floating population of between 100 and 150 million economic migrants who lacked official residence status in cities. Without official residence status, it was difficult or impossible to gain full access to social services, including education. Furthermore, law and society generally limited migrant workers to types of work considered least desirable by local residents, and such workers had little recourse when subjected to abuse by employers and officials. Some major cities maintained programs to provide migrant workers and their children access to public education and other social services free of charge, but migrants in some locations reported that it is difficult to qualify for these benefits in practice. Many cities and provinces continued experiments aimed at abolishing the distinction between urban and rural residents in household registration documents. House arrest continued to be used as a nonjudicial punishment and control measure against dissidents, family members of political prisoners, petitioners, and others whom the government or party deemed politically sensitive or "troublemakers" (see section 1.d.). Under the "staying at prison employment" system applicable to recidivists incarcerated in reeducation-through-labor camps, authorities denied certain persons permission to return to their homes after serving their sentences. Some released or paroled prisoners returned home but were not permitted freedom of movement. The government permitted legal emigration and foreign travel for most citizens. Most citizens could obtain passports, although those whom the government deemed threats, including religious leaders, political dissidents, and some ethnic minority members continued to have difficulty obtaining passports (see Tibet Addendum). There were reports that some academics faced travel restrictions around the year's sensitive anniversaries, particularly the June 4 anniversary of the Tiananmen Square massacre. There were instances in which the authorities refused to issue passports or visas on apparent political grounds. Members of underground churches, Falun Gong members, and other politically sensitive individuals sometimes were refused passports and other necessary travel documents. In March an individual in Guangxi Province was reportedly barred from traveling outside the country because he authored Internet articles critical of the CCP. In August ICPC member Wu Wei was reportedly stopped at the Hong Kong border while on his way to attend the ICPC's annual meeting. In September passport control authorities without warning confiscated the passport of a prominent labor rights lawyer as he was boarding a train to Hong Kong. The law neither provides for a citizen's right to repatriate nor otherwise addresses exile. The government continued to refuse reentry to numerous citizens who were considered dissidents, Falun Gong activists, or troublemakers. Although some dissidents living abroad have been allowed to return, dissidents released on medical parole and allowed to leave the country often were effectively exiled. Activists residing abroad have been imprisoned upon their return to the country. While UNHCR reported that more than 2,000 Tibetans each year crossed into Nepal, the government continued to try to prevent many Tibetans from leaving (see Tibet Addendum). Protection of Refugees Although a signatory of the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, the law does not provide for the granting of refugee or asylum status. The government largely cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) when dealing with the resettlement of ethnic Han Chinese or ethnic minorities from Vietnam and Laos resident in the country. During the year the government and UNHCR continued ongoing discussions concerning the granting of citizenship to these residents. Since the late 1980s, the government has adopted a de facto policy of tolerance toward the small number of persons, fewer than 100 annually, from other nations who registered with the Beijing office of the UNHCR as asylum seekers. The government permitted these persons to remain in the country while the UNHCR made determinations as to their status and, if the UNHCR determined that they were bona fide refugees, while they awaited resettlement in third countries. However, the government continued to deny the UNHCR permission to operate along its northeastern border with North Korea, arguing that North Koreans who crossed the border were illegal economic migrants, not refugees. During the year several thousand North Koreans were reportedly detained and forcibly returned to North Korea. Many faced persecution, and some may have been executed upon their return. Several hundred North Koreans were permitted to travel to third countries after they had entered diplomatic compounds or international schools in the country. There were numerous credible reports of harassment and detention of North Koreans in the country. The government also arrested and detained foreign journalists, missionaries, and activists, as well as some citizens, for providing food, shelter, transportation, and other assistance to North Koreans. The government continued to detain several foreigners in the Northeast, some on charges of alien smuggling, but most for helping North Koreans enter the country. Jilin Province's public security Web site reported that it had deported an estimated 2,000 "foreigners" in 2004, most of who were believed to be North Korean. According to NGOs, during the year North Korean agents operated within the country to forcibly repatriate North Korean citizens. Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government The law does not provide citizens with the right to change their government peacefully, and citizens cannot freely choose or change the laws and officials that govern them. The CCP continued to control appointments to positions of political power. Elections and Political Participation According to the law, the NPC is the highest organ of state power. Formally, it elects the president and vice president, selects the premier and vice premiers, and elects the chairman of the State Central Military Commission. In practice the NPC Standing Committee, which is composed of 153 members, oversaw these elections and determined the agenda and procedure for the NPC. The NPC Standing Committee remained under the direct authority of the CCP's nine-member Politburo Standing Committee. The NPC does not have the power to set policy or remove government or party leaders. In 2003 the NPC confirmed CCP General Secretary Hu Jintao as president, and in 2004 Hu consolidated his power when he was also appointed chairman of the Central Military Commission. All of the country's approximately one million villages