Li Bifeng 李必丰: In a Country Like This, We Can Only Hibernate

Li Bifeng,  a Chinese poet imprisoned for his article about a 1989 worker protest.  He got another twelve year prison sentence in 2012 apparently for helping another Chinese writer, Liao Yiwu flee into exile.  Li was arrested three months after Liao Yiwu left China for Germany.  His current prison sentence, now reduced to ten years, means that by the time he leaves prison he will have been a prisoner for twenty-two years.

Liao Yiwu in his foreword to Li Bifeng’s first novel, to be published in Germany during 2017, quotes a passage in which Li Bifeng describes a dream he had: “You are a bird, you have life, but there are other living things in this world as well. For example, the coal that we prisoners suffer so much to dig out of the ground. That too is life. Every time we dig up a piece of coal, we realize deep inside, that what we hold in our hands is not just a lump of coal, much more important is that it is a life. A life that has been buried underground in the darkness for very many years. A long time ago somebody asked me what it is that coal can burn. The reason is simple. That is only because after something has been imprisoned deep underground for a long time, that life can b by sending forth a tongue of burning fire prove its very existence to the world.”

In a Country Like This, We Can Only Hibernate

Li Bifeng

Winter came too soon
Our trees have started to wither
We no longer gave them fertilizer
And so our black hair by years of snow
Freezes slowly turning grey and white
Our skin cracking like the parched earth
Winter has come
We all love to sleep during the winter
Our hearts are tired
Our blood is tired
We sleep beneath the snows
In a country like this
We can only hibernate


李必丰长篇小说《天空的翅膀》德译即将2017在德国出版。住在德国中国作家(也曾经跟他坐牢的同难者)廖亦武在小说的前言引起李必丰的一个反应犯人的心情一个梦:

李必丰在小说中梦呓道:“你是鸟儿,你有生命,但是这世间别的东西也有生命。比如那些我们犯人千心万苦才从地下挖出来的煤炭,它们就有生命,每一次当我拿起一块煤炭时,我的心里就明白,我手里拿着的不仅只是煤炭,更重要的还在于它是一个生命,一个在地底的黑暗之中呆了上万年的生命。有人曾经问我为什么煤炭能够燃,其实这道理很简单,那不过是在黑暗之中囚禁了相当长的时间以后,一个可以发出火苗燃烧的生命向世界作出的证明。”

在這樣的國家,我們只有冬眠

image

李必豐獄中詩歌

冬季過早地來臨
我們的樹木開始乾
我們再也沒有養份去供養
於是我們的黑髮被歲月的雪
凍得漸漸斑白
我們的皮膚像龜裂的田野
冬季來了,
我們都愛冬眠
心臟累了,
血液累了
我們在雪底下冬眠
在這樣的國家
我們只有冬眠

 

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2011: Comment from Woeser’s Invisible Tibet Blog on the Party’s United Front Work Department and Tibet

 

转自唯色博客http://woeser.middle-way.net/2011/11/2011.html

 Woeser’s Invisible Tibet Blog entry of November 24, 2011

 Tibetan Affairs Revealed 2011 (some notes on Tibet work of the Chinese Communist Party’s United Front Work Department)

 http://woeser.middle-way.net/2011/11/2011.html

 http://tibetalk.com/bbs/index.php?all=1305432253

 The Tibetan writer Woeser, in her blog entry of November 24, relayed as a blog entry some information that had been left  as an anonymous comment on her blog.  The comments,  by Wiki Independence (维基让赞让赞是藏语,意为独立)discussed  some aspects of Chinese Communist Party United Front Work Department activities on Tibetan affairs both abroad and within China.  Perhaps this is a kind of Chinese Wikileak?

 Tibetan Affairs Revealed 2011

The Chinese Communist Party has repressed with armed force resistance in the Tibetan areas of China, demonized the spiritual leader of the Tibetan, repressed elite Tibetan intellectuals and greatly increased its propaganda and united front work abroad with these changes:
1. The shadow of the 50-centers [Tr. Note: derisive term for propaganda hirelings of the Party propaganda department, which allegedly pays 50 cents for each party friendly posting attacking party critics. End note] has appeared in Chinese language media in North American and Europe.  They have bought some internet services established by Chinese people in order to make propaganda for China’s Tibet policy and to criticize the Dalai Lama.

2.   The Central Committee’s United Front Work Department regularly sends Tibet experts to the United States, Canada, Australia, and many European countries. Most of these experts are scholars from the China Tibetan Studies Center and leading cadres from the TAR Propaganda Department.  The China Tibetan Studies Center is directly subordinate to the United Front Work Department.

3.  Sending song and dance groups abroad for the Tibetan New Year. The PRC Embassy in Kathmandu has held Tibetan New Year celebrations for several years, last year they added a new program, giving over 100 Tibetan compatriots red envelopes with USD 100 in each envelope. Since 2006, Tibetan performers have been sent to Switzerland every year, exciting protests against them by Tibetans in Switzerland, so they confine their activities to a small area.

4.  Every year groups of Tibetans are organized to travel around China to see the sights, eat and drink.

5.  The Office of Overseas Chinese Affairs (under the State Council) since 2010 has taken part in Tibetan compatriot work, and has send groups to Nepal, Switzerland and other countries to corrupt the Tibetan compatriots.
6.  The All-China Federation of Returned Overseas Chinese invites not only overseas Chinese from various countries but also Tibetans to come back to China to take part in conferences, to be propagandized about China’s Tibet policy and hear criticism of the Dalai Lama and “Tibetan independence”.

7.  It has become harder for Tibetan compatriots living abroad to come back to China to visit relatives. The paperwork for coming back to China is complicated, after filling it out it is necessary to wait for it to be approved in China.  The application goes to the TAR United Front Work Department and is approved only after the local police station determines that the relatives do not have any political background. Then the United Front Work Department issues a TAR permit that makes it possible to travel to the TAR.  This takes at least 3 – 4 weeks and many Tibetan compatriots living abroad have been refused permission to travel to the TAR to see their relatives. There are four units authorized to issue TAR entry permits: the United Front Work Department, the Travel Bureau, the Commerce Bureau and the Foreign Affairs Bureau (that is the TAR Foreign Affairs Bureau).

8.  Thirteen Tibetan compatriots living abroad participated in the TAR’s “Celebration of the Sixtieth Anniversary of the Peaceful Liberation of Tibet”.  Five were from Switzerland, two from Nepal, one from Australia, one from Sweden, two from the UK, one from Italy, one Tibetan just returned to China.  I won’t mention the names here.

9.  The All-China Federation of Returned Overseas Chinese is in name a civic organization but it is really an arm of the United Front Work Department. Since 2007 it has been charged with doing the Party’s propaganda work on Tibet. It has already been determined that there are eight secret members among Tibetan compatriots in foreign countries: two in Switzerland, one in Nepal, one in Taiwan, one in the United States, one in Germany, one in the UK, one in Italy.   I won’t mention their names here.

10. The State Council Overseas Chinese Affairs Office has a new initiative, setting up a foundation for Tibetan compatriots so as to persuade them to come back to China to study Chinese. This year there are two Tibetan compatriots who returned from abroad to study Chinese — one is in Chengdu, one is in Kunming.

11.  The United Front Work Department has sent people as PRC diplomats to those countries where there are larger numbers of Tibetan compatriots. They have special funds at their disposal and are not under the guidance of the Ministry of Foreign Affairs.  Most of these officials are Tibetans.  The United Front Work Department, the Ministry of Foreign Affairs and the Central Committee’s Propaganda Department do not cooperate in their Tibetan work. Currently, the United Front Work Department has two people in New Delhi, one in Djakarta, two in Kathmandu, one in New York, one in Zurich, and one in Ottawa. I won’t name them here.

12.  Since March 14, 2008, all the telephones in the Tibetan areas have been monitored. The security departments have installed advanced equipment that detects certain key words in the Tibetan words. If these words appear in a conversation, the equipment automatically sends an alert to the security departments that can then refer to the recording. Dissidents and suspected people are subject to 24 hour telephone monitoring. Some of the key words are Dalai Lama, freedom, independence, organize, India, Dharamsala, explosion, gun, fire, gunpowder etc.

13.  In the Tibetan areas, issuing ordinary passports to Tibetans has stopped. There is a strict policy on the issuance of passports to Tibetans travelling abroad on official business.  Since March 14, the issuance of long term residence permits to Tibetans living abroad has essentially halted. It has been determined that two were issued — one to Tagelin of Nepal, who is a relative of TAR Deputy Chairman Jiari and the other to a Genduo “Rinpoche” who is a close friend to the “Living Buddha” Papola.

14. The Deputy chief of the TAR United Front Work Department is an ethnic Tibetan named Suolang Renzeng. In August 2010, he invited to dinner several Tibetans who had come to the TAR to visit relatives. Every time he gives people his spiel: contrasting the present happy time with the misery of the old days, opening and reform, the excellent situation in Tibet today, the wolves of the “Dalai clique”.  The Tibetan compatriots talked about what the Dalai Lama does and says overseas and remarked that that is very different from what you just said.  You really should go abroad and have a talk with the Dalai Lama yourself. Direct contact can clear up many misunderstandings. Before the dinner was over, the deputy chief, very angry, pounded the table and walked away.

