Notes to Section II--Climate Change and the Environment
\1\ Letter from Su Wei, Director-General, Department of Climate
Change, National Development and Reform Commission of China, to Mr. Yvo
de Boer, Executive Secretary, UNFCCC Secretariat, 9 March 10 (to
include China in the list of Parties).
\2\ Letter from Su Wei, Director-General, Department of Climate
Change, National Development and Reform Commission of China, to Mr. Yvo
de Boer, Executive Secretary, UNFCCC Secretariat, reprinted in
ChinaFAQs (Online), 28 January 10 (letter regarding autonomous domestic
mitigation actions).
\3\ Ibid.
\4\ Xie Zhenhua, ``China's Challenges Limit Control of Emissions
(Authority Forum)'' [Zhongguo tiaozhan kongzhi paifang jixian (quanwei
luntan)], People's Daily (Online), 6 January 10.
\5\ Kathrin Hille, ``China Sets Date for CO2 Cut,'' Financial Times
(Online), 15 August 09. The above source notes that Su Wei, Director
General of the Department of Climate Change, National Development and
Reform Commission of China, reportedly told the Financial Times that
``China's emissions will not continue to rise beyond 2050.'' On the
other hand, the source below notes that Wan Gang, the Minister of
Science and Technology, reportedly told the Guardian that carbon
emissions in China would peak sometime between 2030 and 2040. Jonathan
Watts, ``China's Carbon Emissions Will Peak Between 2030 and 2040, Says
Minister,'' Guardian (Online), 6 December 09.
\6\ State Council Information Office, National Human Rights Action
Plan of China (2009-2010), Xinhua (Online), 13 April 09, sec. 7. The
Action Plan outlines numerous specific science-based goals related to
energy and climate change. The plan calls for ``[i]mplementing China's
National Plan for Coping with Climate Change by slowing down greenhouse
gas emission. While enhancing energy utilization efficiency and
developing renewable energy resources to reduce the emission of carbon
dioxide, China will strive to maintain the discharge of nitrous oxide
in the processes of industrial production at the 2005 level, to
increase the forestry coverage to 20 percent, and increase the annual
carbon sink by about 50 million tons of carbon dioxide over the level
of 2005.'' Other actions include: ``[d]oing all we can to make the
ratio of energy consumption per GDP unit in 2010 around 20 percent
lower than that in 2005,'' and ``[d]eveloping renewable energy
resources, and working toward the goal of increasing their consumption
to 10 percent of the total energy consumption by 2010.''
\7\ See, e.g., State Council Information Office, National Human
Rights Action Plan of China (2009-2010), Xinhua (Online), 13 April 09,
sec. 7; Outline of the Economic and Social Development 11th Five-Year
Plan of the People's Republic of China [Zhonghua renmin gongheguo
guomin jingji he shehui fazhan di shiyi ge wunian guihua gangyao],
Xinhua, reprinted in China Net (Online), 16 March 06, chap. 3; National
Development and Reform Commission, Medium and Long-Term Development
Plan for Renewable Energy in China (Abbreviated Version), China
Internet Information Center (Online), September 2007, sec. 3.2(1);
``China's National Climate Change Programme,'' China Climate Change
Info-Net (Online), June 2007.
\8\ Shi Jiangtao, ``Carbon Pledge on Track With Past Performance,''
South China Morning Post (Online), 28 November 09.
\9\ PRC Renewable Energy Law [Zhonghua renmin gongheguo kezaisheng
nengyuan fa], enacted 28 February 05, effective 1 January 06, amended
26 December 09, effective 1 April 10.
\10\ ``National Energy Commission Established New Energy Sources
Could Benefit First'' [Guojia nengyuanwei chengli xin nengyuan keneng
xian shouyi], Daily Economic News, reprinted in China Energy Net
(Online), 28 January 10. The establishment of the National Energy
Commission was formally approved in 2008. State Council General Office,
Circular Regarding Establishment of National Energy Commission
[Guowuyuan bangongting guanyu chengli guojia nengyuanweiyuanhui de
tongzhi], issued 22 January 10. The National Energy Commission will,
among other tasks, participate in energy research projects, devise
energy development strategies, and play a coordinating role on some
major issues.
\11\ ``Local Development and Reform Commissions Will Establish
Climate Change Response Offices and Issue Emission Reduction Plans''
[Gedi fagaiwei jiang she yingdui qihou bianhuachu chu jianpai fangan],
Dongfang Net, reprinted in Netease (Online), 3 January 10.
\12\ See, e.g., Hui Qi, China Development Brief (Online),
``Introducing Chinese Civil Society's Projects To Address Climate
Change'' [Zhongguo gongmin shehui yingdui qihou bianhua xiangmu], 12
March 10; Greenpeace China (Online), ``Greenpeace China, Oxfam Hong
Kong, WWF Hong Kong and Twelve Other Community Organizations Ally
Against Climate Change,'' 25 May 09; Huo Weiya, Chinadialogue (Online),
``The New Face of Youth Activism in China,'' 6 December 07; Heinrich
Boll Stiftung (Online), ``Environment and Climate,'' last visited 4
October 10.
\13\ Friends of Nature et al. (Online), ``A Warming China: Thoughts
and Actions for the Chinese Civil Society'' [Biannuan de zhongguo:
gongmin shehui de si yu xing], 20 December 07; Friends of Nature
(Online), ``How Chinese Civil Society Can Participate in Responding to
Climate Change Disasters'' [Zhongguo gongmin shehui zuzhi ruhe canyu
yingdui qihou zaihai], February 2010. The source above notes that seven
Chinese environmental groups issued a report regarding ways in which
Chinese citizen groups could participate in climate disaster actions.
\14\ Shai Oster, ``Not All in China Resist Carbon Caps,'' Wall
Street Journal (Online), 9 December 09. This source discusses the
incident in December 2009, where a group of 200 Chinese business
leaders issued a statement in which they said they would promote
absolute emissions reduction targets for Chinese enterprises.
\15\ Jonathan Watts, ``Pants for Progress: Chinese Climate
Protesters Strip Off on Train,'' Guardian (Online), 18 January 10.
\16\ Transparency in Environmental Protection and Climate Change in
China, Staff Roundtable of the Congressional-Executive Commission on
China, 1 April 10, Testimony of Deborah Seligsohn, Senior Advisor,
China Climate and Energy Program, World Resources Institute. Ms.
Seligsohn stated that ``[i]n contrast to energy data, China has
substantially less experience collecting and reporting greenhouse gas
emissions data.''
\17\ Teng Fei et al., World Resources Institute (Online),
``Mitigation Actions in China: Measurement, Reporting and
Verification,'' June 2009, 9.