were expected to hold competitive, direct elections for village committee officials. Most provinces already have held four or five rounds of village committee elections, according to the Ministry of Civil Affairs. Foreign observers who monitored local village committee elections judged those they observed to have been generally fair. However, the government estimated that one-third of all elections had serious procedural flaws. Corruption, vote buying, and interference by township-level and party officials continued to be problems. The law permitted each voter to cast proxy votes for up to three other voters. Many rural voters cast the maximum number of proxy votes, especially in areas with significant out-migration. Although the law includes a provision for recalling village committee members, local implementing regulations have proven sufficiently vague or cumbersome so as to prevent most attempted recalls. In cases of alleged corruption, a handful of local legislative deputies, but not village heads, have been recalled. In 2005 villagers in Guangdong Province's Taishi Village were subjected to severe abuse when they tried to recall village chief Chen Jinsheng, whom they accused of embezzling village funds. Authorities resorted to violence, intimidation, and other tactics to quash the recall attempt. The election law governs elections of legislative bodies at all levels. Under this law, citizens have the opportunity to vote for local people's congress representatives at the county level and below, although in most cases the nomination of candidates in those elections was strictly controlled. Legislators selected people's congress delegates above the county level. For example, provincial-level people's congresses selected delegates to the NPC. Local CCP secretaries generally served concurrently as the head of the local people's congress, thus strengthening party control over legislatures. During the year independent candidates not selected by local authorities ran or attempted to run in people's congress elections held at the local level across the country. While a small number of independents were elected, in Hubei and Guangdong Provinces local officials reportedly manipulated and pressured some candidates, who mounted aggressive campaigns to prevent independents from being nominated, and if nominated, from winning. Local police detained and monitored independent candidates, seized campaign materials, and intimidated supporters, family members, and friends. Some activists also alleged that vote counts were rigged to ensure defeat. During the year Taishi villagers failed in their attempt to nominate an independent candidate for local people's congress representative, allegedly because of ballot tampering and an illegal refusal to allow proxy votes. Although the party controlled appointments of officials to government and party positions at all levels, some township, county, and provincial elections featured experiments with increased competition, including self-nomination of candidates, campaign speeches by candidates, public vetting of nominees, and a two-tiered indirect election system. The CCP retained a monopoly on political power and forbade the creation of new political parties. The government recognized nine parties founded prior to 1949, but not the CDP, an opposition party founded in 1998 and subsequently declared illegal. Dozens of CDP leaders, activists, and members have been arrested, detained, or confined. One of the CDP's founders, Qin Yongmin, remained in prison at year's end, as did others connected with a 2002 open letter calling for political reform and reappraisal of the 1989 Tiananmen massacre. On September 14, authorities released CDP leader Zhu Yufu after he completed a seven-year sentence for participating in prodemocracy activities. On the same day, authorities detained CDP leader Chen Shuqing on suspicion of inciting "to subvert state power." More than 30 current or former CDP members reportedly remained imprisoned or held in reeducation-through-labor camps, including Zhang Lin, Zhao Changqing, Sang Jiancheng, He Depu, Yang Tianshui, Wang Rongqing, and Jiang Lijun. The government placed no special restrictions on the participation of women or minority groups in the political process. However, women held few positions of significant influence in the CCP or government structure. There was one female vice premier on the 24-member Politburo. There was also one woman among the five state councilors. The head of a key CCP organization, the United Front Work Department, was a woman. During the year women headed one of the country's 28 ministries, and 25 women served at the level of vice minister or higher. The government encouraged women to exercise their right to vote in village committee elections and to stand for those elections, although only a small fraction of elected members were women. In many locations, a seat on the village committee was reserved for a woman, who was usually given responsibility for family planning. At the end of 2005, there were 13.6 million female party members, making up 19.2 percent of the 70.8 million members of the Communist Party. Women constituted 20.2 percent of the NPC and 14.2 percent of the NPC Standing Committee. In 2002 the 16th Party Congress elected 27 women to serve as members or alternates on the 198 person Central Committee, a slight increase over the total of the previous committee. Minorities constituted 13.9 percent of the NPC, although they made up approximately 8.4 percent of the population. All of the country's 55 officially recognized minority groups were represented in the NPC membership. The 16th Party Congress elected 35 members of ethnic minority groups as members or alternates on the Central Committee. The only ministerial-level post, held by an ethnic minority was the Ethnic Affairs post and there was one ethnic minority, Vice Premier Hui Liangyu, on the Politburo. Minorities held few senior party or government positions of significant influence (see section 5). Government Corruption and Transparency Corruption remained an endemic problem. The National Audit Office found that 48 ministerial level departments misused or embezzled approximately $685 million (RMB 5.51 billion) from the central government's 2005 budget, a 70 percent increase over the amount reported in 2004. Corruption plagued courts, law enforcement agencies, and other government agencies. In March 2000 foreign citizen Jude Shao was sentenced to 16 years' imprisonment for tax evasion after allegedly refusing to pay bribes to local tax auditors. He remained in prison at year's end, despite receiving a one-year reduction in his sentence in September. The courts and party agencies took disciplinary action against many public