 One year later, in August 2011, Deputy chief Suo invited to dinner three of the Tibetan compatriots who were participating in the sixtieth anniversary celebration. What he said was almost completely the same as what was printed in the Tibet Daily.  After reciting the propaganda spiel by heart, he asked the Tibetan compatriots to speak. Once again, they disagreed. They said that they (1) disagreed with the criticism of the Dalai Lama; (2) they came to participate in the celebration as individuals and do not represent anyone and cannot represent him; and (3) only allowing me to return to Lhasa but not to return to my native place is a violation of the policy that you just stated. This time Deputy Chief Suo didn’t pound the table so as not to harm the atmosphere of the 60th anniversary celebrations. He just made a half-smile and raised a glass in toast.

15. Due to the recent successive self-immolations of monks and a nun, to use the words of the government, many Tibetan areas are on a first level combat alert.  Workers at different bureau take turns on 24-hour duty and guards and public security presence on important roads has been increased. There are plainclothes police throughout Lhasa and more plainclothes police than tourists on the Barkor. If someone dies, it is hard to find monks to perform a service since the monks are under tight control.

16.  According to reliable information in the TAR Travel Bureau, when several years ago the Chinese Travel Service in Switzerland set up its first office, Beijing asked that a reliable Tibetan cadre be stationed there. After due consideration, it was decided that Cairang Dongjiu, a member of the party organization department of the Lhasa City Travel Bureau Party Committee would be sent.  He was known for his advanced ideological position, was a party member, did his job well, and spoke Tibetan, Chinese, English and German. It was decided that after four years that another person would take his place and cadres were chosen in reserve. However, after three years, Cairang Dongjiu vanished. This made a big impression at the time. Several months later it was found that he had taken his younger sister, who had come from Beijing to “visit relatives” along with him to France and “traitorously ran away” to France where he got political asylum. After this, the travel office didn’t dare to send any more Tibetan cadres abroad. The foreign assignments of the two cadres were cancelled. Now one of them works in Lhasa and the other in Beijing.

17.  TAR leading officials and their sons and daughters take bribes and interfere in the proper operation of government affairs. About 20% – 40% of the “assist Tibet” funds are stolen. Corrupt officials and businesspeople even stole all the funds for a small agricultural project of the Agricultural Science Committee. The next year, when the accountants looked at the accounts, it was just a formality of making a bribe and sending along some documents.  Later nobody looked into the matter.

 In Chengdu, there are many companies that are involved in writing up documents for various TAR development projects and make a fortune doing it. The fee for writing documents for a project depends upon the size of the project. The fee for a 2 million RMB project is about 40,000 RMB.  There is no need to go to the TAR — just give the company some figures and place names. Just a few days later you will have a planning document full of graphs. Writing a project document is the first investment that an unscrupulous merchant makes.  Then he takes the project document and goes to bribe some officials or their sons and daughters.  The standard price is 20% of the value of the project.  If there is competition, it will be higher.  Sometimes it will be necessary to go through some intermediaries.  That bumps the price up, too.

18.  The security services often send people to Kathmandu on business. They know Kathmandu well, it is said that their gathering place is a certain bookstore in Bodaha.

19.  The secrets revealed above are very solemn secrets, please everyone take them seriously. Before I end this series, let me tell you a not so solemn secret. A secret of the sky burial site.  As everyone knows, when a corpse is being cut up, in the old days the vultures would circle overhead and descend only when they hear the order of the sky burial attendant. Now things are different.  Every vulture has a name and they are called down one-by–one. It is enough to make you laugh so hard that your teeth fall out. The names are Tibetan names like Redi, Basan, Pengcuo, Dorje, Tanzen, etc. But the vulture with the sharpest cry is called Caidan Drolma [Note: Famous singer and now vice chair of the TAR People’s Consultative Congress. ]  You don’t believe me?  Go to the Lhasa Sky Burial site and see for yourself, this is absolutely true.

维基让赞:藏事解密2011(一)

唯色注:一位介绍自己是“维基让赞”(“让赞”是藏语,意为“独立”)的博巴(藏人)网友,近日在我博客上以为题,连续留言许多。今日留言要暂告一段落,下次继续。

这里先将已发布的留言整理、归结为一篇帖子,发在我的博客上。

藏事解密2011

中共在国内武力镇压各藏区内的反抗活动、妖魔化精神领袖、迫害西藏的精英知识分子的同时,大大加强了在国外的宣传工作和统战工作,有以下变化:

1、在欧美中文媒体上出现了五毛党的阴影,收购了某些华人办的网络业务,宣传中国共产党的西藏政策,批判达赖喇嘛。

2、中央统战部定期向美国、加拿大、澳大利亚和欧洲多国派藏学专家进行演讲和宣传,这些专家大多是北京中国藏学中心的学者和西藏宣传部门的骨干。藏学中心是统战部下属单位。

3、派歌舞演出团进行藏历年慰问演出。尼泊尔中国使馆多年来举办藏历年联欢,从去年增加了新项目,被邀请的一百多藏胞每人有红包,内装100美元。自2006年每年藏历年派演出团去瑞士,受到当地藏胞的反抗,仍不惜代价在小范围内活动。

4、每年组织藏胞参观团到国内游山玩水,吃喝玩乐。

5、国侨办(即国务院侨务办公室)自2010年参与藏胞工作,派团到尼泊尔和瑞士等国进行腐化藏胞工作。

6、侨联(即中华全国归国华侨联合会)在国内邀请各国华侨的同时邀请个别藏胞回国参加会议,宣传西藏政策,批判达赖喇嘛和“藏独”。

7、藏胞回国探亲难上加难,一般藏胞回国手续复杂,填表申请后要等国内批准,申请表要发到西藏自治区统战部,经当地派出所确认家属无政治背景后才准许,统战部再发一个进藏许可证,这样才能探亲回家,最快要3到4周时间,目前很多藏区已禁止探亲。国内有权颁发进藏许可证的单位有四个:统战部、旅游局、商务厅和外办(即自治区外事办公室)。

8、参加西藏自治区“和平解决60周年大庆”的国外藏胞有13位。他们来自瑞士5名、尼泊尔2名、澳大利亚 1名、瑞典1名、英国2名、意大利1名、境内回国藏胞1名,不在此点名。

9、中华侨联(即中华全国归国华侨联合会)名义上是民间组织,确是不折不扣的统战部门的延伸手,自2007年也在做西藏的党宣工作。在海外发展秘密藏胞会员,已确认的有8名藏胞,他们来自:瑞士2名、尼泊尔1名、台湾1名、美国1名、德国1名、英国1名、意大利 1名。不在此点名。

10、国侨办(即国务院侨务办公室)有新动作,准备成立专项藏胞基金,鼓励藏胞回中国学习中文,今年有两名青年藏胞送到国内学习中文,一名在成都,一名在昆明。

11、中央统战部在海外藏胞居住较多的国家都派有人员,以外交人员的身份进行工作,他们有专门的小金库,不受外交部管理,这些官员大多是藏人。统战部、外交部和中宣部之间在涉藏工作上内部不和。目前统战部在以下国家有工作人员:新德里2名、加尔各答1名、加德满都2名、纽约1名、苏黎世1名、渥太华1名。名单不在此公开。

12、自3.14后藏区各地的电话完全被监听,安全部门已引进先进仪器,仪器内输入有藏语的关键字和词,谈话中如果出现关键字词,仪器会自动提示,安全部人员可以调出讲话录音。对异议人士和怀疑对象的电话进行24小时人工监听。。关键词举例:达赖喇嘛、自由、独立、组织、印度、达兰萨拉、爆炸、枪、火、火药等等等等。

13、目前西藏自治区范围内对所有藏人停办了普通护照,对因公出国的藏人进行严格的政治审查。自3.14后,基本停办了国外藏胞在藏区长期居留证的办理。已确认的只有2人获得居留证,一个是尼泊尔的塔格林,他是副主席甲日·(拉鲁家族)亲戚,一个是瑞士的根多“仁波切”,他是帕巴拉“活佛”至交。

14、西藏自治区统战部有位叫索朗仁增的藏族副部长,在2010年8月设宴款待了当时在拉萨探亲访友的几位海外藏胞,他讲话每次都是一个程序:忆苦思甜,改革开放,西藏大好形势,狠批“达赖集团”。有位藏胞给他讲了达赖喇嘛在国外做些什么,谈些什么,和他宣传的出入很大,希望他能亲自去见见达赖喇嘛,直接沟通会解除误会,酒宴还没有结束,副部长像是很生气的样子,拍了桌子就走了。一年后,2011年8月,索副部长在拉萨设宴款待3个参加60大庆的藏胞,演讲和西藏日报差不了几个字,宣传稿子背完之后要求大家发言,又有藏胞提出异议:(1)不同意对达赖喇嘛的批评;(2)他来参加大庆,只代表他自己,别人也不能代表他;(3)只让我来拉萨,不让我回自己出生的老家,已违反了刚才宣传的政策。可这次索副部长不敢拍桌子了,怕破坏了大庆的喜气,只能半笑着举杯。