\18\ ``China Revises Statistics Law To Curb Data Falsification,''
Xinhua (Online), 27 June 09.
\19\ ``China Agrees Energy Data Deal,'' Radio Free Asia (Online), 3
November 09.
\20\ National Development and Reform Commission, China's Policies
and Actions for Addressing Climate Change--The Progress Report 2009,
reprinted in China Climate Net (Online), November 2009. These include
the Circular of the State Council on Approving and Forwarding the Plan
and Measures for Implementing the Statistics, Monitoring and Assessment
of Energy Conservation and Pollution Reductions jointly issued in 2007
by several ministries. The National Bureau of Statistics established a
special department in 2008, the Department of Energy Statistics, which
is tasked with organizing the survey, collection, compilation, and
publication of energy data.
\21\ ``China Agrees Energy Data Deal,'' Radio Free Asia (Online), 3
November 09. Radio Free Asia reported Professor Philip Andrews-Speed,
an expert on Chinese energy issues at the University of Dundee in
Scotland, as saying Chinese energy data has accuracy problems because
of the large number of data sources and the alleged practice by
officials of modifying data to meet government targets and advance
their personal careers. Transparency in Environmental Protection and
Climate Change in China, Staff Roundtable of the Congressional-
Executive Commission on China, 1 April 10, Testimony of Deborah
Seligsohn, Senior Advisor, China Climate and Energy Program, World
Resources Institute. Ms. Seligsohn stated that ``[t]here is no doubt
data could be improved . . . [w]hile [the National Bureau of
Statistics] has become much more willing to revise its data sets . . .
Chinese revisions of recent-year data do not always include revisions
of prior-year data, making time series analysis difficult.''
\22\ Coral Davenport, ``Kerry's Reality Check in Copenhagen,'' CQ
Today (Online), 17 December 09. In December 2009, Su Wei, China's
primary climate change negotiator, said: ``It's not necessary for
others to have worries about China's reductions commitment, because
these have been approved by the National People's Congress . . . [t]he
delegates in Congress have the role of supervision . . . .''
\23\ Ibid. Su Wei also stated, ``[t]he channels of information are
open . . . [i]nstitutions and countries who have questions about
China's commitment will be answered.''
\24\ Copenhagen Accord (Decision 2/CP.15), UNFCCC, Conference of
Parties, 15th Sess., FCCC/CP/2009/11/Add. 1, 18 December 09, art. 5.
Article 5 of the Copenhagen Accord states: ``. . . [m]itigation actions
subsequently taken and envisaged by Non-Annex I Parties, including
national inventory reports, shall be communicated through national
communications consistent with Article 12.1(b) every two years on the
basis of guidelines to be adopted by the Conference of the Parties.
Those mitigation actions in national communications or otherwise
communicated to the Secretariat will be added to the list in appendix
II. Mitigation actions taken by Non-Annex I Parties will be subject to
their domestic measurement, reporting and verification the result of
which will be reported through their national communications every two
years. Non-Annex I Parties will communicate information on the
implementation of their actions through National Communications, with
provisions for international consultations and analysis under clearly
defined guidelines that will ensure that national sovereignty is
respected. Nationally appropriate mitigation actions seeking
international support will be recorded in a registry along with
relevant technology, finance and capacity building support . . . .
These supported nationally appropriate mitigation actions will be
subject to international measurement, reporting and verification in
accordance with guidelines adopted by the Conference of the Parties.''
\25\ ``Build Consensus and Strengthen Cooperation To Advance the
Historical Process of Combating Climate Change,'' Xinhua (Online), 18
December 09. Wen said China ``. . . will further enhance the domestic-
statistical, monitoring and evaluation methods, improve the way for
releasing emission reduction information, increase transparency and
actively engage in international exchange, dialogue and cooperation.''
\26\ International Energy Agency (Online), Joint Statement by the
National Energy Administration of the People's Republic of China and
the International Energy Agency, 14 October 09, para. 16. China and the
IEA announced China would engage in several programs including one
related to energy statistics: ``[a]ccurate, complete and timely energy
statistics are essential in all countries to inform wise policy choices
and foster market stability. Experts from China and of the IEA will
continue to work together on capacity building to strengthen China's
energy statistical system, and will co-operate in the development of
internationally comparable statistics and indicators of energy
efficiency in all sectors, to support energy policy making in China.''
\27\ U.S. Environmental Protection Agency (Online), Memorandum of
Cooperation Between the National Development and Reform Commission of
the People's Republic of China and the Environmental Protection Agency
of the United States of America To Build Capacity To Address Climate
Change, 17 November 09, sec. 2. The memorandum states: ``[t]he
cooperative activities undertaken pursuant to this Memorandum of
Cooperation, hereinafter referred to as the `MOC,' may involve the
following areas: 1. Capacity building for developing greenhouse gas
inventories; 2. Education and public awareness of climate change; 3.
The impacts of climate change to economic development, human health and
ecological system, as well as research on corresponding
countermeasures; and 4. Other areas as determined by the
Participants.''
\28\ U.S. White House (Online), U.S.-China Joint Statement, 17
November 09.
\29\ State Council Information Office, National Human Rights Action
Plan of China (2009-2010), Xinhua (Online), 13 April 09, sec. 7;
National Development and Reform Commission, Medium and Long-Term
Development Plan for Renewable Energy in China (Abbreviated Version),
China Internet Information Center (Online), September 2007, secs. 3.2,
4, and 4.1.
\30\ Peter H. Gleick, ``Three Gorges Dam Project, Yangtze River,
China'' in Peter H. Gleick et al., The World's Water 2008-2009
(Washington: Island Press, 2009), 145-146.
\31\ See, e.g., Peter H. Gleick, ``Three Gorges Dam Project,
Yangtze River, China,'' in Peter H. Gleick et al., The World's Water
2008-2009 (Washington: Island Press, 2009), 145-146; Jim Yardley,
``Chinese Dam Projects Criticized for Their Human Costs, Choking on
Growth, Part IV,'' New York Times (Online), 19 November 07; CECC, 2006
Annual Report, 20 September 06, 103; ``Three Gorges Resettlement
Activist Paralyzed After Assault,'' CECC China Human Rights and Rule of
Law Update, July 2006, 10-11; Stacy Mosher, ``The Case of Fu Xiancai,''
China Rights Forum, No. 3, 2006, 48-51.
\32\ Wan Huazhong, ``Dam Forces Relocations of 300,000 More,''
China Daily (Online), 21 January 10; ``Three Gorges Relocated Migrants:
Return to Emptiness and Wondering Ever Since'' [Sanxia waiqian yimin,
guiqu lai xikong paihuai], Southern Daily (Online), 10 March 10.