and party officials during the year. According to the SPP's March 11 report to the NPC, prosecutors filed and investigated 24,277 cases of embezzlement, bribery, or dereliction of duty; prosecuted 30,205 officials while investigating a total of 41,477 officials in 2005; and transferred 7,279 cases to judicial organs for prosecution. The CCP's CDIC reported that 110,000 officials were disciplined for breaking laws and party discipline in 2005. Inspection committees stripped 11,071 persons of CCP membership, more than twice the number in 2004. In some cases, sanctions administered by the CDIC reportedly substituted for sanctions by courts and other legal agencies. The country had no national freedom of information law, but many local jurisdictions continued to enact freedom of information regulations aimed at improving the public's communication with and supervision over local government initiatives. Approximately 95 percent of government ministries, provincial governments and prefecture-level cities had Web sites, providing some, albeit restricted, public information. However, citizens, local media, and foreign journalists found it difficult to get information about government decision making, especially before decisions were formally announced. The government experimented with various forms of public oversight of government, including telephone hot lines and complaint centers, administrative hearings, increased opportunity for citizen observation of government proceedings, and other forms of citizen input in the local legislative process, such as hearings to discuss draft legislation. Citizens continued to file administrative lawsuits to seek legal redress against government malfeasance. According to official statistics, 95,707 administrative lawsuits were filed against the government in 2005, slightly more than in the previous year. Petitioning officials directly and outside the court system was also a common avenue used by citizens to redress grievances. Official media reported that 12.7 million petitions were filed at the county level and above in 2005, down from 13.7 million in 2004 (see section 2.b.). Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights The government sought to maintain control over civil society groups, halt the emergence of independent NGOs, and prevent what they have called the "westernization" of China. The government did not permit independent domestic NGOs to monitor openly or to comment on human rights conditions; existing domestic NGOs were harassed. The government tended to be suspicious of independent organizations and increased scrutiny of NGOs with links overseas. Most large NGOs were quasi-governmental in nature, and all NGOs had to be sponsored by government agencies (see section 2.b.). During the year the government continued its intensified efforts to monitor and control NGOs and used strict regulations to limit the growth of independent civil society, which were first implemented in 2005. An informal network of activists around the country continued to serve as a credible source of information about many human rights violations. The information was disseminated through organizations such as the Hong Kong-based Information Center for Human Rights and Democratic Movement in China and the New York-based Human Rights in China. When permitted by authorities, the press reported about officials who exceeded their authority and infringed on citizens' rights. However, the government remained reluctant to accept criticism of its human rights record by other nations or international organizations. It criticized reports by international human rights monitoring groups, claiming that such reports were inaccurate and interfered with the country's internal affairs. Representatives of some international human rights organizations reported that authorities denied their visa requests or restricted the length of visas issued to them (see section 2.d.). The government-established China Society for Human Rights is an NGO whose mandate was to defend the government's human rights record. The government maintained that each country's economic, social, cultural and historical conditions influence its approach to human rights. The government permitted the ICRC to open an office in Beijing, although it did not authorize the ICRC to visit prisons. The government submitted to the UN its first compliance report on the International Covenant on Economic, Cultural and Social Rights. The government continued unofficial discussions on human rights and prisoner issues with a San Francisco-based human rights group, although the government's cooperation with the group was not as extensive as in previous years. Section 5 Discrimination, Societal Abuse, and Trafficking in Persons There were laws designed to protect women, children, persons with disabilities, and minorities. However, in practice, some discrimination based on ethnicity, gender, and disability persisted. Women Violence against women remained a significant problem. There was no national law criminalizing domestic violence, but the Marriage Law provides for mediation and administrative penalties in cases of domestic violence. In August 2005 the NPC amended the Law on the Protection of Women's Rights specifically to prohibit domestic violence, although critics complained that the provision fails to define domestic violence. More than 30 provinces, cities, or local jurisdictions passed legislation aimed at addressing domestic violence. According to a 2004 survey by the All-China Women's Federation (ACWF), 30 percent of families had experienced domestic violence, and 16 percent of husbands had beaten their wives. The ACWF reported that it received some 300,000 letters per year complaining about family problems, mostly domestic violence. The actual incidence was believed to be higher because spousal abuse went largely unreported. According to experts, domestic abuse was more common in rural areas than in urban centers. In response to increased awareness of the problem of domestic violence, there were a growing number of shelters for victims. Most shelters were government run, although some included NGO participation. Rape is illegal, and some persons convicted of rape were executed. The law does not expressly recognize or exclude spousal rape. The law prohibits the use of physical coercion to compel persons to submit to abortion or sterilization. However, intense pressure to meet birth limitation targets set by government regulations resulted in instances of local birth-planning officials using physical coercion to meet government goals (see section 1.f.). In addition, women faced a disproportionate burden due to the government's enforcement of its birth limitation laws and practices. Such laws