15、由于近来僧人自焚事件的连续发生,按政府的语言,很多藏区处在一级战斗准备。各机关单位的工作人员轮流值班,增加了保安,各交通要道有武警把守。拉萨市内到处是便衣警察,八廓街的便衣警察比外来游客还多。如果哪家有人去世,很难请到喇嘛作法事,因为他们已被完全控制。

16、旅游局内部可靠消息:多年前国旅在瑞士首次设立办事处时,北京要求安插一个可靠的藏族干部在里头,经多方研究,决定让拉萨市旅游局党组成员次旺东久去瑞士,他平时思想上进,党员,业务好,还懂藏文、汉文、英文和德文。本来决定4年后换另一个藏族好干部,并选好了2个后备干部,可是第3年次旺东久在瑞士突然失踪,当时反响很大,几个月后才得知,他带着从北京来探亲的妹妹“叛逃”去了法国,在法国获得政治难民。此后办事处再不敢派藏族出去,那两名后备干部被通知取消了出国计划,现一人在拉萨工作,一人被调到北京。

17、西藏执政官员及他们的家属子女贪赃枉法。援藏项目不论大小基本上有20%至40%被人贪去了,甚至连农科委的一些农业小项目都敢被贪官和奸商全额占去,第二年来审查时只是走个过程,给点钱,交个文字材料就了事,此后再也没有人来审查。成都有好几个公司专门从事写西藏各种建设项目书而发财,写一个项目计划书的收费标准是按照项目大小不等,立一个两叁百万的项目,收费约4万左右,人家根本不需要到西藏实地考察,你只需给他一些数据和地名,没几天就给你送一本厚厚的、图文并茂的计划书。写项目书是奸商的第一笔投资,然后拿着计划书去贿赂官员或者其子女,公认的明价是项目的20%,有竞争时更高,有时要通过中间人,再多花一些钱。

18、安全厅经常派人去加德满都出差,他们很熟悉那里的情况,据说在博达哈有一小书店是他们的聚点。

19、以上解密内容都很严肃,让大家费神了。最后在本期系列结束之前,再告诉大家一个轻松的秘密——天葬台的秘密:大家都知道,尸体在被肢解时,秃鹰已在天空盘旋,以往秃鹰听到天葬师的口哨后一拥而下,可现在不同往日,每个秃鹰都有名字,一个个听到名字被叫后飞下来,真让我都快笑掉了牙,还都是藏族的名字,热地、巴桑、平措、多吉、丹增、等等……那个声音最尖的叫才旦桌玛。不信吗? 去拉萨天葬台看看吧,千真万确。

Posted in Foreign Relations 外交, Society 社会 | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

Chun Wong’s HK Film “Mad World” 《一念无明》

July 14, 2017 at the Museum of American History we saw the Hong Kong film “Mad World” 一念无明 by the Hong Kong first time director 28 year old Chun Wong. The film portrays a stockbroker with bipolar mental depression disorder and his father and the reaction of the people around him to his mental illness after he is released from a mental hospital.

Chun Wong was at the showing to answer questions after the showing. He said that he got a grant to do the film from the HK government although they did not have creative control. He shot the film with two top HK actors in just 16 days on a low budget. He commented that censorship is getting worse in Hong Kong, although not as much as in film as in other areas. He said that constraints on filmmakers are largely due to their increasing dependence on mainland China investors to finance film productions. The film is in the Cantonese language with both Chinese and English subtitles.

1492943753-2648284925Chun Wong answered a question about the meaning of the Chinese title of the film — 一念无明 in a question after the film. Wong said that the title is more meaningful than the English one “Mad World” — although the madness of the world is one aspect of the world reflected in the film. The title has several meanings, including the literal meaning of “ideas not being clear’ but also that people often have great difficulty grasping the viewpoints of other people.

Certainly this film and its meditation on mental illness and society deserves a wider audience. US audiences usually don’t like subtitled films though.

About six other HK films will be shown at the American History Museum through August 6th. Free courtesy of the Hong Kong Economic and Trade Office in DC so you can’t beat the price!   A Smithsonian website has the schedule of Hong Kong films being shown through August 6 at http://www.asia.si.edu/events/films.asp

2017 Hong Kong Film Festival

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Chinese Political Scientist on the PRC Military Command and Political Commissar System

 英文翻译摘要:《中华人民共和国政治制度》第11章 国家军事制

Summary translation of Chapter 11 The State Military System in Pu Zhiqiang’s The Political System of the People’s Republic of China

Chapter 11 The State Military System

Pages 369 – 392 of the Political System of the People’s Republic of China

[Zhonghua Renmin Gongheguo Zhengzhi Zhidu] Chief Editor Pu Xingzu, Shanghai, 2005, Shanghai People’s Publishing House. ISBN 7-208-05566-1]

Summary translation. Sections 3-2, 3-3, and 3-4 are translated in full.

Chapter 11 is divided into four sections:

Section 1 Overview

1-1. Formation and Development of the Peoples’ Military System

1-2. Formation of the People’s Armed Forces [Renmin Wuzhuang Liliang]

(The PRC People’s Armed Forces consist of PLA active duty, PLA reserves, the Peoples’ Armed Police, and civil guard organizations [minbing].)

      1. The tripartite system
      2. The PLA
      3. The Peoples’ Armed Police
      4. The civil guard organizations
    1. The Chinese path of to creating a strong military [jingbing zhi lu]

(Summary: Since the third session of the Eleventh Congress of the CPC (1978) China has had a policy of opening and reform that makes different demands on the armed forces. In 1985, under the leadership of the Central Committee of the Communist Party and the Central Military Commission of the Central Committee, the PLA changed from being constantly prepared to “hit early, strike hard and to fight a nuclear war” to developing the military in an era of peace. The PLA reoriented itself to modernization, improving its fighting ability, and to become a more elite force. Jiang Zemin in 1990 called on the military to “Meet political standards, be militarily competent, have a good working style, adhere strictly to discipline, and adequate logistic support” (zhengzhi hege, junshi guoying, jilu youli, baozhang youli). Deng Xiaoping stressed that the PLA needed to focus more on quality than on quantity. The decision of the Chinese government in 1985 to reduce the size of the military by one million was completed by 1987. Staffing in military leadership organizations was cut by about 50%. During the Ninth Five Year Plan (1996 – 2000) the PLA was reduced by another 500,000. The PLA is also to have reduced by another 200,000 by 2005. The PLA is developing into a more elite force focusing on increasing mechanization and informatization so as to be able to fight and win a modern war. )

Section 2 The Military Leadership System

2-1 The Central Military Leadership System Jointly Established by the Party and the State

Summary: The Communist Party of China created and leads the People’s Liberation Army. After the PRC established in 1949, the PLA also became a state military. The state military system inherited and upholds the principle of the Communist Party’s absolute leadership over the people’s armed forces. The Party and the State jointly established the Central Military Commission that carries out the task of supreme military leadership over the armed forces. The 1954 PRC Constitution provides that the State President directs [tongshuai] the armed forces and made the State President the chair of the Defense Commission (the Defense Commission is an advisor body, it does not lead the armed forces). On September 28, 1954, the Central Committee of the Chinese Communist Party re-established the Central Military Commission as the leader of the PLA and the people’s armed forces. From that time onwards, the system of joint system of Party and state military leadership was established. The Central Committee of the Communist Party leads in all military affairs. The State President directs the state military forces and the development of the military forces managed by the State Council.

In December 1982, the fifth National People’s Congress revised the State Constitution to provide that the State Central Military Commission leads all the armed forces of the state. The chair of the State CMC is chosen and removed by the full NPC while the other members are chosen by the NPC Standing Committee. However, the CMC of the Central Committee of the Chinese Communist Party remained the Party organization that directly leads the military and all the other armed forces. In actual practice, the Party CMC, after consultation with the democratic parties, proposes the names of the State CMC members of the NPC so that these people after going through the legal processes can be elected by the NPC to the State Central Military Commission. That is to say, that the CMC of the Central Committee and the CMC of the State are one group and one organization. However, looking at it organizationally, these two CMCs are subordinate to two different systems – the Party system and the State system. Therefore the armed forces are under the absolute leadership of the Communist Party and are also the armed forces of the state. This is a uniquely Chinese system that ensures the joint leadership of the Communist Party and the state over the armed forces.

Fundamental Principles of the Military Leadership System

The Chinese Communist Party exercises absolute leadership over the military. That is the clear characteristic and fundamental principle of the Chinese military leadership system. ….

Benefiting from over seventy years of experience in developing the armed forces, the Chinese Communist Party a leadership system and work system for the armed forces. In order to ensure the absolute leadership of the Communist Party over the armed forces, a basic system to uphold the leadership of the Communist Party is necessary. These include concentrating the leadership and command authority over the military in the Central Committee of the Chinese Communist Party and in the Central Military Commission. Every level of Party committee in the military forces implement the principles of democratic centralism, the division and higher levels establish political commissars and political organizations, and ensure that the branch organizations are in line [jianchi zhibu zai lianshang]. These systems melded the Party organization with the military organization in order to achieve the Party’s leadership and administrative leadership. This is the key and guarantee to the absolute leadership of the Party over the military.

