Posts tagged ‘rule of law’

Friday, September 4, 2015

Old Friends: No you Can’t, Yes we Can

1. You can’t invite that (alleged) War Criminal, can you?

Granted, there were a number of good reasons to stay away from the CCP’s military parade, and the falsification of history that marched among the ranks – after all, it was the Republic of the two Chinas that won the war -, was one of them. But then, Japan, too, cooks history books, and that would deserve more attention, too – I haven’t heard of any Western leader recently who’d cancel a meeting with Japanese prime ministers because of such issues. Maybe it is because history as a science isn’t considered to push economic growth, and therefore deemed useless. But then, history probably wasn’t a main driver of disharmony anyway.

Rather, what seems to have bugged a number of world leaders was Beijing’s guest list, which included Omar Hassan al-Bashir, Sudan’s president. A scandal?

Not if you ask Hua Chunying (华春莹), spokeswoman at China’s foreign ministry. Some Q&A from the ministry’s regular press conference on Tuesday:

Q: Sudan’s President Omar al-Bashir will attend the September 3 activities. President Xi Jinping will also meet with him. Bashir is wanted by the International Criminal Court for war crimes. Is there a contradiction that China invites him to attend activities marking the victory of World War II?


A: African people, including Sudanese people, made important contributions to the victory of the World Anti-Fascist War. It is reasonable and justified for China to invite President Bashir to attend the commemorative activities. China will accord him with due treatment during his stay in China.


Being not a signatory to the Rome Statute of the International Criminal Court, China will deal with relevant issue on the basis of the basic principles of international law.


Now, one might ask why China is no signatory to the Rome Statue of the International Criminal Court. That would go to the heart of the matter, while the spokesperson’s statement remains at the surface. The underlying answer may well be that to Beijing, Omar al-Bashir is primarily the president of Sudan, and only secondly, Beijing’s son of a bitch old friend. That al-Bashir’s immunity is, to Beijing, a matter of state sovereignty, not of personal responsibility or guilt. That aside, the attitude is best compatible with China’s interests in Africa – and maybe, there’s still a bit of a fear among China’s elites that they could, in a worst-case scenario, become targets of the ICC.

In a case like al-Bashir’s, Beijing’s critics are wrong, and Beijing is near-absolutely right. There can be no justice if leaders of small countries can be taken to court, and leaders of great powers remain immune. Peace may be “a journey” and “a never-ending process”, because dialogue is a voluntary choice. But when it comes to justice, tougher standards need to be applied. Unequal justice is an oxymoron.

Hua Chunying’s reference to the Rome Statute is also an elegant swipe against U.S. critics in particular: Washington has signed the Statute, but never ratified it.

2. You can’t Invite Shen Lyushun, can you?

Yes, we can, says Washington D.C., and so it happened on Wednesday. Taiwan’s English-language paper,  The China Post:

In a highly symbolic move, Taiwan’s representative to the United States attended an event in Washington D.C. Wednesday to commemorate the Allied Forces victory in the Pacific and the end of World War II.

Shen Lyushun’s (沈呂巡) attendance was the first time Taiwan’s top diplomat had been invited to attend similar events in the United States.

Now, guess what – Beijing reportedly didn’t like the guest list:

China’s ambassador to the United States Cui Tiankai did not attend the event even though he had been invited. Chinese officials have protested the inclusion of Taiwan’s presence at the event.

Which is fine. Dialogue remains a voluntary choice.



» Failure to Arrest, The Guardian, June 24, 2015
» CIA & Hundesöhne, Tagesanzeiger, Feb 7, 2013
» Not a party to treaty, John Bolton, May 6, 2002


Friday, August 28, 2015

Investigations at “People’s Daily” Online: two Executives, Leading Editors “taken away”

China’s supreme procurate’s website reported on Friday that Henan procurate has opened investigations (立案侦查) concerning People’s Daily Online director and former chief editor  Liao Hong (廖玒), and board member and deputy director Chen Zhixia (陈智霞), reports the BBC Mandarin service online.

The online service should not be confused with the paper edition of People’s Daily.

