The Silver Lining in China's Crackdown
IN PROTEST: Empty chairs form the Chinese character 'Wei' as part of the name of Chinese dissident Ai Weiwei, who was imprisoned, during a protest in Taipei, on June 4. (Patrick Lin/AFP/Getty Images) It has been more than two months since Chinese artist Ai Weiwei disappeared. The son of famous poet Ai Qing, Ai Weiwei is well known for his architecture, curating, photography, film, and social criticism.
After his collaboration with the architects Herzog and de Meuron on Beijing's Olympic stadium, his fame spread. Outspoken and liberal, Ai has long been an advocate for democracy. He stated that he had no interest in the 2008 Olympics and would not attend the opening ceremony: "an Olympics held without freedom and against the will of the people will be nonsense because no totalitarian regime can play at being democracy. It is a pretend harmony and happiness."
In 2009, the first anniversary of China's Wenchuan earthquake, Ai made a documentary of children killed in the earthquake in an attempt to help keep alive the issue of why so many schools collapsed. The Chinese government intended to play down the shoddy school buildings and focused instead on how the People's Liberation Army saved lives. Determined to reveal the truth, Ai made public what the government wanted to hide. Besides his provocative arts, Ai also wrote extensively about his liberal political views on his blog and on Twitter.
There is, however, a broader reason for the CCP repression other than these convergent contingent events. According to China scholar Susan Shirk, two decades of economic reform and opening to the world have transformed Chinese society radically and created latent political challenges to communist rule. Thus, communist leaders have a deep sense of domestic insecurity. Determined to hold onto power, the CCP is taking on individuals with liberal political views, including senior political dissidents, human rights lawyers, and Christians.
In recent years, the CCP has jailed or disappeared several high-profile human rights defenders. Gao Zhisheng, a famous human rights lawyer, has suffered from enforced disappearance and possible torture for the past two years. Li Zhuang, a well-known criminal defense lawyer currently serving an 18-month sentence in prison for fake testimony, was charged again with fabricating testimony in favor of his client (though the case was dropped unexpectedly). According to Chinese Human Rights ! Defender s, dozens of activists have been taken into police custody or placed under house arrest. China's current human rights conditions stand in stark contrast to its booming economy.
Human rights lawyers actively use legal institutions and other platforms to challenge China's authoritarian system. Albeit small, this group of Chinese human rights lawyers has a pivotal position to promote China's human rights in everyday legal practice. Unlike political dissidents who voice their dissatisfaction directly, human rights lawyers protect and help improve human rights through the practice of law.
Prominent legal activists tend to be more confrontational when defending civil and political rights. Traumatized by experiences such as the Cultural Revolution and the 1989 Tiananmen Massacre, they are determined to check the arbitrary power of the state. This group resorts to defending politically sensitive cases to obtain attention and support from international media, foreign donors, and human rights organizations.
After his collaboration with the architects Herzog and de Meuron on Beijing's Olympic stadium, his fame spread. Outspoken and liberal, Ai has long been an advocate for democracy. He stated that he had no interest in the 2008 Olympics and would not attend the opening ceremony: "an Olympics held without freedom and against the will of the people will be nonsense because no totalitarian regime can play at being democracy. It is a pretend harmony and happiness."
In 2009, the first anniversary of China's Wenchuan earthquake, Ai made a documentary of children killed in the earthquake in an attempt to help keep alive the issue of why so many schools collapsed. The Chinese government intended to play down the shoddy school buildings and focused instead on how the People's Liberation Army saved lives. Determined to reveal the truth, Ai made public what the government wanted to hide. Besides his provocative arts, Ai also wrote extensively about his liberal political views on his blog and on Twitter.
Because of this explicit criticism, the Chinese government and the Communist Party (CCP) have long targeted Ai. His fame kept him from potential arrest, until April 4, when Chinese authorities detained Ai in Beijing and later held him on economic charges. The Incidental Art Festival in Beijing devoted ! an empty wall as a tribute to Ai. On June 3, the authorities shutdown the exhibition and brought the curators in for questioning. [Editors Note: On June 22, Ai was conditionally released from prison, with travel and media restrictions placed on him.]Human rights lawyers actively use legal institutions and other platforms to challenge China's authoritarian system.
Tide of Repression?
What is intriguing is the timing of Mr. Ai's arrest. He has been politically active for many years, yet it was not until 2011 that he was arrested. Several reasons explain the timing. Alarmed by democratic revolutions in the Arab world, Beijing is deploying pre-emptive tactics to prevent a Chinese Jasmine Revolution, according to China scholar Minxin Pei, who also points to China's impending leadership succession in 2012 as a factor. Prospective leaders tend to be harsh toward political dissidents. Besides, CCP leaders were wary of the 22nd anniversary of the 1989 Tiananmen massacre on June 4, knowing that the more prominent dissidents inside jails, the more peaceful that day would be.There is, however, a broader reason for the CCP repression other than these convergent contingent events. According to China scholar Susan Shirk, two decades of economic reform and opening to the world have transformed Chinese society radically and created latent political challenges to communist rule. Thus, communist leaders have a deep sense of domestic insecurity. Determined to hold onto power, the CCP is taking on individuals with liberal political views, including senior political dissidents, human rights lawyers, and Christians.
In recent years, the CCP has jailed or disappeared several high-profile human rights defenders. Gao Zhisheng, a famous human rights lawyer, has suffered from enforced disappearance and possible torture for the past two years. Li Zhuang, a well-known criminal defense lawyer currently serving an 18-month sentence in prison for fake testimony, was charged again with fabricating testimony in favor of his client (though the case was dropped unexpectedly). According to Chinese Human Rights ! Defender s, dozens of activists have been taken into police custody or placed under house arrest. China's current human rights conditions stand in stark contrast to its booming economy.
The Emergence of Human Rights Lawyers
Depressing as China's human rights situation may seem, there is a silver lining to this dismal cloud. The crackdown reveals just how far Chinese legal reform and civil society have progressed. Among those jailed or suffering from enforced disappearances, a distinct group is fighting for human rights within the legal frameChina's human rights lawyers. They defend the civil and political rights of Chinese citizens. Only after the CCP arrests them do we begin to notice these emerging human rights defenders. In 2005, the Hong Kong-based publication Yazhou Zhoukan (Asia Week) named Chinese human rights lawyers People of the year, praising their effort to use the constitution to protect citizen rights and to push through democratic and legal reform.Human rights lawyers actively use legal institutions and other platforms to challenge China's authoritarian system. Albeit small, this group of Chinese human rights lawyers has a pivotal position to promote China's human rights in everyday legal practice. Unlike political dissidents who voice their dissatisfaction directly, human rights lawyers protect and help improve human rights through the practice of law.
Prominent legal activists tend to be more confrontational when defending civil and political rights. Traumatized by experiences such as the Cultural Revolution and the 1989 Tiananmen Massacre, they are determined to check the arbitrary power of the state. This group resorts to defending politically sensitive cases to obtain attention and support from international media, foreign donors, and human rights organizations.
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