    1. Leadership Organizations in the Military and their Functions

The Central Military Commissions of the Party and the State are the supreme leading organizations of the national armed forces. The Central Military Commission carries out its responsibilities according to the authority given to it by the Constitution and National Defense Law. According to overall strategic plans, tactical tasks, the degree of modernization of the military, and the administrative divisions of the state, the PLA general staff departments [zongbu jiguan] the leadership organizations of the various military services, and the military region leadership organization.

The PLA general departments are composed of the General Staff Department, the General Political Department, the General Logistics Department and the General Armaments Department [GAD, sometimes translated as General Equipment Department]. … The CMC exercises leadership over the military regions, the Navy and the Air Force and the Second Artillery through the four general departments. Within a military region, the three service branches are coordinated in the battle operations [zuozhan xingdong] under the unified command of the military district. The Second Artillery is however under the direct leadership of the CMC. The army units in a military region are under the leadership of that military region. The navy and air force troops in a military region are under the joint leadership of the military region and their service branch.

2-3-2 Leadership Organizations of the Military Services

On November 11, 1949 the Air Force leadership structure was established and the Navy leadership the following April. In 1950 the leadership structures of the artillery, armored troops, air defense troops, public security forces, and worker – soldier militias were also established. Later were established the leadership organizations of other forces such as the chemical warfare defense forces [fang huaxue bing], the railroad forces [tielu bing], the communications forces, and the second artillery [di er paobing].

The leadership of each type of military force is under the leadership and management of the corresponding part of the Central Military Commission (CMC) of the Chinese Communist Party Central Committee. Forces under each military branch or force such as subordinate forces, academies and schools, scientific research and engineering institutions, logistical support organizations etc. are also under the leadership of the CMC. This arrangement has been especially useful as China has over the past several decades moved increasingly towards military organizations composed of forces from more than one military branch. In September 1982, in order to meet the needs of military modernization and to improve coordination in the command of forces including multiple service branches and to strengthen unified command of the military, the CMC ordered that the leadership organization of the various military branches be abolished. The PLA now has Air Force, Navy and Second Artillery leadership organs.

In 1986, the People’s Armed Forces Department, except in some border regions, was put under the joint leadership of the PLA and the local authorities. Although the local Party organizations paid close attention to the People’s Armed Forces Department, as a result of some practical problems, the CMC decided that after April 1, 1996 the People’s Armed Forces Department [Renmin Wuzhuang Bu] will be under once again be under the PLA.

Section 3 The Political Work System [in the PRC Military]

3-1 The lifeline of the People’s Military

The political work system of the People’s Liberation Army implements the absolute leadership of the Communist Party over the military. It is a fundamental guarantee of the strengthening and maintenance of military’s ability to fight and is the lifeline of the people’s military. Already in 1929, the Chinese Communist Party Central Committee gave this instruction to the Fourth Route Red Army: the lifeblood of the Red Army is political work. ….

From the very beginning Communist Party members such as Mao Zedong established political work in the military in response to the needs of China’s national revolutionary struggle and to the needs of developing the military. Party organizations were established in each level of military organization, Party representatives were named, the old system of military authority was ended and a new relationship established between officers and soldiers. ….

3-2 The Party Committee System

All PLA units at the division level and above periodically call together a Party committee composed of committee members elected by the various lower level [military] Party committees of subordinate levels of the unit. The Party standing committee and the Party committee are the Party’s leading organs at each level of military organization. The Party standing committee, which operates when the Party committee is not in session, exercises unified leadership over the work of the unit. At the regimental level and in organizations at the regimental level, party grassroots committees are established. At lower level units party branch committees are established and at the squad and platoon level, there are also party subcommittees [dang xiaozu].

The party committee system is the result of the long experience of the Chinese Communist Party in exercising leadership over the military during the long revolutionary struggle. In May 2004, the CMC issued the “Chinese Communist Party Military Committee Work Regulations (Draft)”. These are the first regulations that focus on establishing a framework for party committee work in the military since the founding of New China. These regulations are the foundation of all the work done by communist party committees at various levels in the military. These regulations thoroughly implement the important ideology of the “Three Represents” and the spirit of the Sixteenth CPC Party Congress. The regulations, based on the Communist Party Charter and the “Political Work Regulations”, make full use of the traditional and lessons learned in Party work throughout the military over the years. The regulations clearly define the guiding ideology, principles, work responsibilities, procedures, system etc of Party political work in the military.

Under the “Party Committee Work Regulations” currently in effect, Party committee members at each level of Party organization in the military must uphold the principle of democratic centralism and diligently carry out the tasks of the command division of labor responsibility system set by the collective leadership of the Party Committee.

Specifically, this means:

  1. The Party committee exercises unified command over the unit. All important decisions must be discussed and decided by the Party Committee. In an emergency, the military commander can take provisional measures but afterwards must promptly report to the Party committee and accept their investigation.
  2. Uphold collective leadership. All important issues must be democratically discussed and then decided upon collectively by the Party Committee. The Secretary and the Committee members have equal privileges. One individual acting along may not make the decision or alter the decision of the Committee.
  3. Once the Party Committee has made a decision, it will be implemented according to the command division of labor responsibility system. If the decision has to do with military matters, the military commander will be responsible for implementation. If the matter has to do with political work, committee members will be responsible for organizing and carrying out the decision. The military commander must follow the leadership of the Party Committee, carry out the decisions of the Party Committee, and vigorously carry out responsibilities. The Party Committee and the military commander should work together closely and support one another. The Party Committee must put the military commander under collective leadership and, at the same time, respect the authority of the commander, and encourage the commander to exercise those responsibilities vigorously and to take the initiative.

Putting into practice the command division of labor responsibility system requires the implementation of the Party meeting system, the Party work report system, and the Party committee member democratic life meeting system. The Party Committee has two parts: the full committee and the standing committee. The standing committee decides on the daily matters of the military unit. The full Party Committee meets once or twice annually and has special meetings when needed. The standing committee makes periodic reports to the full committee at its own level and at the next higher level. The work report is ordinary drafted by the party committee secretary and vice party committee secretary. The party democratic life meeting generally is held during the meeting of the standing committee although sometimes during the meeting of the full committee. The Party democratic life meeting must be held at least twice annually. The meeting is usually held when work is being summarized at the mid year and at the end of the year, although it can be held at other times as needed.

    1. Political Commissar System

PLA units of division level or above or other units equivalent to the division (tuan) level or above, and as necessary PLA units at the regimental (ying) level or above or other units equivalent to the regimental level or above, shall designate a political commissar. At the regimental level or equivalent will be designated a political educator (zhengzhi jiaodaoyuan), at the regiment there will be designated a political guidance officer [zhengzhi zhidaoyuan]. These are the component parts of an important system for carrying out political work in the military – the political commissar system. The political commissar system is an important system that ensures through administrative work the absolute leadership of the Party over the military.

A political commissar must have been a Party member for five years or more. In military administrative work at that level, the political commissar and the military commanding officer at that level are both commanders of the unit. Under the leadership of the Party committee at the level, the two are jointly responsible for every aspect of the work of their unit. The political commissar is directly subordinate to the command of the unit at the next higher level. In political work, the political commissar is subordinate to the political commissar and to political organizations at the next higher level. In military affairs, the political commissar is subordinate to the military commander and to military organizations at the next higher level. The political commissar handles daily work on behalf of the Party committee. The political commissar concentrates on organizing and leading political work, ideological work and party development work in the military unit as well as all political aspects of aspects of military work including coordinating the work of various military organizations at the same level which organize the direct warfare, leading the work of ensuring the proper execution of warfare tasks, and training. The political commissar ensures that the unit carries out the tasks assigned to it by higher authority and countersigns each order with the military commander at the same level. When the political commissar and the military commander cannot come to agreement on an issue, they should pass the issue to the Party committee to discuss and decide or ask that the next higher command level decide. In an emergency, the military commander will decide military matters while the political commissar will decide political matters. However both are still responsible to the Party committee and to higher authority. In this case, they must made a report after the fact and accept the enquiry into the matter.

The regimental political teacher and the company (lian) political guidance officers are jointly with the military regimental and company commanders the commanders of their units. They are under the joint command of the commander and the political organization at the next higher level as well as the regimental or company Party branch at the level of their unit. They are jointly responsible for every aspect of the work of the regiment or company. They concentrate on organizing and leading political work. They carry out, according to their level, the daily work of either the regimental level Party committee or to the company level Party branch. Political guidance officers [zhengzhi jiaodaoyuan] must have been members of the Communist Party for at least three years. A political instruction officer [zhengzhi zhidaoyuan] must be a full member of the Communist Party.