According to the South China Morning Post (SCMP), quoting a public profile, Liao was a founding member of the People’s Daily website. He had worked for the paper and its digital department for 19 years after graduating from the Beijing University of Technology. Both he and Chen had been taken away for investigation, the SCMP wrote on Thursday. The Hong Konger paper also writes that Liao had been under a lot of pressure after lending support to the publication of  “Under the Dome”, a documentary about air pollution in China, on the website.

According to the BBC, official confirmation of the investigations came after Caixin Online (财新网) and Southern Weekend (南方周末) had already quoted numerous sources saying that Kiao and Chen had been taken away for investigations.

The BBC also quotes news people who saw links between these two investigations and the case of Xu Hui (徐辉), then deputy editor in chief at People’s Daily online. Xu was put under investigation in May this year, and was reportedly accused or suspected of blackmail, and of taking bribes from people who had become subject to supervision by public opinion (舆论监督). The accusations might come across as an accusation similar to one made against former Central Military Commission vice chairman Guo Boxiong, who had been accused of 用职务便利, i. e. taking “advantage of his job”, or office. In the context of supervision by public opinion, it would refer to advantages from the job of an influential journalist. Concerning Xu Hui, Radio Free Asia (RFA) was rather specific about what accusations like these could mean, citing allegations that Xu had approached various companies and threatened to publish negative news stories about them if they didn’t buy advertising on the site.

All that said and written, the “investigations” may just as likely be mere tools in an inofficial-official campaign against critical journalism, be it in the context of the “Under the Dome” documentary, or in any other context.

Friday, August 21, 2015

Some of this Week’s Links: Heroes and Ultra-Vulgar Butchers

1. “All of them are Heroes” – a Soundbyte and its Story

A Hong Kong television station had a small scoop of sorts, or so it seems to feel to both the station, and to Xinhua. They [update: the HK tv station, that is] conducted an apparent surprise interview with Chinese chief state councillor Li Keqiang. This is how Xinhua reported the encounter, apparently on the same day.

According to the Weibo channel of Xinhua newsagency’s Xinhua Viewpoint program, chief state councillor Li Keqiang, on a visit to the injured at Tianjin Taida Hospital, was abruptly approached by a Hong Kong journalist who, using his cell-phone camera, asked minute questions about “unlisted firefighters”. The chief state councillor interrupted his walk and said that the active-service and non-active-service rescuers had all received training, were all fully aware that the fireground was dangerous, but had all left the danger to themselves. Their sacrifices are saddening us. All of them are heroes, and there are no “unlisted” heroes!


Unlisted apparently refers to contract firefighters.

The Nanfang also gave a description of the interview, and linked to the tv station’s video (edited or not, can’t judge that) of it. There seems to be nothing extraordinary about the interview by international standards, and the crucial soundbyte – that all of them are heroes, and there are no unlisted heroscomes at 1′ 14”. Li Keqiang also thanked the reporter “for asking this question and showing your concern for the injured”.

2. “Drawing Profits from selling Ranks and Titles (in Zhongmou)

Some estimates say that the number of rights lawyers has grown from just a handful to […] over a thousand, Yaxue Cao and Yaqiu Wang write in a China Change post published on Wednesday. Going through a July-19 article by China News Service (CNS, 中国新闻社), linked to from the China Change article, you might get the impressoin that corruption charges may not only be politically motivated when brought against party flies or tigers, but they are also weapons in efforts to smear dissidents’ reputation. That may look pretty obvious anyway, but I’ve only become aware of it when reading

For the foreign, language-learning reader, the profitable thing about official lampoons like the one from CNS is that they usually come with some proverbs or classical references. It makes an – otherwise possibly unpleasant – treatise catchy, and helps to create the impression that the propaganda were handed out by trustworthy people.

A short taster from the CNS article:

According to police information, Zhou Shifeng, Wang Yu and other persons formed criminal gangs with Fengrui Law Office as a platform. Since July 2012, they have plotted in more than forty cases and incidents, waving sensational flags about “rights”, “the public good”, etc., seizing the opportunity of becoming famous and of drawing profits from Zhongmou.


