Enforce Article 35 of China’s Constitution, Abolish Censorship and Realize Citizens’ Right to Freedom of Speech and Freedom of Press: A Letter to the Standing Committee of the National People’s Congress
Written by Li Rui (李锐), Hu Jiwei (胡绩伟) and others
Dated: October 11, 2010
Dear members of the Standing Committee of the National People’s Congress:
Article 35 of China’s Constitution as adopted in 1982 clearly states that: “Citizens of the People’s Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.” For 28 years this article has stood unrealized, having been negated by detailed rules and regulations for “implementation.” This false democracy of formal avowal and concrete denial has become a scandalous mark on the history of world democracy.
On February 26, 2003, at a meeting of democratic consultation between the Standing Committee of the Political Bureau of the Central Committee of the Chinese Communist Party and democratic parties, not long after President Hu Jintao (胡锦涛) assumed office, he stated clearly: “The removal of restrictions on the press, and the opening up of public opinion positions, is a mainstream view and demand held by society; it is natural, and should be resolved through the legislative process. If the Communist Party does not reform itself, if it does not transform, it will lose its vitality and move toward natural and inevitable extinction.”
On October 3, America’s Cable News Network (CNN) aired an interview with Chinese Premier Wen Jiabao (温家宝) by anchor Fareed Zakaria. Responding to the journalist’s questions, Wen Jiabao said: “Freedom of speech is indispensable for any nation; China’s Constitution endows the people with freedom of speech; The demands of the people for democracy cannot be resisted.”
In accord with China’s Constitution, and in the spirit of the remarks made by President Hu Jintao and Premier Wen Jiabao, we hereupon represent the following concerning the materialization of the constitutional rights to freedom of speech and of the press:
Concerning the Current State of Freedom of Speech and Press in Our Country
We have for 61 years “served as master” in the name of the citizens of the People’s Republic of China. But the freedom of speech and of the press we now enjoy is inferior even to that of Hong Kong before its return to Chinese sovereignty, to that entrusted to the residents of a colony.
Before the handover, Hong Kong was a British colony, governed by those appointed by the Queen’s government. But the freedom of speech and freedom of the press given to residents of Hong Kong by the British authorities there was not empty, appearing only on paper. It was enacted and realized.
When our country was founded in 1949, our people cried that they had been liberated, that they were not their own masters. Mao Zedong said that, “From this moment, the people of China have stood.” But even today, 61 years after the founding of our nation, after 30 years of opening and reform, we have not yet attained freedom of speech and freedom of the press to the degree enjoyed by the people of Hong Kong under colonial rule. Even now, many books discussion political and current affairs must be published in Hong Kong. This is not something that dates from the [territory’s] return, but is merely an old tactic familiar under colonial rule. The “master” status of the people of China’s mainland is so inferior. For our nation to advertise itself as having “socialist democracy” with Chinese characteristics is such an embarrassment.
Not only the average citizen, but even the most senior leaders of the Communist Party have no freedom of speech or press. Recently, Li Rui met with the following circumstance. Not long ago, the Collected Works in in Memory of Zhou Xiaozhou were published, and in it was originally to be included an essay commemorating Zhou Xiaozhou that Li Rui had written for the People’s Daily in 1981. Zhou Xiaozhou’s wife phoned Li Rui to explain the situation: “Beijing has sent out a notice. Li Rui’s writings cannot be published.” What incredible folly it is that an old piece of writing from a Party newspaper cannot be included in a volume of collected works! Li Rui said: “What kind of country is this?! I want to cry it out: the press must be free! Such strangling of the people’s freedom of expression is entirely illegal!”
It’s not even just high-level leaders — even the Premier of our country does not have freedom of speech or of the press! On August 21, 2010, Premier Wen Jiabao gave a speech in Shenzhen called, “Only By Pushing Ahead With Reforms Can Our Nation Have Bright Prospects.” He said, “We must not only to push economic reforms, but must also to promote political reforms. Without the protection afforded by political reforms, the gains we have made from economic reforms will be lost, and our goal of modernization cannot be realized.” Xinhua News Agency’s official news release on August 21, “Building a Beautiful Future for the Special Economic Zone,” omitted the content in Wen Jiabao’s speech dealing with political reform.
On September 22, 2010, (U.S. local time) Premier Wen Jiabao held a dialogue in New York with American Chinese media and media from Hong Kong and Macao, and again he emphasized the importance of “political system reforms.” Wen said: “Concerning political reforms, I have said previously that if economic reforms are without the protection to be gained by political reforms, then we cannot be entirely successful, and even perhaps the gains of our progress so far will be lost.” Shortly after, Wen Jiabao addressed the 65th Session of the United Nations General Assembly, giving a speech called, “Recognizing a True China,” in which he spoke again about political reform. Late on September 23 (Beijing time), these events were reported on China Central Television’s Xinwen Lianbo and in an official news release from Xinhua News Agency. They reported only Wen Jiabao’s remarks on the circumstances facing overseas Chinese, and on the importance of overseas Chinese media. His mentions of political reform were all removed.