3-4 Political Organization System [Zhengzhi Jiguan Zhidu]

The People’s Liberation Army establishes a political section at the division level and in all units equivalent to the division level and establishes a political department at the corps level and all units equivalent to the corps level as well as a political department for the entire PLA. The political organization system is a system established by the Communist Party to carry out the political and organizations work of the Party within the military.

The political organization is the Party’s organization for carrying out work within the military. It is the leading organization for carrying out the Party’s work in the military and for leading political work. Within the political organization ordinarily establishes departments on organization, cadre, propaganda, guard, culture, relations with the public (qunzhong), liaison, and secretariat. The state also established in the general political department, the political departments of each military region, in the navy, air force, provincial military and other units military courts and military prosecutorial units [jianchayuan].

The general political department is the highest political organization in the military and carries out its work under the direct leadership of the Central Committee of the Chinese Communist Party and the Military Commission of the Central Committee (aka Central Military Commission CMC). The general political department and all the political organizations below it carry out there work under the leadership of the political organization above it and the party committee and political committee at the same military level. The most important tasks of the political organizations at all levels is, according to decision, orders and instructions from higher levels and the decisions of the Party committee at the same level, according to the fundamental tasks and topics of political work in the military in the new period, depending upon the specific situation of the unit, to establish a political work plan, make arrangements for carrying out various kinds of work, lead the troops in studying Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, carry out education on the basic line of the Party, foster the development of socialist spiritual culture, develop the Party, cadres and troops. These tasks include making surveys and research in order to summarize and build upon experience, and to see to it that the Party line, overall direction and policies as well as the State constitution and laws are carried out in the military. As a result of long experience, a system and norms have already been established which define the nature, position, organization etc of the political organization in the military. The “The Chinese People’s Liberation Army Political Work Regulations” have clear stipulations on these points. The establishment of the political organization of the PLA ensures that the Chinese Communist Party has a reliable organization for its work in the military.

Section 4 Military Service System

    1. The “Two Combines” [Draftees and Volunteers] Military Service System
    2. The Officer and Soldier Active Duty System
    3. The Cadre System and the Officer Military Rank System
    4. Civilian Guards and Reserve System
    5. Military Education System and National Defense Mobilization System

 

浦兴祖的书《中华人民共和国政治制度》我喜欢。因为很难拔脱美国资产阶级的政治思想,这本很有系统地介绍中国政治制度包括它的核心– 中国独特的一个党独大的人民民主的专政–给我的启发相当大。因为我80年代初在台湾住了三年,我注意到中共的军事制度很像国民党  — 不是国家军而是执政党的军队,有政治委员制度 — 国民党,共产党都是从苏联的红军与20年代初共产党国际派到中国的军事顾问学的。下面我写这本书的第11章 国家军事制度英文翻译摘要。 高大伟

《中华人民共和国政治制度》

著者:浦兴祖

编译者:

丛书名:

出版社:上海人民

本书全面、系统、客地阐述了中华人民共和国政治度,王邦佐先生作序,涉及民代表大会度、各级人民代表大会、选举制度元首制度、政制度、公务员制度、各级政府、司法制度、军事制度、国家结构制、民族区域治制度、特别行政区制度、政治协商制度等各项内容。主编浦兴祖生则是国内最早开展当代中国政治制度教学研究的、目前在国内外颇有影响的学者。本印次属上一印次基础上的修订,对书中内容作了较多的增删,体了与时俱进的精神。

浦兴祖 1945年12月生,祖籍浙江嘉善。复旦大学国际关系与公共事务学院教授、上海市政治学会常务理事、上海市公共行政教学研究会副理事长、上海市人大常委会决策咨询专家、中央社会主义学院政党制度研究中心学术顾问,系中国恢复政治学学科后,在此领域潜心教研的第一批学者之一,是当代中国政治制度研究领域的拓荒者之一。主要著述有:国内第一部《当代中国政治制度》(主编,上海人民出版社,1990年);香港三联书店版《中华人民共和国政治制度》(主著,1995年);上海人民出版社版《中华人民共和国政治制度》(主编,1999年);复旦大学出版社版《当代中国政治制度》(主编,1999年)。此外,还主编或参撰《当代中国行政》《西方政治学说史》等著作或教材10余部,发表论文近百篇。主要成果被许多重点高校指定为教材或“考研”…

作者作品:

· 《中华人民共和国政治制度》

初版序言

导论

第1章 人民代表大会制度

第2章 全国人民代理大会

第3章 地方各级人民代表大会

第4章 选举制度

第5章 国家元首制度

第6章 国家行政制度

第7章 国务院

第8章 地方各级人民政府

第9章 国家公务制度

第10章 司法制度

第11章 国家军事制度

第12章 国家结构制度

第13章 民族区域自治制度

第14章 特别行政区制度

第15章 人民直接参与制度

第16章 中国共产党领导的多党合作制度

第17章 中国共产党组织体系与主要制度

第18章 中国各民主党派组织体系与主要制度

第19章 政治协商制度

参考书目

后记

重印附言

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Chairman Mao’s Poetry Classnotes Auctioned Off

Art Daily recently carried a story Rare handwritten notes by Chairman Mao of the utmost rarity on the international market

LONDON.- A remarkable collection of handwritten notes by Chairman Mao, of the utmost rarity on the international market, will be offered for sale for the first time at Sotheby’s on 11 July 2017. Dating from 1975, they reveal Mao’s continuing interest in and engagement with Classical Chinese Literature, a constant love throughout his life, even as his heath declined in his final years. 

The unique manuscript notes are the fruits of meetings between Mao and Di Lu, a classical Chinese scholar from Mao’s native Hunan, in the final year of his life. “

With failing sight and increasing difficulty in articulating words, he had begun to find himself cut off from the cultural traditions that held such deep meaning to him. Thus, The Party Central Committee was tasked with finding someone who could read classical works to Mao, and Di Lu was brought to see Mao. 

The article included a photo of one of the pages of notes Mao made in class.

I took a stab at reading Mao’s handwriting in the picture that accompanied the Art Daily photograph.

mao-2

The first four characters are at the start of a poem.  Maybe the three dots after it are etc. etc.

风急天高  The winds blow furiously and Heaven is high…

Sound like something Mao would like! Mao’s poems tended to dramatic story stuff like Snoopy’s “It was a dark and stormy night….   Mao was eccentrically idealistic for a materialist communist.  This makes me think back to my Chinese textbooks, published in Beijing in 1970, that had several of Mao’s most famous essays, including “In Memory of Norman Bethune” and several of Mao’s poems including “Nothing is Possible if You Dare to Scale the Heights“.   We learned about Lei Feng and other revolutionary heros.  Much of the vocabulary was what I would have needed to become a Red Guard.  Nothing like learning how to saw “Long Live the Great Proletarian Cultural Revolution”, “Down with the Kuomindang Reactionary Clique!” and “Long Live Chairman Mao” in your second and third year readers. The vocabulary  introduced in elementary Chinese language textbooks, even from China, is much different these days!

The second and third lines are harder to read.  Perhaps they are 城安兴径     The city is peaceful and on the path of prosperity

The bottom line is hard too…

Something like  为国  灰  If so perhaps I give my all for my country   [literally for the country]   [ashes or gray]

Doing some searches online, I was surprised to find a number of people with the personal name 国灰  so I assume it has a suitably patriotic meaning!

The quotation in the first line comes from Du Fu’s poem Climbing High.  I found the translation and transliteration of the poem on the website Chinese Poems  at http://www.chinese-poems.com/d03.html

Climbing High

by Du Fu

登高风急天高猿啸哀
渚清沙白鸟飞回
无边落木萧萧下
不尽长江滚滚来
万里悲秋常作客
百年多病独登台
艰难苦恨繁霜鬓
潦倒新停浊酒杯

dēng gāofēng jí tiān gāo yuán xiào āi
zhǔ qīng shā bái niǎo fēi huí
wú biān luò mù xiāo xiāo xià
bú jìn cháng jiāng gǔn gǔn lái
wàn lǐ bēi qiū cháng zuò kè
bǎi nián duō bìng dú dēng tái
jiān nán kǔ hèn fán shuāng bìn
liáo dǎo xīn tíng zhuó jiǔ bēi

Wind swift heaven high ape cry grief
Islet clear sand white bird fly circle
No edge fall tree rustle rustle down
No end great river surge surge arrive
10,000 li sorrow autumn always be a guest
100 years many sickness alone climb platform
Difficult suffering regret numerous white temples
Frustrated now stop turbid drink cup
Swift wind, heaven high, an ape’s cry of grief,
At the islet of clear white sand, birds circle round.
Endlessly, trees shed leaves, rustling, rustling down,
Without cease, the great river surges, surges on.
Ten thousand miles in sorrowful autumn, always someone’s guest,
A hundred years full of sickness, I climb the terrace alone.
Suffering troubles, I bitterly regret my whitening temples,
Frustratingly I’ve had to abandon my cup of cloudy wine.

 

Notes: This poem dates from around 766; it was written for the Double Ninth festival, on which people traditionally climbed to a height and drank wine together (Watson pp. 145-6). The great river is the Yangtse river.

