Human rights and wrongs
A curious thing happened on China's human rights front last week. Three women, part of the 'Tiananmen mothers' group of activists headed by Ding Zilin, were arrested, causing international consternation. The US government called for their immediate release. A few days later, they were released after the Chinese government said they had shown repentance for unspecified 'illegal activities'.
The women had apparently videoed testimony to be shown to the UN Commission on Human Rights in Geneva. No doubt, Beijing was embarrassed that its own nationals were providing evidence to be used against China, especially since the US plans to introduce a motion to criticise Beijing.
The incident is illuminating. It can be used to show that China's human rights record is as bad as ever, with elderly women who had lost loved ones being persecuted. It can also be used to show that China has improved, since the women were not sentenced to long prison terms.
China is angered by the US decision and asserts it has been making substantial progress in human rights. Washington, however, claims that while China had made 'incremental but unprecedented progress' in 2002, when the US did not introduce a motion in Geneva, there was 'backsliding' last year.
Indeed, there were serious human rights problems last year. Internet activists now form a new group of people targeted by the authorities. As last year's report by the US said: 'Sichuan website manager Huang Qi and students belonging to the New Youth Study Group received long prison sentences for their internet essays encouraging democracy.'
But there were bright spots as well. 'In June, the government abolished the administrative detention system of 'custody and repatriation' for migrants,' the report said. 'Reforms also expanded legal aid and introduced restrictions on extended unlawful detention.' Moreover, it said: 'Court officials continued efforts to enable the poor to afford litigation by exempting, reducing or postponing court fees ... Those seeking to obtain compensation from government officials became eligible for legal-aid services.'
In fact, looking at the 2002 and 2003 reports, one is hard pressed to find evidence that there was 'unprecedented progress' in one year and 'backsliding' in the other.
The introduction to the 2002 report stated blandly: 'The Chinese also continued to carry out some structural reforms in the areas of the rule of law and democracy. Direct elections at the village level took place in several provinces and pressure to move them to higher levels grew. Economic reform has led to legal reform, and legislatures continued experimenting with public hearings to incorporate public opinion into policy.'
Exactly the same words could have been used to describe 2003. In fact, looking at the two reports, one is struck by their similarity. Whole sentences - sometimes whole paragraphs - are identical.
The truth is, the human rights picture in China is mixed, with progress and backsliding evident every year. Exactly the same event can be described to give it either a positive or a negative spin. For example, speaking of the 1997 Criminal Procedure Law, the 2002 report said that it 'gives most suspects the right to seek legal counsel shortly after their initial detention and interrogation'. However, last year's report said the law 'falls short of international standards in many respects'.
One has the strong feeling that the difference between the two reports was whether the glass was half empty, or half full.
So what is the US referring to? State Department spokesman Richard Boucher said that the US is 'disappointed by China's failure to meet its commitments made at the US-China Human Rights Dialogue in December 2002'.
Apparently, China had promised to issue invitations to the UN Special Rapporteur on Religious Intolerance, the UN Special Rapporteur on Torture and the UN Working Group on Arbitrary Detention. Perhaps most important of all, leaders of the US Commission on International Religious Freedom were also to be invited.
None of those visits took place. In an election year, when President George W. Bush needs to firm up his support from the Christian right, it is understandable why the US decided to condemn China's human-rights performance. Its record is so spotty that it can be used for almost any political purpose. In the end, that, more than American political cynicism, is the tragedy.
Frank Ching is a Hong Kong-based journalist and commentator