Liu Sixin, administrative assistant at said law office, explains that Zhou Sifeng usually likes to recruit three kinds of people: those who dare to speak out, those who dare to act, and those who dare to hype issues, like “ultra-vulgar butcher” Wu Gan and Zhou himself. The second kind is people who hail from the petitional system and from the media, such as Huang Liqun, Xie Yuandong, etc.. And then there are so-called “die-hard” lawyers like Wang Yu, Wang Quanzhang who like to be defenders in sensitive incidents.


The China Change post lists forteen rights lawyers and their stories.

3. Farting Snakes

And to end on a super-vulgar note today: did you know that a snake has an ass?

Now you know. Happy weekend.


» Crackdown intensifies, CS Monitor, July 13, 2015


Tuesday, August 18, 2015

Former leading Tianjin Cadre: Beijing won’t cover up Causes of Disaster, because there isn’t much to Lose

Asked by the BBC‘s Mandarin service if he believes that a former member of the politburo standing committee had been a patron for Ruihai Logistics, the company on whose premises the Tianjin explosions occurred last week, Dr. Zhang Wei (张炜), an economics lecturer at Cambridge University, said that this couldn’t be ruled out, but that the lawlessness that had led to the disaster could just as well be the fault of low-ranking local “snakes” (地头蛇). Both explanations were equally likely, he suggested.

Nextmedia, a magazine published in Hong Kong and Taiwan, had allegged in an online article on Saturday that a major shareholder of Ruihai Logistics were a nephew of former permanent politburo member Li Ruihuan (李瑞環) – this name, however, wasn’t repeated or quoted in the coverage mentioned in this post. Links to any former politburo heavyweights could be touchy information, given that citizens in Tianjin are demanding answers from the authorities as to why cargo of this accident level had been stored less than one kilometer from residential areas, and in apparently illegal quantities. Laying out a possible lawless structure that would be in line with the “local” theories, Time (online) quotes Chinese magazine Caijing as suggesting that one of the Ruihai stakeholders, Dong Mengmeng (董蒙蒙) had been the son of Dong Peijun (董培军) former public security director, an allegation also addressed by Zhang Wei, as quoted by the BBC.

But even if investigations should find traces to a former member of the politburo’s standing committee, Zhang thinks it unlikely that the current central leadership in Beijing would try to cover up the truth. A former member, rather than an incumbent, wouldn’t be of great use to the current government any more, and there would be no reason to halt the investigations.

According to the BBC, Zhang once served as secretary of Tianjin’s municipal Communist Youth League committee (共青团天津市委书记), as director of Tianjin Economic-Technological Development Area, as director for external economic matters at Tianjin municipal government, and in other functions. Zhang’s view of Chinese economic reform in the 1980s – and the slowdown or even reversal in reform during the 1990s – also influenced Huang Yasheng as he wrote Capitalism with Chinese Characteristics.

The explosions and the authorities’ difficulties in handling communication with the public didn’t reflect a public relations crisis (公关危机), the BBC quotes Zhang, but rather a problem rooted in the CCP’s belief in propaganda. Local officials and media in Tianjin had no powers to disclose information to the local public, but had to wait until Xinhua issued an integrated story. This seriously impaired or blocked flows of information.

Saturday, August 1, 2015

Politburo after Guo Boxiong’s Expulsion: “the Party and People have always trusted the Troops”

The blockquotes underneath are my translation of a Xinhua article of Thursday, republished by Shijiazhuang News online on Friday. Today is Army Day in China.

Alleged crime problem and indications may sound a bit strange to the reader, but then, the current investigations against former top “People’s Liberation Army” generals may indeed constitute unchartered waters for the party disciplinary structures and the judicial authorities.

Guo Boxiong (郭伯雄) was a “People’s Liberation Army” general, prior to his retirement in 2012, vice chairman of the Central Military Commission between 2002 and 2012, and, according to an article by the South China Morning Post (SCMP) in April this year, the second top officer from former president Hu Jintao’s administration to fall, after General Xu Caihou (徐才厚) who had been under investigation from March 2014 until his death in March 2015.