This poem is volume (juàn) 227, no. 76 in the Complete Tang Poems (quán táng shī). It is translated as poem 33 in Hawkes, pp. 203-5, poem CCCXXV in Hung , p. 249 and poem 120 in Watson, p. 146, and on p. 94 of Hinton.

Hawkes, D. (1967) A Little Primer of Tu Fu. Oxford, Oxford University Press.
Hinton, D. (1990) The Selected Poems of Tu Fu. London, Anvil Press Poetry.
Hung, W. (1952) Tu Fu: China’s Greatest Poet. Cambridge, Mass., Harvard University Press.
Watson, B. (2002) The Selected Poems of Du Fu. New York, Columbia University Press.

 

Chinese language discussions of the poem are at the links below.

 

登高·风急天高猿啸哀

风急天高猿啸哀,渚清沙白鸟飞回。
无边落木萧萧下,不尽长江滚滚来。
万里悲秋常作客,百年多病独登台。
艰难苦恨繁霜鬓,潦倒新停浊酒杯。

译文
风急天高猿猴啼叫显得十分悲哀,水清沙白的河洲上有鸟儿在盘旋。
无边无际的树木萧萧地飘下落叶,望不到头的长江水滚滚奔腾而来。
悲对秋景感慨万里漂泊常年为客,一生当中疾病缠身今日独上高台。
历尽了艰难苦恨白发长满了双鬓,穷困潦倒偏又暂停了浇愁的酒杯。

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2009: Sichuan Earthquake Zone NGOs: Wavering Between Leaving and Entering

中文原文在 http://www.ngocn.org/?action-viewnews-itemid-45084

 

Translation of the article “Earthquake Zone NGOs: Wavering Between Leaving and Entering” in the Chinese periodical Nanfengchuang 南风窗issue of May 6, 2009 震区NGO, 摇摆在进退之间  

Officials have been gradually increasing their checks and screening of NGO volunteers. “We cannot exclude the possibility that some people with their own agenda will pretend to be volunteers while doing things that affect social stability.” For some NGOs, limits to their own capacity make it impossible to sustain work in the disaster zone over the long term.

Earthquake Zone NGOs: Wavering Between Leaving and Entering

When the Wenchuan earthquake occurred, Zheng Keke and several colleagues, filled with emotion, rushed to the disaster zone to help. They decided to stay and help. Over the past year people like them have been encountering continual frustration.

They wanted to provide some material support to schools in the disaster area to help in the reconstruction of education. There has to be a special procedure for doing anything – if they wanted to provide educational equipment and professionally trained volunteers to a school, they needed to get permission from the agency in charge and the school itself. Most of the time, getting permission has been difficult, a few times volunteers were actually kicked out.

Zheng Keke, vice director of the Hongde Cultural Development Center of Beijing says that “Over the past year, whatever the government can allow us to do, we do. If not, we leave. That is the situation.”

During the first days after the earthquake, the government allowed over 200 civil organizations, including some international organizations, to go to the disaster area to help in the relief work. In addition, a great number of individual volunteers came as well. This outpouring was a consolation for the people in the earthquake zone.

The earthquake brought some difficult to perceive social problems to the earthquake zone. If people were not careful, things could erupt into an incident. Preserving social stability became job one for the local government and the difficult-to-control people and organizations who came from the outside came to be seen as a potential cause of instability. The government gradually increased its management of volunteer groups and of individual volunteers.

The disaster area needs to be stable.” said Gao Guizi coordinator of the Sichuan 512 Relief Service Center told me. “After the earthquake, society in the disaster area is weaker, and so officials need to give more attention to this issue. “

For the many organizations and volunteers who flocked to the disaster area, the time of troubles is far from being over. At any moment they may be faced with the choice: Leave or Stay.


We Don’t Need Them

Before we would think to getting in touch with provincial officials, to do something, to put pressure on local officials.” Zheng Keke says. “Now we just do what we can, and if we can’t we just withdraw.”

Whether an NGO comes in or withdraws depends upon the attitude of local officials. Zheng Keke understands this very well. When they were doing relief work in Guangyuan, he ran into a township director who was concerned about problems in Chinese education. The two met by accident, and the township head quickly invited them to come help rebuild education in that locality.

After a few discussions, he met the vice township director in charge of education and the principal of the local school and came to a clear agreement with them on volunteers to be sent to the school to help. However, the day after leadership of the township changed and the first township director was transferred, the vice director in charge of education called Zheng Keke and told him that cooperation would be suspended because “the new township head has different views on education.”

The same disappointment was repeated in Dujiangyan. Zheng Keke planned to offer assistance to an elementary school that had been completely destroyed in the earthquake and to send in some volunteers. The school welcomed the volunteers. Before the school had reported to the local authorities, two volunteers went to the school in early June.

The principal was very supportive. He told us not to say that we are volunteers, just say that were teacher’s aides. Stay in the tent when you don’t have anything to do and don’t circulate do that people won’t notice fresh faces.

But it didn’t work out. One of the teachers reported them to the township government and the principal had to call Zheng Keke to tell him that the volunteers had to be withdrawn.

Getting things done through official channels is difficult. In order to get started working in the disaster area, they made contact with a principal leader on the Sichuan Communist Party Committee. That leader made a telephone call to the secretary of the city party committee. The secretary of the city party committee then made a phone call to the local education committee to make an appointment. Zheng Keke and two colleagues took a train from Chengdu to see them. Not only would the education committee members not shake hands, they wouldn’t stand up to greet them either. This time, though they had the support of the secretary, they still couldn’t come to an agreement.

They just come up with one pretext or another to get rid of you. If they want to change, they will think hard to come up with a way. If they don’t want to change, and I give them an overhead projector for a classroom, but they don’t use it. “

Zheng Keke decided to rely on luck. The disaster area is so large, if he runs into a wall in one district he can just switch to working in another. There is always somewhere to go. He has been doing that for nearly a year.

However, because of increasing controls on NGOs, the future remains uncertain. Luo Shihong, who has been doing social assistance work in Zundao Township 遵道镇, Mianzhu City, says that as social problems may continue to grow in the disaster area, officials may well decide that they should let more social organizations come to help.

The Mianzhu City Communist Youth League Committee and Young Volunteers Association in April 2009 issued a notice calling for strengthening management of volunteer groups and individual volunteers. The notice stated that with the one year anniversary of the earthquake approaching, very many volunteers would be flooding into the area, and “We cannot exclude the possibility that some people with their own agenda will pretend to be volunteers while doing things that affect social stability.”

The notice stated that they had done some checking and screening and this would continue. They asked that all individual volunteers service organizations register again, providing information on the times that service is provided, service recipients, and how service is provided. Moreover, all local official departments are required to maintain a detail list of all the names of the volunteers of the various voluntary organizations.

Confronted with this situation, many voluntary organizations felt they had to leave. The number of NGOs working in the disaster area has been declining. Taking Zundao Township as an example, Luo Shihong explained, that the number of NGOs working there peaked between one and two hundred. That period lasted for two to three months. Now there are about a dozen.

Luo Shihong’s organization has not registered. When they started to work in Zundao Township, they had a close and happy relationship with the local government. They worked out of the same offices. In order to make best use of these resources in post-quake reconstruction, the Zundao Township government set up the “Zundao Township Social Resources Coordination Committee” led by the Zundao Township Communist Party Secretary. Lou Shihong took part in the office work supporting the committee. The township gave them a office designation and an official stamp.

Change came too quickly. The had originally planned to register with the Mianzhu City Communist Youth League Committee. It had been agreed to beforehand. But when that notice from the Mianzhu City Youth League came out, those expectations burst like a bubble. The city committee no longer allowed them to work in their own office and pushed them out to the quake shelter area. They were also to be taken out of that semi-governmental coordinating group.

We prepared to withdraw.” said Wang Yueyun, one of the early coordination office director and a member of Luo Shihong’s group. “Unlike the early days, the disaster area no long welcomes volunteers. We have come to understood this since last August, and it is in the logic of things.”

In a report on their withdrawal from the coordinating group, he wrote, “Under the leadership of the Party Committee and government, Zundao Township gradually came back to life, going back to the earlier life it had during the previous period of harmonious development. As volunteers, what we are able to do will become less and less. Under these circumstances, we are bringing to an end nearly a year of volunteer work in Zundao Township.”

This is becoming a commonplace.

In a large quake refugee settlement area in Luoshui Township in Shifang City, the management committee has already received an official directive that they are to ask personnel of Save the Children (UK) 英国儿童救助会which had been providing help with washing infants aged three and under in the small community, to leave.

The management committee said that their standard is whether an organization is helping the public. They believe that “Save the Children” does not meet that standard. They present themselves as volunteers but don’t do anything and they are taking up a refugee shelter space that is very badly needed.

Now management committees have been set up in nearly all the small settlement communities. Some earthquake relief “advanced elements” from within the system have been appointed members of these committees. Their job is to manage everything that goes on in these communities. One of these matters is to ask about the comings and goings of organizations from outside China mainland and their members.

The director of the Luoshui Township management committee keeps a close watch on those people.

