MEDIA FREEDOM
42. The Chinese media remain subject to heavy control.
Lorna Ball of the BBC World Service described the Chinese media
as "very lively and competitive", but still controlled.[98]
For the journalist Graham Hutchings, press freedom was "virtually
non-existent."[99]
The authorities have also tried to restrict open access to the
internet though it is possible to access Chinese language sites
from Hong Kong, Taiwan or elsewhere through proxy servers. The
BBC World Service argued that the Chinese were "faced with
a difficult dilemma: if they wish to use the capacity of the internet
to fuel economic growth, it will be difficult for them to continue
censoring its use."[100]
James Harding of the Financial Times drew our attention
to the "untenable" State Council Directive that the
only news which can be published on the internet is news which
has already appeared in the print media.[101]
He suggested that the Chinese leadership were terrified by the
fact that they simply could not control the internet.[102]
Lord Powell regarded the attempt to restrict internet access as
nonsensical, absurd and ineffective,[103]
and pointed out that "you cannot conduct modern business
without access to the internet."[104]
Since we received this evidence, there have been further attempts
by the Chinese Government to crack down on attempts to use the
internet to "hurt China's reputation", to "harm
ethnic unity" or "advocate cults." There has been
an attempt to restrict access to non-approved news sites and to
curb the use of chat rooms. Foreign investment has also been restricted.[105]
We conclude that restrictions on the media (including the electronic
media) are not in keeping with Article 19 of the International
Covenant on Civil and Political Rights, with its guarantees of
free expression and of the right to seek, receive and impart ideas
of all kinds regardless of frontiers and through any medium.
CONCLUSION
43. It is apparent that human rights abuses in China
are not one-off incidents, but result from the nature of the Chinese
political systema one-party Communist dictatorship, which
rather than deriving its legitimacy from popular support, is fearful
of the people, and therefore attempts to suppress dissent and
prevent the development of power centres independent of the party.
As Graham Hutchings told us, "civil, political and individual
freedoms of the kind that we most value in the West have occurred
in China by default, always by default. They are the result of
indecision among the leadership about how to deal with a certain
protest. They are the result of an inability of the leadership
to physically suppress at any given time a certain problem."[106]
We identify below some signs of pluralism developing in party
and state structures, but dissent outside these structures, which
might lead to a challenge to the Communist Party, is ruthlessly
crushed.
44. China has long endured cycles of political liberalisation
and repression. We have earlier mentioned the view that there
has been a crackdown over the last two years.[107]
When we asked the Foreign Secretary why this had occurred, he
initially told us that he did not know. When pressed he explained
that the Government had not asked the Chinese about their motivation
because to do so might invite them to excuse what they had done.
He did, however, advance a number of possible reasons for the
recent deterioration in respect for human rights. He told us that
Chinese leaders had been concerned by political upsets in other
countries, and particularly in the former Soviet Union.[108]
He also suggested that the Chinese were attempting to conduct
an almost impossible balancing act of encouraging economic modernisation
while preventing political change. As he told us, they would be
"mistaken in imagining that you can proceed with a programme
of economic modernisation... without that setting off in train
a process of political change and demand for political pluralisation."[109]
As we analyse elsewhere,[110]
the limited liberalisation of the Chinese economy and the resulting
unemployment and social unrest have also threatened the stability
so important to the Chinese leadership, as have the attempts to
create democratic parties in the wake of the Chinese signature
of the International Covenant on Civil and Political Rights, and
to exercise freedom of belief by organisations like Falun Gong.
A beleaguered leadership in Beijing, anxious to hold on to power,
has seen itself over the last two years as having no alternative
but to suppress any movement which threatens, even marginally,
its position. It is equally plausible to argue that another factor
which has caused the crackdown is a Chinese feeling that the international
balance has tipped in their favour, with other countries less
willing to criticise Chinese human rights abuses because of the
market opportunities which they believe exist in an economically
liberalised China.
45. China signed the International Covenant on Economic,
Social and Cultural Rights in 1997, and the International Covenant
on Civil and Political Rights in 1998. It has not yet ratified
either Covenant. (We return later to discuss how pressure may
be put on China to ratify the Conventions.[111])
Of the other core United Nations Human Rights Instruments, China
has ratified the Convention on the Elimination of All Forms of
Discrimination against Women, the Convention on the Rights of
the Child, the Convention on the Elimination of Racial Discrimination
and the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment. By signing or ratifying these
Treaties, China has accepted world standards of human rights,
and it is entirely right that it should be judged by those world
standards.[112]
By the international standards which China has itself accepted,
we must conclude that China is guilty of persistent and major
abuse of human rights.