For these matters, if we endeavor to find those responsible, we are utterly incapable of putting our finger on a specific person. This is an invisible black hands. For their own reasons, they violate our constitution, often ordering by telephone that the works of such and such a person cannot be published, or that such and such an event cannot be reported in the media. The officials who make the call do not leave their names, and the secrecy of the agents is protected, but you must heed their phone instructions. These invisible black hands are our Central Propaganda Department. Right now the Central Propaganda Department is placed above the Central Committee of the Communist Party, and above the State Council. We would ask, what right does the Central Propaganda Department have to muzzle the speech of the Premier? What right does it have to rob the people of our nation of their right to know what the Premier has said?
Our core demand is that the system of censorship be dismantled in favor of a system of legal responsibility (追惩制).
The rights to freedom of speech and the press guaranteed in Article 35 of our Constitution are turned into mere adornments for the walls by means of concrete implementation rules such as the “Ordinance on Publishing Control” (出版管理条例). These implementation rules are, broadly speaking, a system of censorship and approvals. There are countless numbers of commandments and taboos restricting freedom of speech and freedom of the press. The creation of a press law and the abolishment of the censorship system has already become an urgent task before us.
We recommend that the National People’s Congress work immediately toward the creation of a Press Law, and that the “Ordinance on Publishing Control” and all of the local restrictions on news and publishing be annulled. Institutionally speaking, the realization of freedom of speech and freedom of the press as guaranteed in the Constitution means making media independent of the Party and government organs that presently control them, thereby transforming “Party mouthpieces” into “public instruments.” Therefore, the foundation of the creation of a Press Law must be the enacting of a system of [post facto] legal responsibility (追惩制) [determined according to fair laws]. We cannot again strengthen the censorship system in the name of “strengthening the leadership of the Party.” The so-called censorship system is the system by which prior to publication one must receive the approval of Party organs, allowing for publication only after approval and designating all unapproved published materials as illegal. The so-called system of legal responsibility means that published materials need not pass through approval by Party or government organs, but may be published as soon as the editor-in-chief deems fit. If there are unfavorable outcomes or disputes following publication, the government would be able to intervene and determine according to the law whether there are cases of wrongdoing. In countries around the world, the development of rule of law in news and publishing has followed this path, making a transition from systems of censorship to systems of legal responsibility. There is little doubt that systems of legal responsibility mark progress over systems of censorship, and this is greatly in the favor of the development of the humanities and natural sciences, and in promoting social harmony and historical progress. England did away with censorship in 1695. France abolished its censorship system in 1881, and the publication of newspapers and periodicals thereafter required only a simple declaration, which was signed by the representatives of the publication and mailed to the office of the procurator of the republic. Our present system of censorship leaves news and book publishing in our country 315 years behind England and 129 years behind France.
Our specific demands are as follows:
1. Abolish sponsoring institutions of [Chinese] media [NOTE: This is the controlling organization that exercises Party control over the media], allowing publishing institutions to independently operate; Truly implement a system in which directors and editors in chief are responsible for their publication units.
2. Respect journalists, and make them strong (尊重记者，树立记者). Journalists should be the “uncrowned kings.” The reporting of mass incidents and exposing of official corruption are noble missions on behalf of the people, and this work should be protected and supported. Immediately put a stop to the unconstitutional behavior of various local governments and police in arresting journalists. Look into the circumstances behind the case of [writer] Xie Chaoping (谢朝平). Liang Fengmin (梁凤民), the party secretary of Weinan city [involved in the Xie Chaoping case] must face party discipline as a warning to others.
3. Abolish restrictions on extra-territorial supervision by public opinion [watchdog journalism] by media, ensuring the right of journalists to carry out reporting freely throughout the country.
4. The internet is an important discussion platform for information in our society and the voice of citizens’ views. Aside from information that truly concerns our national secrets and speech that violates a citizen’s right to privacy, internet regulatory bodies must not arbitrarily delete online posts and online comments. Online spies must be abolished, the “Fifty-cent Party” must be abolished, and restrictions on “tunneling/[anti-censorship]” technologies must be abolished.
5. There are no more taboos concerning our Party’s history. Chinese citizens have a right to know the errors of the ruling party.