We are afraid that some accident or problem will arise. You can see for yourself, we are doing fine. People from the outside coming in to ask about this and that is not necessary.” She added, “Who knows that their real intention is.”

Reassure People

At the same settlement point, there are other organizations much appreciated by officials. One is the NGO Disaster Preparedness Center NGO备灾中心). The director of the management committee said that “They are still doing some work, the people see it and appreciate it.”

The organization said that official introduced the organization to local officials. They also got his help when they started their work in the resettlement area. She told them in order to work there, they had to establish good relations with the government.

The NGO Disaster Preparedness Center director Zhang Guoyuan said their work has been going smoothly. They don’t have nearly no problems with funding or policies.

The two NGOs Give2Asia 赠予亚洲and Trafigura托克国际 allocated funding for the disaster area and the NGO Disaster Preparedness Center became the implementer of their programs. Of the RMB 3 million in funding, 2 million were devoted to Luoshui. The local government gave the free use of land for their office. Another 1 million was allocated to support grassroots NGOs work. Nine NGOs won their support during the bidding process and have already started working out of the offices of the NGO Disaster Preparation Center.

Zhang Guoyuan and some other members are Sichuan local officials who understand the workings of government very well and so were able to set up communication and negotiations with local officials. They believe this is the most important reason they are able to maintain good relations with the local government.

You understand that exchanges and communication with government officials have to be carried out in a certain environment. We have had a lot of contact with officials before and worked closely with them. Some of the things they actually say and what the real meaning of what they say are sometimes different.” He said, “Sometimes there are implicit rules. If you understand then very good, if you don’t you will have a lot of problems. You need to penetrate their special language.”

Zhang Guoyuan set up two offices, one in Hanwang and the other in Luoshui. To prepare to set up work there, he sent two people to live in each place to live, eat and play with the local people. This helped build understanding and trust, knowledge of the needs of the local community. Once this was done, establishing an office was easy.

Now they are as close to local officials and other residents as neighbors. The management committee gave their office an official plaque. They said that two things were particularly important:

  • All their workers are Sichuanese. This helps makes it easier to communicate and building friendly cooperation.
  • They do what the local people, especially officials, want to be done.

For example, they set up an employment creation fund dedicated to training people for jobs. As everyone knows, employment is a big problem for local government. If through training the employment relevant skills of local people are improved, pressure on the local government will be much reduced. This also becomes their own political achievement.

Nonetheless, despite that, officials aren’t entirely satisfied with them. A management committee director told me, the township leadership sometimes will ask “what is that organization doing?” in a mysterious sort of way.

We must make sure that they know we exist and what we are doing.” Zhang Huikan, a manager for the NGO Disaster Center office in Hanwang said looking at the bulletin board filled with contact information for many officials. “We regularly send a progress report on our work to officials.”

Most of the time when officials reject an NGO it is because they don’t know what they are doing. Some researchers believed that officials gave permission for many organizations to go to the disaster area immediately after the earthquake was because they were overwhelmed by the disaster and didn’t have time to pay attention to the question. They looked at it positively and needed the extra help these organizations were bringing. This went on until the officials had time to pay attention to this extra help.

In many places, people who come from the outside are not managed by local officials. They don’t know what you will do so if they can get you to leave they feel relieved.” says Gao Guizi. “In the disaster area, this happened all over.”

The Sichuan 512 NGO Services Center to which Gao Guizi belong was founded after the earthquake to provide information and resources to the many NGO requesting to work in the earthquake disaster area. It is said that the 512 Center has assisted over 100 NGOs.

Some of official attitude against NGO as to do with the unethical behavior of some NGOs or volunteers. In Dujiangyan, officials caught five “volunteers”. They had collected a lot of relief materials in their tent. They were doing nothing in the disaster zone, just sleeping in their tents by day and going out at night. This incident made the authorities suspicious, so they checked on these people and found that they had lock picking tools.

Those five really messed things up…” Zheng Keke said. “Now we avoid the word volunteer. We only say we are teacher assistants.

The Mianzhu City Communist Youth League notice also mentioned this problem, saying that there are a small number of people who pretend to be volunteers but do things completely against the spirit of volunteerism. Volunteers and organizations that violate the law or regulations will have their service credentials cancelled by the Youth League, asked to leave or be handed over to police.

This is only a fuse that could lead to trouble. What officials really worry about is that volunteers from the outside will stir up the emotions of local people and influence them. If there are no outsiders around, they only need to control the site of the problem, cut off all means of communication, and they can control any problem, and it will not be made bigger. The presence of outside organizations is a challenge to this method of control.

In a place where there have been a particularly large number of deaths, especially if a school collapsed, the parents look to the volunteers as the only people upon whom they can rely. In these situations, some young volunteers may become one of those making accusations. They might encourage parents to stand up for their rights. In Dujiangyan, 200 parents who had lost children made an emotional plan to present a petition. They were all stopped by armed force. It isn’t clear whether volunteers were with them. Zhang Keke said that the skills of volunteers working in the disaster area need to be improved.

You need to know what the real situation is and what needs to be done and what shouldn’t be done”, he said. “You don’t represent yourself, you are a group. You need to put emotion aside, and handle things in a skillful way.”

Sustainable Difficulties

NGO capacity determines who long they can serve in the earthquake disaster zone. In the early days after the disaster, before there was official intervention, weak capacity prevented grassroots NGOs within China mainland from being equal to the task.

Luo Shihong has experience with this. He said, “We always thought that if we had money, we could handle anything, if we had supplies we could help people. But we gradually realized that kind of thinking is wrong.”

During the crisis relief period, supplies from within China and abroad poured into the earthquake disaster area. Sometimes tens of thousands of hundreds of thousands of tons of supplies reached a single township. Distributing those supplies became a big test of the NGOs. This involves supply chain management, warehouse management, and community surveys. Only people who possess these special skills can ensure that assistance is fairly and effectively distributed. In Zundao Township, Luo Shihong and others needed to serve 20,000 people. They were 100 volunteer organizations. It was poorly coordinated.

The specialized knowledge and efficiency of some organizations from outside China mainland awed them. One example were the NGOs from Spain and the United Kingdom. The Spanish group, in charge of supplying water, only sent three people. After doing some technical calculations on how much water each person would need to drink each day and how much water would be needed for washing, they determined how many liters of water would be needed. They set up their equipment and within two days were supplying clean water to 15,000 people. The British were equally efficient. They were in charge of toilets. After they knew the number of people in the resettlement area, they calculated how many toilets they would need to install and how large an area each toilet could serve, then installed the necessary hardware.

The period of urgent relief passed quickly and the earthquake disaster area entered the rebuilding phase. For many NGOs, this was a period of transition when they needed to go into the community to work. This required them to possess skills needed to keep working over the long term. Wanting to help wasn’t enough.

In October 2008, Luo Shihong group began giving training on how to do daily work effectively to the members of the group. They believed this training could no longer be put off. Many organizations like them are still feeling their way forward.

If they cannot in a short time quickly increase their overall capacity, they will have to leave. This overall capacity includes sustaining funds for operations, finding workers with special skills, and orderly management of the internal workings of the organization.

Taking funding as an example, many organizations are able to raise money and nobody is giving them money. One common way of saving money is for each volunteer to be responsible for their own expenses rather than the organization. In Shifang, Zhang Pei, the Party Secretary of the Chongqing Volunteers to Help the Elderly and Handicapped, told me this is a common method of NGOs working in the disaster area, so the organization does not have this burden.

The early volunteers, were passionate about helping, so they could tighten their belts and guive of themselves for a few weeks. But they couldn’t last for long. Cui Fan, director of the Sichuan office of Oxfam says, “Surviving is always a consideration. Just like a family in its daily life, when its finances run low, everything becomes difficult.”

Oxfam is the only international organization that received written official permission to operate in the earthquake disaster area. It set up an office in Chengdu after the earthquake. They expect over the next three to five years to spend HK$ 130 million on earthquake reconstruction, repairing small local infrastructure and living conditions. Funding is not a problem. Even so, they do face limits on who they can deliver services to and capacity limitations. There are many places with unmet needs. No organization can do it all. They and other NGOs can only succeed by working together with government, with its large capacity and its coverage of all of this vast area.

We also are not certain”, said Cui Fan, “just how long we will be able to continue.”

Currently, there are still some NGOs and individual volunteers who seek to work in the earthquake disaster area. The Sichuan 512 NGO Services Center cautions them that they need to think carefully and prepare well and not act rashly. Tian Jun, one of the center’s coordinators, these people want to help others but they must be prepared to sustain their assistance over the long term. “When doing good puts you under a lot of pressure, you can suffer a lot and so will the people you are helping.”

Wang Yueyun, who is about to leave, feels there is nothing that can be done about it. For a year they have “worked hard, done all they could and grown”. Many of their efforts didn’t get started or have come to an end. He said that they will gradually be forgotten by the local people because they were not able to make as a big a difference to the local community as they had hoped and they were not able to build trust between themselves and the community.