While the SCMP emphasizes the belonging of the two top military officials to the Hu Jintao era, Bo Zhiyue, of the New Zealand Contemporary China Research Centre, suggests that Guo Boxiong and Xu Caihou had been loyal supporters of former party, state, and CMC chairman Jiang Zemin.

Now no longer a powerful member of the nomenklatura, Guo Boxiong will probably face court-martial, like any military under criminal suspicion. (I’m not quite sure what the article translated below means by to pass his alleged serious bribery crime problems and indications to the Supreme People’s Procuratorate, authorizing it to handle the military prosecution  organs’ legal proceedings in accordance with the law. Maybe I’m just stumbling across my own translation mistake.

Main Link:
Passing on Guo Boxiong’s alleged Crime Problems and indications to the Judicial Authorities / 将郭伯雄涉嫌犯罪问题及线索移送司法机关依法处理


Xinhua Newsagency, Beijing, July 30, 2015 — On July 30, the politburo held a meeting and examined and approved the Central Military Commission’s Commission for Discipline Inspection’s report on the situation of organizing the investigation and suggestions on handling [the issue of] of Guo Boxiong and decided to expell Guo Boxiong from the party as punishment, and to pass his alleged serious bribery crime problems and indications to the Supreme People’s Procuratorate, authorizing it to handle the military prosecution  organs’ legal proceedings in accordance with the law.

新华社北京7月30日电 7月30日,中共中央政治局会议审议并通过中央军委纪律检查委员会《关于对郭伯雄组织调查情况和处理意见的报告》,决定给予郭伯雄开除党籍处分,对其涉嫌严重受贿犯罪问题及线索移送最高人民检察院授权军事检察机关依法处理。

On April 9, the CCP Central Committee decided to arrange an investigation of Guo Boxiong, in line with the party’s disciplinary regulations. According to the investigation, Guo Boxiong took advantage of his job to attain promotion for others, taking bribes directly and through family people, seriously violating party discipline, and allegedly being involved in taking bribes, under serious circumstances and with abominable effects.


The politburo believes that the severe investigation and punishment of Guo Buxiong’s alleged crime problem amply expresses the steadfast political determination of the central committee with Comrade Xi Jinping as its secretary general to strictly govern the party, to strictly govern the military in accordance with the law, and makes it clear that the central committee firmly and unshakably fights against corruption. The entire party and the entire military must fully understand that the struggle of building the party working style and honest government remains in a serious and complicated situation, and firmly and unshakably continue to deepen the struggle of building the party working style and honest government, and the struggle against corruption. Everyone, his powers may be great or small, his position may be high or low, will be severely investigated and punished with no tolerance and with tough hands.


The meeting has emphasized that all party levels must strengthen education, management, supervision especially of cadres, especially senior leaders, that [all party levels] must strengthen the struggle against corruption and advocate the construction of honest government, play a role in the restraining effects of law, regulations and discipline, promote an effective mechanism where corruption isn’t dared, can’t be done, and isn’t wanted, incessantly achieving new results in building the new party working style, honest government, and in the struggle against corruption. All leading cadres must solidly establish the Marxist worldview, philosophy, values, consciously strengthen the party’s cultivation, strictly observe the party’s political discipline and political rules, establish correct concepts of power [and/or justice, 权力观], status, benefit, they must take the lead in fulfilling the three requirements of being strict and real*), take the lead in abiding by the regulations honestly and with self-discipline, take the lead in fighting corruption, consciously go through temptations and tests, and always preserve the progressiveness and purity of the party.