\33\ Wan Huazhong ``Dam Forces Relocations of 300,000 More,'' China
Daily (Online), 21 January 10. The article noted that as of January
2010, an additional 300,000 people living in the reservoir area still
needed to be relocated to ensure people's safety from geographic
hazards, such as landslides. ``Central China City Relocates 150,000
People for Three Gorges Project in 17 Years,'' Xinhua (Online), 10
January 10.
\34\ Shi Jiangtao, ``Protest Over Dam Project Ends After 20-Hour
Stand-Off,'' South China Morning Post (Online), 26 April 10; ``Sichuan
Farmers Protest of Dadu Dam Seen To Have Little Impact,'' South China
Morning Post, 4 January 05 (Open Source Center, 4 January 05);
``100,000 Protesters Clash With Police Over Dam Project in Sichuan,''
Tai Yang Pao, 1 November 04 (Open Source Center, 1 November 04). The
Pubugou Dam was the site of one of China's most serious outbreaks of
rural unrest in 2004 when tens of thousands of citizens protested
against the dam's construction.
\35\ Shi Jiangtao, ``Protest Over Dam Project Ends After 20-Hour
Stand-Off,'' South China Morning Post (Online), 26 April 10.
\36\ Shi Jiangtao, ``Six Arrested for Defying Eviction Over Dam
Work,'' South China Morning Post (Online), 24 June 10.
\37\ Ibid.
\38\ Philip Brown and Yilin Xu, Social Science Research Network
(Online), ``Hydropower Development and Resettlement Policy on China's
Nu River,'' 2010, 13-17.
\39\ Qian Haoping, ``Shaanxi Weinan Police Go to Beijing To Detain
Writer, Say His Book Publication Involves Illegal Business Operations''
[Shaanxi weinan jingfang jinjing zhuazou zuojia cheng qi chushu she
feifa jingying], Beijing News, reprinted in Phoenix Net (Online), 1
September 10.
\40\ Ibid.
\41\ Ibid.
\42\ Ibid.
\43\ He Xin, Liu Chang, Qin Xudong, and Tang Ying, ``Yellow River
Reportage Lands Writer in Jail,'' Caixin (Online), 10 September 10.
\44\ ``In Writer's Arrest, a New Cry for Rule of Law,'' Century
Weekly, reprinted in Caixin (Online), 10 September 10.
\45\ Zhou Ze, ``Doubts About Relevant Weinan Department's
Notifications Regarding the Xie Chaoping Case Communicated by the
News'' [Dui xie chaoping an xinwen tongji shang weinan youguan bumen
tongbao qingkuang de zhiyi], Caijing (Online), 18 September 10;
``Police Enter Beijing To Detain a Person, Xie Chaoping `Guilty of
Speech' or `Illegal Business Activities?' '' [Jingcha jinjing zhuaren,
xie chaoping ``yiyan huozui'' haishi ``feifa jingying''], Southern
Daily (Online), 2 September 10; ``Please Let Us Believe Xie Chaoping Is
Not `Guilty of Speech' '' [Qing rang women xiangxin xie chaoping bushi
``yinyan huozui''], Zhengyi Net (Online), 3 September 10; ``Mistakes in
the Xie Chaoping Case Should Be Rectified as Soon as Possible'' [Xie
chaoping an ying jinkuai jiucuo], Century Weekly (Online), 4 September
10; ``Regarding the Process of Publishing `The Great Migration' and
Numerous Questions About Weinan Police Involvement'' [Guanyu
``daqianxi'' chuban de jingguo ji dui weinan jingfang jieru de zhuduo
bujie], Caixin (Online), 3 September 10.
\46\ ``Weinan `Book Case' Procuratorate Rejects Arrest of Xie
Chaoping'' [Weinan ``shu'an'' jianfang jubu xie chaoping], Caijing
(Online), 17 September 10.
\47\ Ibid.
\48\ ``Weinan `Book Case' Worker at a Print Shop Detained Because
of `The Great Migration' '' [Weinan ``shu'an'' yi yinshuachang zhigong
yin ``daqianxi'' beizhua], Caijing (Online), 16 September 10;
``Tracking Down `Great Migration' Printer Zhao Shun'' [Zhuixun
``daqianxi'' yinshuaren zhaoshun], Voice of America (Online), 20
September 10.
\49\ National Population and Family Planning Commission (Online),
``Deputy Director Zhao Baige and Other Leaders Give Lectures at an
International Research Forum on Population and Climate Change'' [Zhao
baige fuzhuren deng lingdao zai renkou yu qihou bianhua guoji yanxiu
banshang zuo zhuanti yanjiang], 28 April 10; ``China Says Population
Controls Help Fight Climate Change,'' Reuters (Online), 11 December 09.
\50\ National Population and Family Planning Commission (Online),
``Deputy Director Zhao Baige and Other Leaders Give Lectures at an
International Research Forum on Population and Climate Change'' [Zhao
baige fuzhuren deng lingdao zai renkou yu qihou bianhua guoji yanxiu
banshang zuo zhuanti yanjiang], 28 April 10.
\51\ See CECC, 2009 Annual Report, 10 October 09, 151.
\52\ Ministry of Environmental Protection, First National Pollution
Source Survey Report [Diyi ci quanguo wuranyuan pucha gongbao], 6
February 10. The ministry started the survey in December 2007 and
incorporated data from 5.93 million sources.
\53\ Ministry of Environmental Protection (Online), ``Ministry of
Environmental Protection: Four Points From Results of First National
Pollution Source Survey'' [Huanbaobu: diyi ci quanguo wuranyuan pucha
gongzuo chengguo you si fangmian], 9 February 10; Shai Oster, ``China
Sees Vast Pollution,'' Wall Street Journal (Online), 10 February 10;
Emma Graham-Harrison, ``China's Water Pollution Level Higher Than
Estimated in 2007,'' Reuters (Online), 10 February 10.
\54\ Ministry of Environmental Protection (Online), ``Ministry of
Environmental Protection: Four Points From Results of First National
Pollution Source Survey'' [Huanbaobu: diyi ci quanguo wuranyuan pucha
gongzuo chengguo you si fangmian], 9 February 10.
\55\ Zhang Ruidan, ``Widest Pollution Trail Leads to Farm Fields,''
Caixin (Online), 25 February 10.
\56\ Ministry of Environmental Protection, First National Pollution
Source Survey Report [Diyi ci quanguo wuranyuan pucha gongbao], 6
February 10; Emma Graham-Harrison, ``China's Water Pollution Level
Higher Than Estimated in 2007,'' Reuters (Online), 10 February 10.