and practices required the use of birth control methods (particularly IUDs and female sterilization, which according to government statistics, accounted for more than 80 percent of birth control methods employed) and the abortion of certain pregnancies. Although prostitution is illegal, experts estimate that there were 1.7 to five million commercial sex workers in the country. The commercialization of sex and related trafficking in women trapped tens of thousands of women in a cycle of crime and exploitation and left them vulnerable to disease and abuse (see section 5, Trafficking). According to state-run media, one out of every five massage parlors in the country was involved in prostitution, with the percentage higher in cities. A 2004 Guangdong Province survey found that 74.2 percent of massage parlor workers were involved in prostitution. Unsafe working conditions were rampant among the saunas, massage parlors, clubs, and hostess bars in cities. Research indicated that up to 80 percent of prostitutes in some areas had hepatitis. Although the government made some efforts to crack down on the sex trade, credible media reports claimed that some local officials were complicit in prostitution, owned prostitution venues, or received proceeds from such businesses. Prostitution involved organized crime groups and businesspersons as well as the police and the military. Actions to curtail prostitution had limited results. In 2004 according to state-run media, an investigation of prostitution at entertainment facilities in Guangdong Province led to the permanent closure of 15 percent and temporary closure of another 40 percent of the facilities investigated. Courts have prosecuted persons involved in organizing and procuring prostitutes. The amended Law on the Protection of Women's Rights included a ban on sexual harassment, stating "the injured woman has the right to complain to the work unit and the relevant department" and may "bring a civil action in court for damages." Legal scholars and activists praised the amendment but emphasized the law should also specifically define what constitutes abusive behavior. Experts continued to suggest that many victims did not report sexual harassment out of fear of losing their jobs. The government has made gender equality a policy objective since 1949. The constitution states "women enjoy equal rights with men in all spheres of life." The Law on the Protection of Women's Rights and Interests provides for equality in ownership of property, inheritance rights, and access to education. Policies that once allotted work-unit housing only to the husband have become gender-neutral, and an April 2005 Supreme Court interpretation emphasized that housing rights are shared equally, even in cases of divorce. The State Council's National Working Committee on Children and Women coordinated women's policy. The ACWF was the leading implementer of women's policy for the government. Nonetheless, many activists and observers were concerned that the progress made by women over the past 50 years was eroding. They asserted that the government appeared to have made the pursuit of gender equality a secondary priority as it focused on economic reform and political stability. The Law on the Protection of Women's Rights and Interests was designed to assist in curbing gender-based discrimination. However, women continued to report that discrimination, sexual harassment, unfair dismissal, demotion, and wage discrepancies were significant problems. Social organizations and the government made efforts to educate women about their legal rights. In a high-profile case in September a Chinese actress made sexual harassment allegations against a China Central Television (CCTV) director on her blog. Although the director threatened to sue the actress for "libel," the case has not gone to court. Hundreds of thousands of Internet users expressed support for the actress. Women's networks, involving lawyers, activists, and the press, were active in Beijing, Shanghai, and other cities, highlighting problems and calling for solutions to gender-based discrimination. Nevertheless, women frequently encountered serious obstacles to the enforcement of laws. According to legal experts, it was difficult to litigate a sex discrimination suit because the vague legal definition made it difficult to quantify damages. As a result very few cases were brought to court. Some observers noted the agencies tasked with protecting women's rights tended to focus on maternity-related benefits and wrongful termination during maternity leave rather than on sex discrimination, violence against women, and sexual harassment. Women's rights advocates indicated that in rural areas, women often forfeited land and property rights to their husbands in divorce proceedings. The ACWF reported that 47 percent of laid-off workers were women, a percentage significantly higher than their representation in the labor force. Many employers preferred to hire men to avoid the expense of maternity leave and childcare, and some lowered the effective retirement age for female workers to 40 years of age (the official retirement age for men was 60 years and for women 55 years). In addition, work units were allowed to impose an earlier mandatory retirement age for women than for men, which limits women's lifetime earning power and career span. Lower retirement ages also reduced pensions, which generally were based on the number of years worked. Job advertisements sometimes specified height and age requirements for women. Women have less earning power than men, despite government policies that mandate nondiscrimination in employment and occupation. According to the UN's 2005 Human Development Report, nationwide women's salaries overall were only 66 percent of men's salaries, while women in rural areas earned only 60 percent of the income earned by males. Average incomes of female executives and senior professionals were respectively only 58 percent and 68 percent of their male colleagues' salaries. Most women employed in industry worked in lower-skilled and lower-paid jobs and in sectors, such as textiles, which were particularly vulnerable to restructuring of state-owned enterprises and layoffs. Women accounted for 60 percent of those below the poverty line. UNESCO reported that less than 2 percent of women between the ages of 15 and 24 were illiterate. According to 2005 official government statistics, women comprised 73.6 percent of all illiterate persons. In some underdeveloped regions, the female literacy rate lagged behind the male literacy rate by 15 percent or more. A high female suicide rate continued to be a serious problem. According to the World Bank and the World Health Organization, there were approximately 