6. Southern Weekly and Yanhuang Chunqiu should be permitted to restructure as privately operated pilot programs [in independent media]. The privatization of newspapers and periodicals is the [natural] direction of political reforms. History teaches us: when rulers and deliberators are highly unified, when the government and the media are both surnamed “Party,” and when [the Party] sings for its own pleasure, it is difficult to connect with the will of the people and attain true leadership. From the time of the Great Leap Forward to the time of the Cultural Revolution, newspapers, magazines, television and radio in the mainland have never truly reflected the will of the people. Party and government leaders have been insensible to dissenting voices, so they have had difficulty in recognizing and correcting wholesale errors. For a ruling party and government to use the tax monies of the people to run media that sing their own praises, this is something not permitted in democratic nations.
7. Permit the free circulation within the mainland of books and periodicals from the already returned territories of Hong Kong and Macao. Our country has joined the World Trade Organization, and economically we have already integrated with the world — attempting to remain closed culturally goes against the course already plotted for opening and reform. Hong Kong and Macao offer advanced culture right at our nation’s door, and the books and periodicals of Hong Kong and Macao are welcomed and trusted by the people.
8. Transform the functions of various propaganda organs, so that they are transformed from [agencies] setting down so many “taboos” to [agencies] protecting the accuracy, timeliness and unimpeded flow [of information]; from [agencies] that assist corrupt officials in suppressing and controlling stories that reveal the truth to [agencies] that support the media in monitoring Party and government organs; from [agencies] that close publications, fire editors and arrest journalists to [agencies] that oppose power and protect media and journalists. Our propaganda organs have a horrid reputation within the Party and in society. They must work for good in order to regain their reputations. At the appropriate time, we can consider renaming these propaganda organs to suit global trends.
We pressingly represent ourselves, hoping for your utmost attention.
October 1, 2010
Sponsors (23 people):
Li Rui (李锐)– former standing vice minister of the Organization Department of the CCP Central Committee, member of the 12th Central Committee of the CCP
Hu Jiwei (胡绩伟) — former director of People’s Daily, standing committee member to the 7th National People’s Congress, director of the Federation of Chinese Communication Institutes.
Jiang Ping 江 平– former head of the China University of Political Science and Law, tenured professor, standing committee member to the 7th National People’s Congress, deputy director of the Executive Law Committee of the NPC
Li Pu (李普) — former deputy director of Xinhua News Agency
Zhou Shaoming (周绍明) — former deputy director of the Political Department of the Guangzhou Military Area Command
Zhong Peizhang (锺沛璋) — Former head of the News Office of the Central Propaganda Department
Wang Yongcheng (王永成) — Professor at Shanghai Jiaotong University
Zhang Zhongpei (张忠培) — Research at the Imperial Palace Museum, chairman of the China Archaeological Society
Du Guang (杜光) — former professor at the Central Party School
Guo Daojun (郭道晖) — former editor-in-chief of China Legal Science
Xiao Mo 萧 默 — former head of the Architecture Research Center of the Chinese National Academy of Arts
Zhuang Puming (庄浦明) — former deputy director of People’s Press
Hu Fuchen (胡甫臣) — former director and editor-in-chief at China Worker’s Publishing House
Zhang Ding (张定) — former director of the China Social Sciences Press at the Chinese Academy of Social Sciences
Yu You (于友) — former editor-in-chief of China Daily
Ouyang Jin (欧阳劲) — former editor-in-chief of Hong Kong’s Pacific Magazine (太平洋杂志)
Yu Haocheng (于浩成) — former director of Masses Publishing House
Zhang Qing (张清) — former director of China Cinema Publishing House
Yu Yueting (俞月亭) — former director of Fujian Television, veteran journalist
Sha Yexin (沙叶新) — former head of the Shanghai People’s Art and Drama Academy, now an independent writer of the Hui ethnic minority
Sun Xupei (孙旭培) — former director of the News Research Institute at the Chinese Academy of Social Sciences
Xin Ziling (辛子陵) — former director of the editorial desk at China National Defense University
Tie Liu (铁流) — editor-in-chief of Wangshi Weihen (往事微痕) magazine (Scars of the Past).
Song Yue (宋岳) — Chinese citizen, practicing lawyer in the State of New York, U.S.