Greenpeace campaign director Sze Pang Cheung urged the government to
give the public access to the survey data.
\57\ Lee Liu, Environment Magazine (Online), ``Made in China:
Cancer Villages,'' March/April 2010. See section of report titled ``How
Real Is the Cancer-Village Phenomenon, and Who Is Spreading the Word/
'' for more information about the various Chinese research projects
examining ``cancer villages.''
\58\ Ibid.
\59\ Ibid.
\60\ State Council Information Office, National Human Rights Action
Plan of China (2009-2010), Xinhua (Online), 13 April 09, sec. 7. The
action plan states: ``[u]pholding the principle of harmonious
development between man and nature and the rational exploitation and
utilization of natural resources, China will take an active part in
international cooperation in an effort to create an environment
favorable for human existence and sustainable development and build a
resource-conserving and environment-friendly society to guarantee the
public's environmental rights.''
\61\ Ibid. It states ``[s]pecial actions will be taken to protect
public health by intensifying monitoring over and punishing enterprises
that discharge pollutants against the law, and by investigating and
severely punishing acts and cases of violating laws and regulations on
environmental protection.''
\62\ Ibid.
\63\ Cui Peng, ``National Audit Office: False Reports Divert 515
Million Yuan for Water Pollution Prevention'' [Shenjishu: shui wuran
fangzhi nuoyong xubao 5.15 yiyuan], People's Daily (Online), 29 October
09.
\64\ Ibid.
\65\ ``Main Culprit Behind Jiahe's `Blood Lead Incident' (2)''
[Jiahe ``xieqian shijian'' beihou yuanxiong (2)], Beijing News
(Online), 16 March 10. The news story reported that Jiahe County
People's Congress Standing Committee member Luo Jiangbing said some of
the new enterprises in the county would open for operations prior to
conducting an environmental impact assessment (EIA), some would not
even conduct an EIA, and others would open for business without meeting
the requirements of an EIA.
\66\ Wang Gang et al., ``Pollution in the Go: Mistakes During the
Transfer of Industries'' [Wuran qianzou: chanye zhuanyizhong de fazhan
wuqu], in Change: Chinese Environmental Journalists Survey Report
[Gaibian: zhongguo huanjing jizhe diaocha baogao], ed. Wang Yongchen
(Beijing: SDX Joint Publishing Company, 2007), 198-200; ``Main Culprit
Behind Jiahe's `Blood Lead Incident' (2)'' [Jiahe ``xieqian shijian''
beihou yuanxiong (2)], Beijing News (Online), 16 March 10. During the
reporting year, Lei Xiangdong, the Director of the Jiahe Environmental
Protection Bureau in Hunan province, commented that some enterprises
using antiquated equipment had been shut down in neighboring Guangdong
province, and then moved to the poorer county of Jiahe. He continued by
saying ``everyone is developing the economy, Jiahe is backwards, it is
not easy to get a few enterprises to move [here], it is not good to
discipline them.''
\67\ Ministry of Supervision (Online), ``2009 Discipline Inspection
and Supervision Entities Case Investigation and Management Work
Situation Press Conference,'' 7 January 10.
\68\ Cui Peng, ``National Audit Office Announced `Three Rivers and
Three Lakes' Water Pollution Prevention and Control Achievements Audit
Investigation Results,'' People's Daily (Online), 29 October 09. The
article noted that 515 million yuan in project funding had been
misappropriated or appropriated using falsified reports; 214.3 million
yuan in project funding had not been collected or was [on the books as
being] in arrears (as waste management fees or pollution levies) in
nine provinces, autonomous regions, or cities; and 151 million yuan in
project funding had been misappropriated or held back (retained for
one's own use) by enterprises in 13 provinces, autonomous regions, and
cities.
\69\ ``Transparency in China: Implications for the Environment and
Climate Change,'' Staff Roundtable of the Congressional-Executive
Commission on China, 1 April 10, Testimony of Barbara Finamore, Senior
Attorney and Director, China Program, Natural Resources Defense
Council, 7.
\70\ Natural Resources Defense Council and Institute for Public and
Environmental Affairs, ``Breaking the Ice on Open Environmental
Information'' [Huanjing xinxi gongkai jiannan pobing], June 2010; Alex
Wang, Switchboard (Online), ``Assessing the State of Environmental
Transparency in China,'' 7 June 10.
\71\ Ministry of Environmental Protection, Ministry of
Environmental Protection Open Government Information Work 2009 Annual
Report [Huanjing baohubu zhengfu xinxi gongkai gongzuo 2009 niandu
baogao], 18 March 10. Citizens requested information primarily about
environmental impact assessment reports, environmental monitoring data,
and environmental laws and regulations among other items. CECC, 2009
Annual Report, 10 October 10, 198; Ministry of Environmental
Protection, Ministry of Environmental Protection 2008 Government Open
Information Work Report [Huanjing baohubu zhengfu xinxi gongkai gongzuo
2008 niandu baogao], 20 March 09.
\72\ Ministry of Environmental Protection, Ministry of
Environmental Protection Open Government Information Work 2009 Annual
Report [Huanjing baohubu zhengfu xinxi gongkai gongzuo 2009 niandu
baogao], 18 March 10.
\73\ Ibid. Six were submitted by the same person in connection with
Ministry of Environmental Protection matters (the ministry upheld the
original decision in all six) and three in connection with local
environmental protection bureau matters.
\74\ Ibid.
\75\ Ren Xinghui, ``Explanation for the Circumstances of My Open
Government Information Request Regarding Three Gorges Dam Construction
Funding'' [Wo shenqing sanxia gongcheng jianshe zijin xiangguan zhengfu
xinxi gongkai de qingkuang shuoming], reprinted in China Transparency
(Online), 9 December 09. He sent requests to the Ministry of Finance,
the Three Gorges Project Construction Committee under the State
Council, and the China Yangtze Three Gorges Project Development
Corporation.
\76\ Ibid.; Opinions on Several Questions Regarding the People's
Republic of China Regulations on Open Government Information [Zhonghua
renmin gongheguo zhengfu xinxi gongkai tiaoli ruogan wenti de yijian],
issued 29 April 08, art. 14.
\77\ Shai Oster, ``Activists Test China's Openness Vows,'' Wall
Street Journal (Online), 10 March 10.
\78\ Three Gorges Watch (Online), ``Already Raised Appeal in Case
Against Ministry of Finance for Non-Disclosure of Three Gorges
Construction Funding Information'' [Su caizhengbu sanxia jianshe zijin
xinxi bu gongkai an, yitiqi shangsu], 21 April 10.
\79\ Ibid.
\80\ Cara Anna, ``First Details on China Oil Spill's Cause
Emerge,'' Associated Press, reprinted in Google (Online), 23 July 10.