500 female suicides per day. The suicide rate for females was 25 percent higher than for males. Many observers believed that violence against women and girls, discrimination in education and employment, the traditional preference for male children, the country's birth limitation policies, and other societal factors contributed to the especially high female suicide rate. Women in rural areas, where the suicide rate for women is three to four times higher than for men, were especially vulnerable. While the gap in the education levels of men and women narrowed, differences in educational attainment remained a problem. According to a Chinese Academy of Social Sciences report, 61 percent of boys and 43 percent of girls in rural areas completed education higher than lower middle school. Men continued to be overrepresented among the relatively small number of persons who received a university-level education. According to official statistics, in 2005 women accounted for 47.1 percent of undergraduate and college students, 43.4 percent of postgraduate students, and 32.6 percent of doctoral students. Women with advanced degrees reported discrimination in the hiring process as the job distribution system became more competitive and market driven. Children The law prohibits maltreatment of children and provides for compulsory education. The State Council's National Working Committee on Children and Women was tasked with carrying out policy toward children. The law provides for nine years of compulsory education for children. However, in economically disadvantaged rural areas many children did not attend school for the required period and some never attended. Public schools were not allowed to charge tuition, but after the central government largely stopped subsidizing primary education, many public schools began to charge mandatory school-related fees to meet revenue shortfalls. Such fees made it difficult for poorer families and some migrant workers to send their children to school. According to government statistics, 98.6 percent of children nationwide were enrolled in elementary school. In 2005 the government reported that 51.4 percent of primary school students, 45.7 percent of junior secondary school students, and 44.0 percent of senior secondary school students were female. It was widely believed that the proportion of girls attending school in rural and minority areas was smaller than in cities. In 2003 the UN special rapporteur on the right to education visited and found that the government failed to provide education to many children of migrant workers and prohibited children from receiving religious education. The special rapporteur expressed serious concern about privatization of the costs of public education and reported that the government compelled parents to pay nearly half the costs of public education, making education inaccessible to many children. The special rapporteur also recommended the government immediately ban the practice of children performing manual labor at their schools to raise funds. According to the UN Children's Fund (UNICEF) 2004 statistics, the infant mortality rate was 26 per 1,000 and the mortality rate for children under five years of age was 31 per 1,000 live births. The Law on the Protection of Juveniles forbids infanticide; however, there was evidence that the practice continued. According to the National Population and Family Planning Commission, a handful of doctors have been charged with infanticide under this law. The law prohibits discrimination against minors with disabilities and codifies a variety of judicial protections for juvenile offenders. The physical abuse of children can be grounds for criminal prosecution. More than half of all boys and almost a third of all girls have been physically abused, according to survey results released at a May 2005 conference in Beijing. The survey reported that 10 percent of boys and 15 percent of girls have been sexually abused. These statistics were among those publicized at a National Consultation on Violence against Children, which the government and UNICEF sponsored. However, journalists were sanctioned for reporting on the rape of female students as young as 10 in Shanxi and Guangdong provinces. A media ban was also issued after a Nanjing newspaper publicized the forced sterilization of mentally challenged teenagers in Nantong, Jiangsu Province. Despite government efforts to prevent kidnapping and the buying and selling of children, these problems persisted in some rural areas, and children were trafficked for labor purposes (see section 5, Trafficking). According to official statistics, during the year juvenile crime fell after increasing sharply in 2005. In 2005 courts heard cases involving 82,692 juvenile offenders, up 18 percent from 2004 when courts heard cases involving 70,086 juvenile offenders. During the first eight months of the year, 11.4 percent fewer juveniles were convicted of crimes than during the same period in 2005. From 2000 to 2005, the annual increase in juvenile crime was approximately 11 percent. Abolition of the system of custody and repatriation in 2003 reduced the number of children detained administratively. Nonetheless, more than 150,000 "street children" lived in cities, according to state-run media. This number was even higher if the children of migrant workers, who spend the day on the streets were included. Juveniles were required by law to be held separately from adults, except when facilities were insufficient. In practice children sometimes were detained without their parents, held with adults, and required to participate in forced labor (see sections 1.c. and 6.c.). Female infanticide, sex-selective abortions, and the abandonment and neglect of baby girls remained problems due to the traditional preference for sons and the birth limitation policy (see section 1.f.). Many families, particularly in rural areas, used ultrasound to identify female fetuses and terminate pregnancies, even though this practice remained illegal. An official study in Hainan Province found that 68 percent of abortions were of female fetuses. According to a 2002 survey, 35 percent of women in one rural township admitted to having an abortion because of a preference for a male child. Female babies also suffered from a higher mortality rate than male babies, contrary to the worldwide norm. State media reported that infant mortality rates in rural areas were 27 percent higher for girls than boys. Neglect of baby girls was one factor in their lower survival rate. One study found the differential mortality rates were highest in areas where women had a lower social status and economic and medical conditions were poor. The law forbids the mistreatment or abandonment of children. The