And in Chinese:
李锐 胡绩伟 等 10月11日,2010
1949年建国，人民欢呼解放了，当家做主了，毛泽东宣布“中国人民从此站起来了。”但直到今天，建国61年，搞了30年改革开放，我们还没有得到香港人 殖民地时代就有的言论出版自由。现在有些参政议政的书籍，要拿到香港出版，这不是回归祖国的福荫，是沿袭殖民时代的旧法。大陆人民的“当家作主”地位实在 太窝囊。国家宣称的有中国特色的“社会主义民主”实在太尴尬。
岂止普通公民，连共产党的高级干部都没有言论出版自由。最近李锐遇到一件事情：不久前《周小舟纪念文集》出版，原来收进了李锐1981年在《人民日报》发 表的纪念周小舟的一篇文章，但出版的书中没有。周小舟夫人打电话向李锐解释：“北京通知，不能用李锐的文章。”连1981年发表在党报上的旧作也不让收进 文集，真是荒唐至极！李锐说：“这算什么样的国家？！我大声疾呼：新闻必须自由！扼杀公民的言论自由是完全违法的！”
岂止高级干部，连国家总理都没有言论出版自由！2010年8月21日温家宝总理在深圳发表题为《只有坚持改革开放，国家才有光明前途》的讲话。谈到“不仅 要推进经济体制改革，还要推进政治体制改革。没有政治体制改革的保障，经济体制改革的成果就会得而复失，现代化建设的目标就不可能实现。”新华社21日通 稿《开创经济特区的美好明天》，把温家宝讲话中政治体制改革的内容删掉了。
2010年9月22日（美国当地时间）温家宝总理在纽约与美国华文媒体和港澳媒体负责人进行座谈，再次强调了“政治体制改革”的重要性。温说：“关于政治 体制改革，我曾经讲过，经济体制改革如果没有政治体制改革的保障，也不会彻底取得成功，甚至已经取得的成果还会得而复失。”温家宝随后在纽约联合国总部出 席第65届联合国大会一般性辩论发表题为《认识一个真实的中国》的讲话，其中也谈及了政治体制改革。9月23日（北京时间）晚间，中央电视台《新闻联播》 以及新华社通稿报导这些活动时，只报导了温家宝谈及海外华人的处境、海外华文媒体的作用等内容，提及政治体制改革的讲话，都被过滤掉了。
这些事情，如果追究责任，绝对查不到具体人，这是一只看不见的黑手。他们自知理亏违宪，通常以电话通知某人的作品不能发表、某事不能见诸媒体。打电话的官 员不留姓名，叮嘱执行者为其保密，但必须执行他的电话指示。这只看不见的黑手就是中宣部。现在是中宣部凌驾于党中央之上，凌驾于国务院之上。试问中宣部有 什么权力封锁总理的声音？有什么权力剥夺全国人民对总理讲话的知情权？
建议全国人大立即着手制定新闻出版法，废除《出版管理条例》和地方当局管制新闻出版的那些条条框框。落实宪法第35条给予公民言论出版自由，从体制上看就 是从党政机关直接控制到媒体相对独立，从“党的喉舌”转变为“社会公器”。因此，新闻出版法的立法基础必须是实行追惩制，而不能再以“加强党的领导”的名 义强化审批制。所谓审批制，就是出版物在出版以前须经党政机关的审查，批准了你才能出版，不批准出了就是非法出版物。所谓追惩制，就是出版物不必向党政机 关报批，总编辑通过了就开印，出版发行完全自由。出版后如有不良后果和纠纷，政府再介入，根据法律判断是非对错。世界各国新闻出版法制的发展，走的是由审 批制向追惩制过渡的道路。无疑，追惩制比起审批制是一个历史性进步，对推动人文科学和自然科学的发展，推动社会和谐历史进步起了伟大的作用。英国早在 1695年即废除了预防检查制。1881年法国废除了预防检查制，报纸、刊物出版前的手续仅仅需要一份简单的声明，由报刊领导人签署，邮寄共和国检察院即 可。我国目前实行的书报审查制度，比英国落后315年，比法国落后129年。
六、允许《南方周末》和《炎黄春秋》改制为民营报刊作为探路试点。报刊民营化是政治改革的方向。历史的教训是：施政者与评议者高度一体化，政府和媒体都姓 “党”，自己搭台唱戏，自己鼓掌喝彩，是很难和民意沟通实现正确领导的。从大跃进到文化大革命，大陆所有的报刊杂志、广播电视，从来没有反映过真实的民 意。党和国家领导人耳边听不到不同的声音，就既难发现、更难纠正正在发生的全局性的错误。执政党和政府拿纳税人的钱办媒体为自己歌功颂德，这在民主国家是 不允许的。
八、转变各级宣传部门职能，由制定多少个“不准”，转变为保障信息准确、及时、畅通；由帮助贪官污吏压制封锁批评揭露的稿件，转变为支持媒体对党政机关发 挥监督作用；由封报刊、撤总编、抓记者，转变为对抗强权，保护媒体和记者。宣传部门在党内、在社会上名声很臭，要做几件好事恢复名誉。在适当的时机，可以 考虑宣传部更名，以符合世界潮流。