The meeting emphasized that the people’s army has always been trusted by the party and the people. Ever since the beginning of reform and opening up [in December 1978], under the strong leadership of the party’s central committee, striking accomplishments have been achieved in building national defense and the military. The people’s army has made major contributions in the defense of the country’s sovereignty, security, development benefits, and the protection of the people’s peaceful life and in similar fields. All authorities in all localities must continue to support the construction and reform of the military as they have in the past, safeguard and promote the unity between the army and the government and the army and the people, so as to provide guarantees for achieving the goal of a strong military. All levels of the military must deepen and grasp ideological construction and work style construction, conscientiously implement the spirit of the PLA all-army political work meeting, support the leading role of ideology, support troop training and war preparedness, support head-on strictness, serve as living examples of what they teach, continue and further develop the party’s and troops’ glorious traditions and excellent working style, forever preserve the natural political color of the people’s troops, ensure a high degree of stability and centralized unity, incessantly bind together the strong positive energy (正能量) of a strong army.




*) see footnote 2) there »


Saturday, July 25, 2015

Tenzin Delek Rinpoche, 1950 – 2015

The New York Times carried an article on Tuesday, describing the aftermath of Tenzin Delek Rinpoche‘s (Tibetan: བསྟན་འཛིན་བདེ་ལེགས་; Chinese: 丹增德勒仁波切) death in a prison in Chongqing. Tenzin Delek had been in prison since 2002/2003, and there’s a Wikipedia entry about his background and story. The authorities reportedly turned down a request by Tenzin Delek’s sister to preserve the body for 15 days as demanded by Tibetan Buddhist tradition. An autopsy, or any chance of one, isn’t mentioned in the reports.

Amnesty International published a report on Tenzin Deleg’s case in September 2003, less than a year after his arrest, citing doubts that detention and trial had been up to standard.

According to a Reuters report, on July 16, Sichuan Province’s propaganda department said it was unaware of the case, and an official who picked up the telephone at the provincial police department said she had not heard of the case.

Three days later, on July 19, the BBC‘s Mandarin service quoted Xinhua newsagency as saying that Tenzin Delek had died of a heart attack:

Because Tenzin Delek frequently refused medical treatment or medication, he died from heart disease.


The BBC also quoted Tenzin Delek’s sister (Chinese name: Zhuoga or 卓嘎) as saying that the authorities had not given her an explanation about the cause of her brother’s death, which had added to her doubts.

According to Xinhua, as quoted by the BBC, a prison warden had found Tenzin Delek on July 12, and that the prisoner had stopped breathing during an afternoon nap. According to the Xinhua report, he died in an intensive care unit, an hour after having been found.

Reacting to a call from Washington to investigate Tenzin Delek’s death, Huanqiu Shibao reportedly wrote that America should forget about dragging another “criminal” out of prison, and described Washington’s attention to human rights issues as a method to maintain self-confidence while facing China’s rise.

The actual wording of the Huanqiu article can be found here.

The New York Times article mentioned at the beginning of this post also reported that Tenzin Delek’s sister and niece were taken away from a restaurant in Chengdu by police officers on Friday, and hadn’t been seen since (i. e. not by July 21). It doesn’t become clear to me if this is the same sister in both cases. The name of the 52-year-old arrested sister (Dolkar Lhamo) sounds different from the one mentioned earlier in the article.

Tsering Woeser has collected a number of articles concerning Tenzin Delek this month.



» 王力雄:丹增德勒求“法”记, Woeser, July 26, 2015


Thursday, June 11, 2015

Zhou Yongkang gets Life

A pretty fair comment by the BBC’s Carrie Gracie there »,

and a pretty prescient look onto what might be Xi Jinping‘s present tense and future here:


The BBC assessment also contains some Weibo utterances – frightening examples for what alcohol, a lack of good sex, and tons of ham-handed propaganda can do to the human brain:

“Tiger Zhou didn’t escape lawful punishment. It should ring a warning bell for others”, “Support justice. Everyone should obey laws!”, “He knows law but breaks law. He deserves to be punished. We’re determined to battle corruption” …



» How safe will he be in 2023, Dec 13, 2014


Friday, March 6, 2015

NPC and CPPCC sessions: The Phrasemongering Season has begun

People's Daily online resources for learning cadres

On the Road of Learning
from the Great Helmsman –
click picture for source

China’s ongoing two annual political sessions have once again hit major headlines, as the world is anticipating the country’s new measures to cope with its growth slowdown to a state of “new normal”,

according to a Xinhua report republished by Beijing Review, an English-language propaganda paper for exactly that waiting world. And also according to Beijing Review, Chinese Premier Li Keqiang and other leaders on Wednesday vowed to fully implement the “Four Comprehensives” strategic layout in order to realize economic and social development targets.