vast majority of children in orphanages were female; males in orphanages were usually disabled or in poor health. Medical professionals sometimes advised parents of children with disabilities to put the children into orphanages. The government denied that children in orphanages were mistreated or refused medical care but acknowledged that the system often was unable to provide adequately for some children, particularly those with serious medical problems. Adopted children were counted under the birth limitation regulations in most locations. As a result, couples that adopted abandoned baby girls were sometimes barred from having additional children. Trafficking in Persons Although the law prohibits human trafficking, trafficking in persons remained a serious problem. The country was both a source and destination country for trafficking in persons. Most trafficking was internal for the purposes of forced labor and forced marriage. Some cases involved trafficking of women and girls into forced prostitution in urban areas, and some reports suggested that certain victims, especially children, were sold into forced labor. In many cases, women and children were lured abroad with false promises of employment and then trafficked into prostitution or forced labor. Domestic and cross-border trafficking continued to be significant problems, although the exact numbers of persons involved could only be estimated due to a huge itinerant population of approximately 150 million. The MPS opened 2,884 trafficking cases involving female children in 2005. During this same period, the MPS resolved 2,471 cases and rescued 3,977 women and children. During the year Vietnamese authorities reported that 167 women and children were rescued from traffickers in China, an increase of 64 percent from the same period in 2005. Some experts and NGOs suggested that a shortage of marriageable women fueled the demand for abducted women, especially in rural areas. They argued that the serious imbalance in the male-female sex ratio at birth, the tendency for many village women to leave rural areas to seek employment, and the cost of traditional betrothal gifts all made purchasing a wife attractive to some poor rural men. Some men recruited women from poorer regions, while others sought help from criminal gangs. Criminal gangs either kidnapped women and girls or tricked them with promises of jobs and higher living standards, only to be transported far from their homes for delivery to buyers. Once in their new "family," these women were "married" and sometimes raped. Some accepted their fate and joined the new community; others struggled and were punished; a few escaped. Some former trafficking victims became traffickers themselves, lured by the prospect of financial gain. According to UN reports, most women and girls trafficked from abroad came from North Korea and Vietnam. Others came from Burma, Laos, Russia, and Ukraine. They were trafficked into the country for sexual exploitation, forced marriage, and indentured servitude in domestic service or businesses. Past reports noted that trafficking of North Korean women and girls into the country to work in the sex industry was widespread in the northeastern part of the country, but reliable sources suggested that the practice has decreased. North Korean women reportedly were sold for approximately $380 to $1,260 (RMB 3,040 to 10,080). Women reportedly were also trafficked from Vietnam for the purpose of forced marriage. The UN reported that Chinese citizens were most often trafficked to Malaysia, Thailand, the United Kingdom, and the United States. Second-tier destinations included Australia, European countries, Canada, Japan, Italy, Burma, Singapore, South Africa, and Taiwan. Trafficked persons became entangled with alien smuggling rings, which often had ties to organized crime and were international in scope. Persons trafficked by alien smugglers paid high prices for their passage to other countries, where they hoped that their economic prospects would improve. There were credible reports that some promised to pay from $30,000 to $50,000 (RMB 240,000 to RMB 400,000) each for their passage. Upon arrival, many reportedly were forced to repay traffickers for the smuggling charges and their living expenses by working in specified jobs for a set period of time. Living and working conditions for trafficked persons were generally poor. Traffickers restricted their movements and confiscated their travel documents. Threats to report trafficking victims to the authorities or to retaliate against their families if they protested made trafficked persons even more vulnerable. When arrested and brought to court, human smugglers received five- to ten-year jail sentences and fines up to $6,000 (RMB 48,000). In very serious cases, courts imposed life imprisonment or the death penalty. MPS officials stated that repatriated victims of trafficking no longer faced fines or other punishment upon their return. However, authorities acknowledged that errors sometimes occurred because of corruption among police, provisions allowing for the imposition of fines on persons traveling without proper documentation, and the difficulty in identifying victims. Trafficking victims often lacked proper identification, which made it difficult to distinguish them from person who illegally crossed borders. Kidnapping and the buying and selling of children for adoption continued, particularly in poor rural areas. There were no reliable estimates of the number of children trafficked. Domestically, most trafficked children were sold to couples unable to have children, particularly sons. In the past, most infants rescued were male, but increased demand for children has reportedly driven traffickers to focus on females as well. Children were also trafficked from poorer interior areas to relatively more prosperous areas for work. Traffickers reportedly often enticed parents to relinquish their children with promises of large remittances their children would be able to send home. Some children worked in factories but many ended up under the control of local gangs and were induced to commit petty crimes such as purse snatching. The purchase of women was criminalized in 1991 when the NPC Standing Committee enacted its "Decision Relating to the Severe Punishment of Criminal Elements Who Abduct and Kidnap Women and Children." This decision made abduction and sale separate offenses. Between 2001 and 2005, police opened more than 28,000 trafficking cases, arrested more than 25,000 suspected traffickers, and rescued more than 35,000 victims. In July, 28 members of a trafficking ring in Guangdong Province received sentences ranging from two years imprisonment to the death penalty. The ring had