37 Ev. p. 105. Back
38
Ev. p. 243, Appendix 40. Back
39
See paras. 43ff. Back
40
Q203 (HC 68-ii, Minutes of Evidence on Feira European Council,
7 June 2000). Back
41
Q259. Back
42
FCO Annual Report 2000, Cm 4609, p. 65. Back
43
Ev. p. 78. Back
44
Ev. pp. 105 and 106. Back
45
Q232. Back
46
Ev. pp. 249ff, Appendix 40. Back
47
Ev. p. 260, Appendix 46. Back
48
Ev. p. 237, Appendix 35. Back
49
Ev. p. 127. Back
50
Ev. p. 79. Back
51
Q200; Ev. p. 162, Appendix 10. Back
52
See paras. 115ff. Back
53
See Hugh Davies, Ev. p. 10. Back
54
Ev. p. 206, Appendix 25. Back
55
Ev. p. 252, Appendix 40. Back
56
Ev. p. 106. Back
57
Q199. Back
58
Ev. p. 185, Appendix 18. Back
59
Financial Times, 11 September 2000. Back
60
The Times, 26 October 2000. Back
61
Ev. p. 108. Back
62
Ev. p. 252, Appendix 40. Back
63
Ev. p. 80; Q197. Back
64
"Uyghur" and "Uighur" are acceptable alternate
spellings. Back
65
Ev. p. 186, Appendix 19. Back
66
Dr Dillon, Ev. p. 186, Appendix 18. Back
67
Ev. p. 252, Appendix 40. Back
68
Ev. pp. 255ff, Appendix 41. Back
69
Evidence given to various US Committees by Human Rights Watch
(not published); Q198. Back
70
Ev. p. 186, Appendix 18. Back
71
Q198. Back
72
Q302; Ev. p. 144. Back
73
Ev. p. 188, Appendix 20. Back
74
Evidence given to various US Committees by Human Rights Watch
(not published). Back
75
Ev. pp. 228ff, Appendix 33. Back
76
Ev. p. 231, Appendix 33. Back
77
Ev. p. 233 and evidence to various US Committees by Human Rights
Watch (not published). The 81 year old Bishop Zeng Kingmu of
Jiangxi, who has spent 30 years in prison was similarly arrested
by 60 police at midnight on 14 September 2000-International
Herald Tribune, 19 September 2000, p. 9. Back
78
Ev. p. 122. Back
79
Ev. pp. 260ff, Appendices 43 and 44. Back
80
Q78. Back
81
Ev. p. 79. Back
82
HRIC, Ev. p. 244, Appendix 40. Back
83
Ev. p. 105. Back
84
Ev. p. 209, Appendix 25. Back
85
Ev. p. 226, Appendix 30. Back
86
Ev. p. 245, Appendix 40. Abuse of psychiatric detention also
occurs, Ev. p. 255, Appendix 40. Back
87
QQ229, 232, 234, 256, 260. Back
88
Ev. p. 80. Back
89
Ev. p. 80. Back
90
Ev. p. 80. Back
91
Ev. p. 245, Appendix 40. Back
92
Ev. p. 105. Back
93
Ev. p. 80. Back
94
Ev. p. 106. Back
95
Ev. pp. 148ff, Appendix 2. Back
96
Quoted in the Daily Mail, 2 September 2000. Back
97
Mail on Sunday, 3 September 2000. Back
98
Q47. Back
99
Ev. p. 22. Back
100
Ev. p. 25; Q42. Back
101
Q42. Back
102
Q46. Back
103
Q115. Back
104
Q127. Back
105
Financial Times, 4 October 2000; The Daily Telegraph,
4 October 2000; BBC News Asia-Pacific website, 7 November 2000;
Financial Times and The Independent, 8 November
2000. Back
106
Q81. Back
107
See para. 19. Back
108
The changes in the former USSR have not occurred in the last two
years, of course, but the continuing problems across their northern
and western borders must alarm the Chinese leadership. Back
109
QQ252-7. Back
110
See paras. 115ff. Back
111
See paras. 82ff. Back
112
The standard work Sinclair on Treaties (pp. 610f) points
out that signature of a Treaty "qualifies the signatory state
to proceed to ratification, acceptance or approval and creates
an obligation of good faith to refrain from acts calculated to
frustrate the objects of the Treaty." Back