\81\ Andrew Jacobs, ``Group Says China's Official Oil Spill Figure
May Be Too Low,'' New York Times (Online), 30 July 10.
\82\ Shi Jiangtao, ``Sludge, Sludge, Wink, Wink: How Collusion
Abets Pollution,'' South China Morning Post (Online), 27 July 10.
\83\ ``Pollution From Copper Mine Kills Millions of Fish,'' Agence
France-Presse (Online), 12 July 10.
\84\ Alex Wang, ``Zijin Mining Group's Inadequate Disclosure of
China Acid Spill, What Needs To Be Done/ '' Greenlaw (Online), 24 July
10.
\85\ Shi Jiangtao, ``Sludge, Sludge, Wink, Wink: How Collusion
Abets Pollution,'' South China Morning Post (Online), 27 July 10. The
South China Morning Post reported that because of the June pollution
incident, approximately 200 fishermen from several nearby villages
obstructed the gate of the county government building with two tons of
dead fish on June 23, 2010, but as of the end of July, residents said
top local authorities had not taken real action so far to address
citizen complaints about the pollution problem.
\86\ Alex Wang, ``The Real Significance of China's First
Environmental Group-Led Lawsuit Against the Government,'' Switchboard
(Online), 10 August 09; ``China's First Environmental Administrative
Public Interest Litigation Case by a Social Organization Opens in
Guiyang'' [Quanguo shouli shetuan zuzhi huanjing xingzheng gongyi
susongan guiyang kaishen], 3 February 09. On September 1, 2009, one
hour into the trial, the All-China Environment Federation agreed to
withdraw the case against the Qingzhen City Ministry of Land and
Resources in Guizhou province.
\87\ Qin Xudong, ``China's First Environmental Civil Case Ends in
Mediation,'' Caijing (Online), 30 September 09. The All-China
Environment Federation accepted a mediated settlement in its case
against the Jiangyin Port Container Company in July 2009 in Wuyi city,
Jiangsu province.
\88\ ``Follow-Up on Jinsha River Environmental Public Interest
Rights Defense Incident'' [Jinshajiang huanjing gongyi weiquan shijian
zhuizong], China Economic Times (Online), 27 August 09.
\89\ Ibid. Prior to Wu dropping his request, the Chongqing City
Environmental Protection Bureau and the All-China Environment
Federation consulted with Wu.
\90\ Zhangjiajie Municipal Environmental Protection Bureau
(Online), ``National Environmental Petition Work: Videoconference
Convenes'' [Quanguo huanjing xinfang gongzuo, shipin huiyi zhaokai], 14
April 10.
\91\ Jinhua Municipal Environmental Protection Bureau (Online),
``Ministry of Environmental Protection Convenes First National
Environmental Petition Work Videoconference'' [Huanbaobu zhaokao di
yici quanguo huanjing xinfang gongzuo shipin huiyi], 15 April 10.
\92\ Ibid.
\93\ Li Jing, ``Heavy Metal Pollution To Be Controlled,'' China
Daily (Online), 27 January 10. In January 2010, the Minister of
Environmental Protection said the ministry would issue a plan to manage
and remediate heavy metal pollution by June 2010 after review by the
State Council. Alex Wang, ``More Heavy Metal Mania: Another China
Pollution Round-Up,'' Switchboard (Online), 2 November 09; Wang Qian,
``China Cracks Down on Heavy Metal Pollution,'' China Daily (Online),
10 April 10. The Ministry of Environmental Protection conducted a
nationwide campaign to investigate enterprises that are sources of
heavy metal pollution.
\94\ Jinhua Municipal Environmental Protection Bureau (Online),
``Ministry of Environmental Protection First National Environmental
Petition Work Videoconference'' [Huanbaobu zhaokai diyici quanguo
huanjing xinfang gongzuo shipin huiyi], 15 April 10.
\95\ For more information about the Wugang case, see ``Lead
Poisoning in Children in Hunan Triggers Protests by Parents and Raises
Questions About Governmental Accountability,'' CECC China Human Rights
and Rule of Law Update, No. 1, 8 January 10, 2; Michael Wines, ``Lead
Sickens 1,300 Children in China,'' New York Times (Online), 20 August
09.
\96\ ``Lead Poisoning in Children in Hunan Triggers Protests by
Parents and Raises Questions About Governmental Accountability,'' CECC
China Human Rights and Rule of Law Update, No. 1, 8 January 10, 2;
``China Detains 15 Over Lead Protest,'' Associated Press, reprinted in
Wall Street Journal (Online), 3 September 09; Song Shengxia, ``Police
Deny Arresting Parents Over Lead Case,'' Global Times (Online), 4
September 09; ``Parents of Poison Victims Say China Linking Them to
Falun Gong,'' CNN (Online), 3 September 09.
\97\ For more information about the Shaanxi lead poisoning case,
see ``Lead Poisoning Incident in Shaanxi Leads to Protests, Rights
Infringements Reported,'' CECC China Human Rights and Rule of Law
Update, No. 6, 9 December 09, 8; Tu Chonghang, ``Shaanxi Lead Poisoning
Incident From Start to Finish'' [Shaanxi fengxiang qian zhongdu
shijianshiwei], Beijing News, reprinted in China Law Information Net
(Online), 21 August 09.
\98\ Jonathan Watts, ``China Defends Detention of Lead Poisoning
Victims Who Sought Medical Help,'' Guardian (Online), 16 March 10;
``Main Culprit Behind Jiahe's `Blood Lead Incident' (2)'' [Jiahe
``xieqian shijian'' beihou yuanxiong (2)], Beijing News (Online), 16
March 10.
\99\ Choi Chi-yuk, ``Landfill at Water Source Stirs Up Unrest in
Anhui,'' South China Morning Post (Online), 28 July 10; ``Popular
Protest Against Landfill in Shucheng County Met With Police Force''
[Shucheng minzhong kangyi lajidui tianqu zaoyu jingcha baoli], Radio
Free Asia (Online), 26 July 10; ``Shucheng County, Anhui Province
Residents Protest Construction of Landfill, Clash Between Police and
Citizens Shelves Project'' [Anhui shucheng baixing kangyi xingjian
lajichang jingmin chongtu jihua gezhi], Radio Free Asia (Online), 27
July 10.
\100\ Liu Shuduo, ``Guangxi Villagers Resist Re-siting of Landfill,
Six People Detained, Eight People's Whereabouts Unknown'' [Guangxi
cunmin dizhi lajichang gaizhi, 6 ren beiju 8 ren xialuo buming], Global
Times (Online), 25 July 10.