forced 10 women into prostitution. In 2005 10 members of a Guangzhou baby smuggling ring were convicted of smuggling 37 male infants. According to several media reports the average price was US$1,250 (RMB 10,000) per child, although other media reports quoted a range of prices from several thousand to a few hundred dollars per child. Despite government efforts to eliminate trafficking in women and children, the problem persisted. There were reports of local officials' complicity in both alien smuggling and in prostitution, which sometimes involved trafficked women. In some cases, village leaders sought to prevent police from rescuing women who had been sold to villagers. The two principal organs responsible for combating trafficking were the MPS and the State Council's Work Committee for Women and Children. In addition, the SPC, the SPP, the Ministry of Civil Affairs, the Central Office in Charge of Comprehensive Management of Public Order, and the Legislative Office of the State Council played roles in this area. It was central government policy to provide funds to provincial and local police to house victims and return them to their homes. Government-funded women's federation offices provided counseling on legal rights, including the options for legal action against traffickers, to some victims. The ACWF assisted victims in obtaining medical and psychological treatment. Persons with Disabilities The law protects the rights of persons with disabilities and prohibits discrimination; however, conditions for such persons lagged far behind legal dictates, failing to provide persons with disabilities with access to programs designed to assist them. According to the official press, all local governments have drafted specific measures to implement the law. The Ministry of Civil Affairs and the China Disabled Persons Federation, a government-organized civil association, were the main entities responsible for persons with disabilities. According to the China Disabled Persons' Federation, there were 60 million persons with disabilities. According to government statistics, 3,335 educational and vocational centers provided training and job-placement services for persons with disabilities. During the year 572,000 persons with disabilities received education or training. However, some 1.2 million urban and 3.4 million rural persons with disabilities were unemployed. Nationwide, 275,000 school-age children with disabilities did not attend school. Nearly 100,000 organizations exist, mostly in urban areas, to serve those with disabilities and protect their legal rights. The government, at times in conjunction with NGOs, sponsored programs to integrate persons with disabilities into society. However, misdiagnosis, inadequate medical care, stigmatization, and abandonment remained common problems. According to reports, doctors frequently persuaded parents of children with disabilities to place their children in large government-run institutions, where care was often inadequate. Those parents who chose to keep children with disabilities at home generally faced difficulty finding adequate medical care, day care, and education for their children. Government statistics showed that almost one-quarter of persons with disabilities lived in extreme poverty. Unemployment among adults with disabilities remained a serious problem. Standards adopted for making roads and buildings accessible to persons with disabilities were subject to the Law on the Handicapped, which calls for their "gradual" implementation; compliance with the law was lax. Students with disabilities were discriminated against in access to education. The law permits universities legally to exclude otherwise qualified candidates from higher education. The law forbids the marriage of persons with certain acute mental illnesses, such as schizophrenia. If doctors find that a couple is at risk of transmitting disabling congenital defects to their children, the couple may marry only if they agree to use birth control or undergo sterilization. The law stipulates that local governments must employ such practices to raise the percentage of healthy births. Media reports publicized the forced sterilization of mentally challenged teenagers in Nantong, Jiangsu Province. National/Racial/Ethnic Minorities According to the 2000 census, the population of the country's 55 officially recognized ethnic minorities totaled 106.4 million, or 8.4 percent of the total population. Additionally some citizens identified themselves as members of unrecognized ethnic minorities. Most minority groups resided in areas they traditionally inhabited. Government policy provides members of recognized minorities with preferential treatment in birth planning, university admission, access to loans, and employment. In May 2005 new regulations designed to enhance minority preferences in education became effective. Nonetheless, in practice the majority Han culture often discriminated against minorities. Most minorities in border regions were less educated, and job discrimination in favor of Han migrants remained a serious problem even in state-owned enterprises. In June the Xinjiang Production and Construction Corps announced that it would recruit 840 employees from the Xinjiang Uighur Autonomous Region, designating nearly all of the job openings for Han Chinese. Racial discrimination was the source of deep resentment in some areas, such as Xinjiang, Inner Mongolia, and Tibet. As part of the government's emphasis on building a "harmonious society," the government downplayed racism against minorities and tension among different ethnic groups. But even in the Yanbian Korean Autonomous Prefecture of Jilin Province, which the government recognized as the most "harmonious" ethnic area, there is a perceived ceiling in career advancement for ethnic Koreans. Incomes in minority areas remained well below those in other parts of the country, particularly for minorities. Han Chinese benefited disproportionately from government programs and economic growth. Many development programs disrupted traditional living patterns of minority groups and included, in some cases, the forced relocation of persons (see section 2.d.). The government's policy to encourage Han migration into minority areas resulted in significant increases in the population of Han Chinese in Xinjiang. According to 2005 statistics published by Xinjiang officials, nine million of Xinjiang's 19.6 million official residents were Uighur. Approximately 7.8 million Xinjiang residents were Han (40 percent of the total population), up from 300,000 Han in 1949 (6 percent of the total population). Significant numbers of Kazakhs, Hui, Kyrgyz, and other minorities also lived in Xinjiang. Official statistics underestimated the Han