The Four Comprehensives can make clearer what the road to the Chinese dream is about, believes Central Party School professor and doctoral supervisor Xin Ming.

And that’s badly needed stuff, if we go by what the BBC said in February:

Mr Xi denounced political jargon as “empty words” during a speech five years ago.
However, he launched his leadership in 2013 with the idea of the “Chinese dream”, a concept many say is still ill-defined.

So, just how does the “dream” concept become clearer, according to Xin?

The professor believes that the “Chinese dream” is “a strategic layout in the historical process of the realization of the greatest dream of the Chinese nation.”

He considers the “four comprehensives” – the goal of comprehensively building a moderately prosperous society, coprehensive deepening of reform, comprehensive promotion of government by law, and strictly governing the party – constitute three strategic measures (apparently, Xin combines the rule by law and the demand of strictly governing the party).

He believes that, iguratively speaking, one goal and three measures may also count as „three legs of a tripod“ on which the goal is set up. “One body, three feet” are structuring the blueprint of China’s happy future.



“To really comprehensively understand the ‚four comprehensives‘, I’m afraid we need to move one step further, i. e. to understand that besides the one-body-three-feet structure, we must understand which kind of consciousness it highlights.” Xin Ming believes that „behind the four comprehensives, there are contemporary communists,or three strong kinds of consciousness in current Chinese society.


Xin states “a sense of mission”, “problem awareness”, and a “sense of responsibility” as these “strong kinds of consciousness”. As for the latter,

Chinese Communists‘ have such a noble mission, but at the same time, we clearly encounter problems in the process of completing the mission. How can we deal with the problems? We shy away from them, turn a blind eye to them, or we confront them head-on, crack them, smooth them out, solve them. What does it take to do this job? It takes acceptance of responsibility. Without acceptance of responsibility, there won’t be this kind of strategic vision, there won’t be this sense of responsibility. Maybe we could still pick up what can be done well, what can be done easily, and with immediate effect, but we can’t make a big fanfare over „comprehensiveness“.

中国共产党人有这样一种崇高的使命,同时,我们也很清楚在完成这个使命的过程中会遇到什么样的问题。遇到这些问题怎么办?我们是绕着走、视而不见,还是迎 头而上,去破解问题、化解问题、解决问题。做这些工作要什么?需要一种担当。没有这种担当意识,我们做不出这样一种战略构想,没有这样一种担当意识,也许 我们就会捡好的做,捡容易的做,捡能马上见效的做,而不会在“全面”上大做文章。

All this, written in the run-up to the sessions of the NPC and the CPPCC, may come across as empty words, as observed by the BBC or by unnamed critics quoted by the BBC: Critics say the Communist elite’s obsession with jargon alienates them from plain-speaking Chinese citizens.

That may be so – among an unknown share of the Chinese population. But it would be particularly true for Chinese people who are in constant contact with foreigners, and who may actually feel somewhat embarrassed when their foreign colleagues or friends pick up some of the more colorful blossoms of CCP phrasemongering. But despite all the embarrassment (or fun) it may create, this custom – which isn’t merely “communist” – has been criticized for a century or longer, and it hasn’t gone away. To another unknown share of the Chinese population, the slogans are realities.

Or, as Jacques Ellul wrote in 1962, about a much more obvious and obtrusive kind of CCP propaganda than of our days:

When one reads this once, one smiles. If one reads it a thousand times, and no longer reads anything else, one must undergo a change. And we must reflect on the transformation of perspective already suffered by a whole society in which texts like this (published by the thousands) can be dsitributed and taken seriously not only by the authorities but by the intellectuals.*)



*) Jacques Ellul, “Propaganda”, New York 1965 (a more recent reprint of it), p. 14



» Reference Book, Beijing Review, Mar 6, 2015
» Unobtrusive and imperceptible, Jan 7, 2012



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