\101\ ``Police Fire Teargas and Arrest Villagers Protesting Chosen
Location for Landfill Site'' [Cunmin dizhi lajichang xuanzhi jiangfang
fashe cuilei waci jincun zhuaren], China Economic Times (Online), 26
July 10.
\102\ Ibid.
\103\ PRC Criminal Procedure Law, enacted 1 July 79, amended 17
March 96, effective 1 January 97, art. 64. Public security officials
are required to notify family members or employers of the reasons for
and place of a person's detention within 24 hours.
\104\ ``Police Fire Teargas and Arrest Villagers Protesting Chosen
Location for Landfill Site'' [Cunmin dizhi lajichang xuanzhi jiangfang
fashe cuilei wacijincun zhuaren], China Economic Times (Online), 26
July 10.
\105\ Ibid.
\106\ Li Dewen, Chinese Human Rights Defenders (Online), ``In
Jiangsu Province, Wujiang City, Pingwang Town, Tens of Thousands Join
Demonstration'' [Jiangsu wujiang pingwanzhen shuwan jumin lianxu juxing
kangyi shiwei], 25 October 09; ``Wujiang, Jiangsu Waste Cogeneration
Power Plant, a 300 Million Yuan Investment, Is Closed Because of
Citizen Resistance'' [Jiangsu wujiang touzi 3yi laji fadianchang yin
qunzhong dizhi beijiaoting], Southern Daily (Online), 2 November 09;
``Tens of Thousands of People Continuously Protest in the Streets
Against Putting Into Operation a Waste Incineration Cogeneration Plant
in Wujiang, Jiangsu'' [Jiangsu wujiang laji ranshaochang touchan shuwan
ren lianxu jietou kangyi], Radio Free Asia (Online), 22 October 09.
\107\ ``Oppose Beijing Waste Incineration, Protect Rights: Bieshu
District PK Asia's Largest Incineration Plant'' [Beijing fan laji
ranshao weiquan: bieshuchu pk yazhou zuida ranshaochang], Southern
Metropolitan Daily (Online), 3 March 10; Li Jing, ``Green NGO Drives
Change at Grass Roots,'' China Daily (Online), 20 April 10; ``Officials
State Beijing Already Has No Room To Put Garbage, Incineration Plant
Construction Plan Will Not Change'' [Guanyuan cheng beijing yi wudi mai
laji ranshaochang jianshe guihua bu hui gaibian], Beijing Times
(Online), 11 May 10. One community of residents, known by the name
Aobei, submitted a 25,000-word alternative proposal to authorities.
\108\ Chloe Lai, ``Stealth Protest Over Waste Burning Takes Off,''
South China Morning Post (Online), 15 November 09; Fang Zilin, Chinese
Human Rights Defenders (Online), ``Panyu, Guangdong Residents Opposed
to Garbage Incinerator Construction Stage Sit-In Protest'' [Guangdong
panyu fandui jian laji fenshaochang de shimin kaishi jingzuo
kangzheng], 23 November 09. Citizens also used other tactics such as
producing t-shirts and bumper stickers and collecting thousands of
signatures for a petition.
\109\ Chloe Lai, ``Stealth Protest Over Waste Burning Takes Off,''
South China Morning Post (Online), 15 November 09.
\110\ ``Guangzhou Proprietors Oppose Construction of Waste
Incineration Plant in Their District'' [Guangzhou yezhu fandui qunei
jian laji ranshaochang], Radio Free Asia (Online), 4 November 09.
\111\ ``China's Guangzhou Suspends Incinerator Project Until
Environmental Assessments OK,'' Xinhua (Online), 23 November 09; Ivan
Zhai, ``Controversial Incinerator Project on Hold,'' South China
Morning Post (Online), 12 December 09; ``Disputed Garbage Incinerator
Project Suspended in South China,'' Xinhua (Online), 21 December 09.
\112\ Kristine Kwok, ``Tibetans Beaten During Angry Protests,''
South China Morning Post (Online), 19 May 10; ``Enterprise Development
Leads to Environmental Disaster Citizen Protest in Tibetan Areas
Suppressed'' [Qiye kaifa zhi huanjing zainan zangqu minzhong kangyi zao
zhenya], Radio Free Asia (Online), 18 May 10.
\113\ Ibid.
\114\ ``Villagers Renew Mine Protests,'' Radio Free Asia (Online),
12 May 10; ``Tibetans Held After Protest,'' Radio Free Asia (Online),
21 June 10.
\115\ ``Tibetans Held After Protest,'' Radio Free Asia (Online), 21
June 10.
\116\ ``Thousands of Guangxi Villagers Clash With Polluting
Factory, Many Detained After Blocking Roads and Protesting'' [Guangxi
qian cunmin chong wuranchang dulu kangyi duoren beiju], Radio Free Asia
(Online), 14 July 10.
\117\ Choi Chi-yuk, ``How Greed Turned River Into Pea Soup and Left
Village in Despair,'' South China Morning Post (Online), 23 July 10.
\118\ ``Thousands of Guangxi Villagers Clash With Polluting
Factory, Many Detained After Blocking Roads and Protesting'' [Guangxi
qian cunmin chong wuranchang dulu kangyi duoren beiju], Radio Free Asia
(Online), 14 July 10.
\119\ ``17 Jingxi County Rioters Arrested in Guangxi, Police Seal
Village'' [Guangxi jingxi xian saoluan 17 ren beibu jingcha fengcun],
Radio Free Asia (Online), 15 July 10.
\120\ ``Rights Defender Xiao Qingshan Detained for Seven Days for
Publicizing Environmental Protection'' [Weiquan renshi xiao qingshan
yin xuanchuan huanbao bei juliu qiri], Radio Free Asia (Online), 07
April 10.
\121\ ``Beijing Non-Governmental Environmental Protection Forum
Prevented, Some Participants Summoned, Houses Searched, and Some Put
Under Soft Detention'' [Beijing minjian huanbao yantao bei jin zao
chuanhuan chaojia ruanjin zhe zong], Radio Free Asia (Online), 12 April
10. At the forum, participants were scheduled to discuss China's
drought and the role of non-governmental groups in addressing the
problem. Gu reported that the police who questioned him thought that
the 30 people who were involved in organizing or were possibly going to
attend the forum could be put under surveillance, warned not to go,
interrogated, or put under soft detention.
\122\ Chinese Human Rights Defenders (Online), ``Police Raid Home
of Beijing Activist Gu Chuan as Pressure on Human Rights Defenders
Increases,'' 9 April 10. Authorities requested information about his
bank account, confiscated his computers, notebooks, and other
belongings, without producing a warrant, and interrogated him for seven
hours.