population because they did not count the tens of thousands of Han Chinese who were long-term "temporary workers." The migration of ethnic Han into Xinjiang in recent decades caused the Han-Uighur ratio in the capital of Urumqi to shift from 20 to 80 to 80 to 20 and was a source of Uighur resentment. According to 2005 figures, non-Tibetan residents of the TAR comprised 5.9 percent of the population, but that figure did not include a large number of long-term Han Chinese "temporary" residents. Their presence also caused resentment among some Tibetans (see Tibet Addendum). Minorities constituted 14 percent of the NPC, which was higher than their percentage in the population. According to a 1999 government report, 2.7 million minority officials served in the government. A Xinhua report claimed that more than 25 percent of Inner Mongolia's cadres were ethnic minorities, even though ethnic minorities constituted only 21 percent out of the region's population of 23.79 million. A government report stated that ethnic minority representation in the NPC was 62.7 percent in Xinjiang, 68.2 percent in Tibet, 58.8 percent in Guangxi, 59.8 percent in Ningxia, and 40.7 percent in Inner Mongolia. Nonetheless, Han officials held the most powerful party and government positions in minority autonomous regions, particularly Xinjiang. In April 2005 the government announced that 500 of 700 new government jobs in Southern Xinjiang would be reserved for Han Chinese. In September 2005 the Xinjiang Daily announced that 947 Han cadres were being sent to areas where ethnic unrest had occurred. Han Chinese also held a majority of positions in security services, including special border brigades and new counterterrorism brigades that had some police powers. The government continued moving away from the two-track school systems that used either standard Chinese or the local minority language and toward a new system that required schools to teach both standard Chinese and local minority languages or to teach standard Chinese only. Prior to adopting the new policy, the vast majority of Uighur children in Xinjiang attended Uighur language schools and generally received an hour's Chinese-language instruction per day. Graduates of minority language schools typically needed intensive Chinese study before they could handle Chinese-language course work at a university. The dominant position of standard Chinese in government, commerce, and academia put graduates of minority-language schools who lacked standard Chinese proficiency at a disadvantage. Koranic education was tightly controlled and use of Arabic in public schools is forbidden (see section 2.c.). During the year the government allocated an additional $15 million (RMB 120 million) to build new schools and support technical training for minority students who drop out before high school. A campaign in Xinjiang targeting the "three evils" of religious extremism, splittism, and terrorism continued. Authorities in Xinjiang regularly grouped together individuals or organizations involved in the three evils, making it difficult to determine whether particular raids, detentions, or judicial punishments were targeted at those peacefully seeking to express their political and religious views or those who engaged in violence (see section 2.c.). The government's war on terror continued to be used as a pretext for cracking down harshly on Uighurs expressing peaceful political dissent and on independent Muslim religious leaders. In December 2003 the government published an "East Turkestan Terrorist List," which labeled organizations such as the World Uighur Youth Congress and the East Turkestan Information Center as terrorist entities. These groups openly advocated East Turkestan independence, but only one group, the East Turkestan Islamic Movement was designated by the UN as a terrorist organization. Uighurs were sentenced to long prison terms and many were executed on charges of separatism. During a previous "strike hard" campaign, which officially concluded in 2003, authorities stated they prosecuted more than 3,000 cases in Xinjiang and held mass sentencing rallies attended by more than 300,000 persons. By its own account, from January to August 2004 the government broke up 22 groups engaged in what it claimed were separatist and terrorist activities and meted out 50 death sentences to those charged with separatist acts. In February 2005 Uighur writer Nurmuhemmet Yasin was sentenced to 10 years in prison after publishing a short story which authorities claimed advocated separatism. In April 2005 writer Abdulla Jamal was detained in Xinjiang, reportedly for writings that promoted Uighur independence. In August 2005 10 individuals reportedly were arrested for possession of pamphlets and audiotapes that called for an independent state. Later in the year, editor of the Kashgar Literature Journal Korash Huseyin was sentenced to three years in prison. In October 2005 Ismail Semed, an ethnic Uighur from Xinjiang, was reportedly convicted and sentenced to death on charges of "attempting to split the motherland" and other counts related to possession of firearms and explosives. In 2003 Uighur Shaheer Ali was executed after being convicted of terrorism. In June authorities charged Alim, Ablikim, and Qahar Abdurehim, three of Uighur activist and businesswoman Rebiya Kadeer's sons, with state security and economic crimes. Authorities reportedly beat and tortured Alim and Ablikim, and Alim reportedly confessed to the charges. On July 10, officials indicted Alim and Qahar and placed other family members under house arrest and surveillance. In 2004 Uighur Dilkex Tilivaldi was detained after meeting a foreign journalist. The government refused to clarify his whereabouts (see section 1.e.). Possession of publications or audiovisual materials discussing independence or other sensitive subjects was not permitted. According to reports, possession of such materials resulted in lengthy prison sentences. Officials in the region defended the campaign against separatism as necessary to maintain public order and continued to use the threat of violence as justification for extreme security measures directed at the local population and visiting foreigners. Han control of the region's political and economic institutions also contributed to heightened tension. Although government policies brought economic improvements to Xinjiang, Han residents received a disproportionate share of the benefits. Inner Mongolian cultural activist Hada continued to serve a 15-year sentence during the year (see sections 1.c. and 1.e.).China (includes Tibet, Hong Kong, and Macau)
Country Reports on Human Rights Practices - 2006
Released by the Bureau of Democracy, Human Rights, and Labor
March 6, 2007