\123\ Human Rights Watch (Online), ``China: Drop Charges Against
Tibetan Environmental Philanthropist,'' 10 June 10.
\124\ ``Tibetan Environmentalist Jailed for 5 Years,'' Reuters
(Online), 3 July 10.
\125\ Human Rights Watch (Online), ``China: Drop Charges Against
Tibetan Environmental Philanthropist,'' 10 June 10; Cara Anna, ``China
Now Pressuring Tibetans Outside Politics,'' Associated Press, reprinted
in Yahoo! (Online), 18 June 10.
\126\ Robert Saiget, ``China Environmentalist Alleges Brutal Jail
Treatment,'' Agence France-Presse (Online), 11 May 10; ``Taihu Lake
Defender Wu Lihong Released From Prison, Local Authorities Block People
From Greeting Him'' [Taihu weishi wu lihong chuyu dangju zuzhi minzhong
yingjie], Radio Free Asia (Online), 12 April 10; ``Environmental
Activist Wu Lihong Released, Alleges Abuse,'' CECC Human Rights and
Rule of Law Update, No. 5, 4 June 10, 2; CECC, 2007 Annual Report, 10
October 07, 138.
\127\ Robert Saiget, ``China Environmentalist Alleges Brutal Jail
Treatment,'' Agence France-Presse (Online), 11 May 10; ``Environmental
Activist Wu Lihong Completes Sentence, Publicly Requests Authorities To
Restore His Reputation'' [Huanbao renshi wulihong xingman huoshi
gongkai yaoqiu dangju huifu mingyu], Radio Free Asia (Online), 11 May
10.
Notes to Section III--Civil Society
\1\ Civil society organizations in China include a range of groups,
such as national mass organizations that Party authorities created and
fund, smaller citizen associations registered under national
regulations, and loose networks of unregistered grassroots
organizations. The Chinese organizational forms that most nearly
correspond to the Western concept of a non-governmental organization
are social organizations (SOs) [shehui tuanti], non-governmental and
non-commercial enterprises (NGNCEs) [minban feiqiye danwei], and
foundations [jijinhui]. SOs are voluntary organizations; they include
academic, professional, or trade organizations, as well as voluntary
associations of individuals with a common interest. NGNCEs are non-
governmental service providers, including schools, hospitals, sports
organizations, or employment service organizations. Foundations are
non-profit and non-governmental organizations managed through the use
of funds voluntarily donated by foreign and domestic social
organizations. Foundations often promote the development of scientific
research, culture, education, social welfare, and social services. The
State Council issued the current national regulations governing SOs and
NGNCEs in 1998, and those regulating foundations in 2004. The
proliferation of different organizational forms stems in part from the
fact that China has only recently concentrated on creating a
comprehensive system of governance for the large number of private
voluntary organizations that have emerged in the wake of the enormous
social changes of the 1980s and 1990s. It is also a result of strict
registration regulations that drive many civil society organizations to
operate without government registration.
\2\ Ministry of Civil Affairs, Civil Affairs Statistics, Quarterly
Report [Minzheng shiye tongji ji bao], 2010; see also CECC, 2006 Annual
Report, 20 September 06, 120; CECC, Topic Paper: Chinese Civil Society
Organizations, 12 August 05.
\3\ CECC, 2009 Annual Report, 10 October 09, 204.
\4\ Ibid. For more detailed definitions of civil society
organizations in China, see CECC, Topic Paper: Chinese Civil Society
Organizations, 12 August 05.
\5\ ``How China's NGOs Can Make a Difference,'' South China Morning
Post (Online), 14 December 09; Keith B. Richburg, ``China's Crackdown
on Non-Profit Groups Prompts New Fears Among Activists,'' Washington
Post (Online), 11 May 10.
\6\ China Labour Bulletin (Online), ``Beijing Gives Local
Governments 30 Days To Implement Anti-HBV Discrimination Measures,'' 12
February 10.
\7\ John Carney, ``Vilified Oxfam Points to Good Works in China,''
South China Morning Post (Online), 21 March 10.
\8\ Keith B. Richburg, ``China's Crackdown on Non-Profit Groups
Prompts New Fears Among Activists,'' Washington Post (Online), 11 May
10; Chen Xiangyang, ``The Current State and Challenges of Non-
Governmental Organizations in China'' [Fei zhengfu zuzhi zai zhongguo
de xianzhang ji tiaojian], China Economic Times, 26 May 05.
\9\ Chen Xiangyang, ``The Current State and Challenges of Non-
Governmental Organizations in China'' [Fei zhengfu zuzhi zai zhongguo
de xianzhang ji tiaojian], China Economic Times, 26 May 05.
\10\ Keith B. Richburg, ``China's Crackdown on Non-Profit Groups
Prompts New Fears Among Activists,'' Washington Post (Online), 11 May
10.
\11\ PRC Constitution, adopted 4 December 82, amended 12 April 88,
29 March 93, 15 March 99, 14 March 04, art. 35.
\12\ International Covenant on Civil and Political Rights (ICCPR),
adopted by UN General Assembly resolution 2200A (XXI) of 16 December
66, entry into force 23 March 76, art 22.
\13\ For the purposes of this section, the term ``NGO'' refers to
NGOs recognized in Chinese law (of which the various types recognized
under Chinese law are sometimes referred to collectively in English as
civil society organizations or social organizations), as well as those
not registered with the government, or those that operate as a legally
recognized organization but are not considered an NGO according to
Chinese law.
\14\ Regulations for the Registration and Management of Social
Organizations [Shehui tuanti dengji guanli tiaoli], issued and
effective 25 October 98, art. 6; Yu Fangqiang, ``Challenges for NGOs in
China,'' Asia Catalyst (Online), 2 June 09.
\15\ Regulations for the Registration and Management of Social
Organizations [Shehui tuanti dengji guanli tiaoli], issued and
effective 25 October 98, art. 27.
\16\ Human Rights Watch (Online), ``Restrictions on AIDS Activists
in China,'' 14 June 05, sec. VI, 42-49.
\17\ Yu Fangqiang, ``Challenges for NGOs in China,'' Asia Catalyst
(Online), 2 June 09.
\18\ Asia Catalyst (Online), ``Restrictions on AIDS NGOs in Asia,''
1 December 09, 10.
\19\ Verna Yu, ``China's NGOs Fear for the Worst,'' Asia Times
(Online), 15 August 09.
\20\ China Human Rights Lawyers Concern Group (Online), ``Deeply
Concerned About Beijing Civil Organization `Gongmeng' Being
Unreasonably Clamped Down,'' 17 July 09.
\21\ Human Rights in China (Online), ``Law Research Center Is Shut
Down as Authorities Tighten Control on Civil Society Groups,'' 17 July
09.
\22\ Verna Yu, ``China's NGOs Fear for the Worst,'' Asia Times
(Online), 15 August 09.
\23\ Gillian Wong, ``China AIDS Activist Flees to US After
Harassment,'' Associated Press (Online), 10 May 10.
\24\ ``Beijing on Alert as Annual Political Session Opens,''
Associated Press (Online), 2 March 10.
\25\ Gillian Wong, ``China AIDS Activist Flees to US After
Harassment,'' Associated Press (Online), 10 May 10.
\26\ Amnesty International (Online), ``China Human Rights Briefing
23-30 March 2010,'' 1 April 10.
\27\ Gillian Wong, ``China AIDS Activist Flees to US After
Harassment,'' Associated Press (Online), 10 May 10.
\28\ Peking University Department of Social Sciences (Online),
``Public Announcement'' [Gong gao], 25 March 10; ``Rights Defense NGOs
Affiliated With Peking University Suddenly Killed'' [Beida xia xia
weiquan NGO tu bei sha], Ming Pao (Online), 30 March 10.
\29\ ``RFA Exclusive: Guo Jianmei Says Peking University Should Not
Have Removed the Center'' [RFA dujia: guo jianmei cheng beida che
zhongxin bu ying gai], Radio Free Asia (Online), 29 March 10.
\30\ ``NGOs Fear Tighter State Curbs After University Cuts Links,''
South China Morning Post (Online), 30 March 10; Zhang Jieping, ``Public
Interest Lawyer Guo Jianmei's NGO Faces Pressure'' [Gongyi lushi guo
jianmei NGO bei daya], Asia Week (Online), 11 April 10.
\31\ Ministry of Education, Urgent Notice From the Party Committee
of the Ministry of Education Regarding Preventing Oxfam International's
Chinese Office in Hong Kong From Recruiting ``University Student
Volunteers'' via the Internet [Guanyu fangzhi xianggang le shi hui
zhongguo fen bu tongguo hulianwang zai wo gaoxiao zhaopin daxuesheng
zhiyuan zhe de jinji tongzhi], issued 4 February 10; Christopher
Bodeen, ``China Tells Schools To Shun Relief Agency Oxfam,'' Associated
Press (Online), 23 February 10; He Bei, Chinese Human Rights Defenders
(Online), ``Ministry of Education Orders College Students Not To
Participate in Hong Kong Oxfam'' [Zhongguo jiaoyu bu leling daxuesheng
bude canyu xianggang le shi hui], 23 February 10.
\32\ Christopher Bodeen, ``China Tells Schools To Shun Relief
Agency Oxfam,'' Associated Press (Online), 23 February 10; ``Mainland
Suddenly `Clamps Down,' Oxfam Will Cease Training Programs'' [Neidi tu
fengsha le shi hui ting peixun], Sina (Online), 24 February 10.
\33\ State Administration of Foreign Exchange, Circular on Issues
Concerning the Management of Foreign Exchange Donated to or by Domestic
Institutions [Guanyu jingnei jigou juanzeng waihui guanli youguan wenti
de tongzhi], issued 30 December 09, effective 1 March 10.
\34\ Ibid., art. 2.
\35\ Ibid., art. 5(1).
\36\ Ibid., art. 5(2).
\37\ Ibid., art. 5(3).
\38\ Ibid., art. 5(4).
\39\ Ibid., art. 5(3).
\40\ Zhang Han, ``NGOs Feel the Squeeze,'' Global Times (Online),
19 May 10.
\41\ ``Hot Topic: China Suppresses NGOs,'' Radio Free Asia
(Online), 17 May 10.
\42\ State Administration of Foreign Exchange, Circular on Issues
Concerning the Management of Foreign Exchange Donated to or by Domestic
Institutions [Guanyu jingnei jigou juanzeng waihui guanli youguan wenti
de tongzhi], issued 30 December 09, effective 1 March 10, Introduction;
Emma Graham-Harrison, ``New Finance Rules Add to Squeeze on China
NGOs,'' Reuters (Online), 12 March 10.
\43\ State Administration of Foreign Exchange, Circular on Issues
Concerning the Management of Foreign Exchange Donated to or by Domestic
Institutions [Guanyu jingnei jigou juanzeng waihui guanli youguan wenti
de tongzhi], issued 30 December 09, effective 1 March 10, art. 8; Emma
Graham-Harrison, ``New Finance Rules Add to Squeeze on China NGOs,''
Reuters (Online), 12 March 10.
\44\ Emma Graham-Harrison, ``New Finance Rules Add to Squeeze on
China NGOs,'' Reuters (Online), 12 March 10.
\45\ Meg Davis, ``China's New Nonprofit Regulations: Season of
Instability,'' Asia Catalyst (Online), 14 June 10.
\46\ ``Government Advances Civil Society-Related Reforms in
Shenzhen,'' CECC China Human Rights and Rule of Law Update, No. 2, 5
February 10, 3.
\47\ Ministry of Civil Affairs and Shenzhen Municipal Government,
Cooperation Agreement on Pushing Forward With Integrated Reforms to
Civil Affairs Undertakings [Tuijin minzheng shiye zonghe peitao gaige
hezno xieyi], issued 20 July 09, item 11.
\48\ Karla W. Simon, Professor, the Catholic University of America,
at Lecture, ``Half a Century of Asian Law: A Celebration of Prof.
Jerome Cohen,'' George Washington University, 20 February 10.
\49\ Karla W. Simon, ``Two Steps Forward and One Step Back--
Developments in the Regulation of Civil Society Organization in
China,'' PowerPoint Presentation, Available at International Center for
Civil Society Law (Online), October 2009, slide 12.
\50\ State Council Information Office, National Human Rights Action
Plan of China (2009-2010), Xinhua (Online), 13 April 09, sec. II(6).
\51\ Ibid.
\52\ Ibid.
\53\ Ibid.
\54\ Regulations for the Registration and Management of Social
Organizations [Shehui tuanti dengji guanli tiaoli], issued and
effective 25 October 98, art. 2.
\55\ Ibid., arts. 3-10.
\56\ Ibid., art. 4.
\57\ Provisional Regulations for the Registration and Management of
Non-Commercial Institutions [Shiye danwei dengji guanli zhanxing
tiaoli], issued and effective 25 October 98, amended 27 June 04, art.
2.
\58\ Regulations for the Management of Foundations [Jijinhui guanli
tiaoli], issued 8 March 04, effective 1 June 04, art. 3.
\59\ Ibid., arts. 6-10.
\60\ Ibid., arts. 8(3), 20, 29.
\61\ Ibid., art. 6.
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