However, they are convinced that the services provided by the government (especially services, the software aspect of things) cannot cover the needs of all the people and the entire area, there will be, as the NGOs that filled in these gaps depart one after another, there will be unmet needs that will have consequences in the disaster area for some time to come.

Recently, the suicide of a deputy director of the Beichuan County Communist Party Committee Propaganda Department attracted much attention. The local government has already issued a document calling for an enquiry into the psychological state of local officials and to take better care of government and party cadres.

In the Shifang City settlement camp, a refugee said, we need these people (NGOs).

It was an evening, the music was relatively fast, and many refugees were happily dancing under some red lights. They were using a big tent set up by an NGO to provide them with an entertainment center.

The refugee said, “The NGOs are more efficient than the government.”

Thus far, nobody has done an overall, objective assessment of NGO work in the disaster area. But the need, the trust in NGOs and the reliance upon them does certainly exist.

Some country people were at the door of their home, they say in the field opposite someone passing by. They saw it was someone from outside, they can guess that it is a volunteer. They know that someone cares about them and that they haven’t left. Gao Guizi continued, “The volunteer doesn’t have to do anything, they don’t even have to wave, they just need to pass by, and by doing so they might even save a life.”

Chinese text from http://www.ngocn.org/?action-viewnews-itemid-45084 

震区NGO,摇摆在进退之间

发布: 2009-5-12 12:18 | 作者: 章剑锋南风窗| 来源: 南风窗网站| 查看: 128次

汶川地震那会儿,郑珂珂和几个同仁满腔热情奔赴灾区,从北京驾车输送物资过去。之后,他们决定呆在那里,继续帮忙。而这种想法在过去一年间,却不断遇挫。

他们拟向灾区学校提供一些资源援助,以支持当地的教育重建。凡事总需程序,他们若想让自己提供的教学设备和专业志愿者顺利进入学校,需要得到主管部门和具体学校的许可。多数时候,获得理解并不容易;少数几次,他们的志愿者遭到驱逐。
身为北京泓德中育文化发展中心副主任的郑珂珂说:“一年下来,政府能接受,我们就做;不能,我们就走。情况就是这样。”
地震发生之初,据估计,官方放行了约200余家民间组织进入灾区参与协同救援工作,包括一些国际组织在内,志愿者个体更是不计其数。这些自发力量的涌现让灾民感到温暖。
地震也给灾区带来一些不易察觉的社会问题,稍有不慎将演变成各类事端。维护稳定于是被地方提到核心工作序列,难以控制的外来机构和人员成为潜在的不安定诱因之一。政府逐步加强了对志愿者服务团队和个人的管理。
“灾区要稳定,”四川512民间救助服务中心协调人高圭滋对本刊记者说,“地震之后,灾区社会更加脆弱,官方将很多精力放在了对付这件事情上。”
对于许多奔赴四川灾区的民间组织或志愿者个体来说,困难时期远未结束。他们随时需要面临选择——离开,或者留下?

  我们不需要他们
“以前我们想再找省政府做做工作,压压他们(地方官员),”郑珂珂说,“现在我们是能做的做,做不了的就退。”
NGO的进与退取决于地方政府的态度。在这一点上,郑珂珂深有体会。在广元市帮忙救援的时候,他遇见一位对中国教育问题颇有些“看法”的镇长。两人谈得投机,对方很快邀请他去支援当地教育建设。
几番往来,见到了分管教育的副镇长和当地主要学校校长,相互接纳的意愿已经明确,派驻志愿者进校助学的计划眼见就要达成。不曾想镇主要领导职务调动,原镇长一走,分管教育的副镇长第二天就知会郑珂珂,合作暂停,理由是“新镇长对这事儿有不同看法”。
同样的尴尬出现在都江堰。郑珂珂为当地一所全部被震毁的小学提供救助,此后向他们提出派驻志愿者。学校表示欢迎。在未向当地官方汇报的情况下,去年6月初,两位志愿者正式进入学校工作。
“校长特别好,叮嘱我们不要说自己是志愿者,就说是支教老师。白天没事儿就在帐篷里呆着,别乱跑,以免让人看到生面孔。”
事有不虞,学校一位老师向镇政府告发了这件事情,校长只好打电话让郑珂珂把志愿者领走。
透过官方系统疏通并不管用。为了在灾区立足,他们通过渠道找到四川省委的主要领导,该领导给地方的市委书记打了一个电话,市委书记再给当地教委打电话,约好见面。郑珂珂一方的3个人就从成都坐火车去了,见了面,不仅没有握手寒暄,地方教育官员坐在那里连站起来的意思都没有。这一次,就算有书记的话支持,合作同样没能成功。
“随便一个理由就把你推出来了。他如果想改变,就要千方百计和你合作,他如果不想改变,我就是给他一个班装一个投影仪,他也不干。”
郑珂珂抱着一种碰运气的想法,认为灾区面积如此之大,一地碰壁再换一地,总有去处。就这样,他坚持了接近一年。
不过,由于官方对NGO的管理正在加强,未来的不确定性一直存在。在绵竹市遵道镇开展社会救助工作的罗世鸿说,也许以后当灾区社会问题越来越多,官方会觉得应该让更多社会机构帮着他们做些事情。
绵竹市团委和青年志愿者协会在今年4月发出一则通知,要求加强对志愿服务团队和个人的管理。通知声称,在地震周年来临之际,将会有大量志愿者涌入,不排除别有用心的人打着志愿者旗号开展影响社会稳定的活动。
通知表示,他们已对一些机构和志愿者个人进行了核实和清理,并将继续。他们要求志愿者个人和服务团队进行再次登记,以确定服务时间、服务对象和服务方式。此外,当地官方各部门被要求掌握那些志愿者团队的详细人员名单。
鉴于这种情况,很多组织不得不选择离开。灾区的NGO绝对数量正在下降。以遵道镇为例,罗世鸿介绍说,在最高峰时期的动员例会上,NGO组织的与会数量有一两百个之间,这种情况保持了两三个月,现在也就十一二个了。
罗世鸿所在机构没有注册。最开始进入遵道的时候,他们与当地政府保持了愉快而紧密的合作。当时他们和镇政府在同一场地办公,为了发挥这些社会资源在灾后重建中的作用,遵道镇政府成立了以镇党委书记为组长的“遵道社会资源协调小组”。罗世鸿等加入到这个小组的办公室工作,镇政府还为他们挂了牌,并给了一枚公章。
一切变化似乎来得太快。本来他们还准备在绵竹团市委注册登记,这件事已是被认可的,但当团市委那个通知突然出炉之后,全部打算都泡了汤。镇政府不再允许他们继续在自己的办公室里呆下去,将他们逐到了板房区。他们还将与那个半政府性质的协调小组办公室脱钩。
“我们准备撤出来,”协调办公室的前期负责人之一、罗世鸿的团队成员汪跃云说,“与当初相比,现在灾区不再欢迎志愿者。从去年8月份开始,我们就都比较清楚了,这个趋势是必然的。”
在一份有关退出那个协调办公室的报告中,他们也写道,“在党委和政府的领导下,遵道镇正逐步恢复生机,回到以往和谐发展的生活中去。我们作为志愿者,所能做的事情会逐步变得有限。在这样的发展形势下,我们将结束在遵道镇近一年的志愿服务工作。”
这,也许将成为一种常态。
在什邡市洛水镇一个大规模灾民安置点,管委会已经接到官方的指示,他们将把驻在小区内提供3岁以下婴儿洗浴帮助的“英国儿童救助会”的人员“请走”。
管委会主任表示,他们把是否为老百姓办实事作为判断一个组织优劣的标准,他们认为救助会不符标准,打着志愿者的旗号什么事也不干,还占据着灾区极为紧俏的板房。
目前灾区的安置小区几乎都成立了管委会,由一些体制内的抗震救灾“先进分子”充任成员,他们的职能是管理安置区内的所有事务,其中一项即过问外界人员和组织的进驻与往来。
洛水镇这位管委会主任一直对这些人保持着高度关注。
“我们也怕发生一些意外和麻烦。你也看到了,我们这里的人心态很好,外人进来问这问那的,没必要。”她说,“谁知道他们打什么主意。”

要让人放心
在同一个安置点,也有一些组织深得官方欣赏。NGO备灾中心就是这样。管委会主任对他们的评价是,“他们还是做了一些实事的,老百姓看得见,都比较认可。”
这个机构据称是由这位主任介绍给当地官方的。当他们试图在安置点开展工作的时候,找到了她。她告诉他们,你们要进入这里,起码要和政府搞好关系。
NGO备灾中心的执行主任张国远说,我们进入地方开展工作比较顺利,在资金和政策方面几乎不存在压力。
赠予亚洲和托克国际两个组织今年向灾区分别投入资金开展项目,NGO备灾中心成为他们的项目执行机构。他们得到300万元项目资金,有200万准备投入到洛水,政府无偿辟出一片土地,让他们建立创业基地。另外100万用于支持境内草根组织工作。有9个组织在招标阶段得到了他们的资金配给,已经在NGO备灾中心的驻在安置点开始工作。
张国远和另外一些成员原是四川地方的公务员,对体制内的情况非常了解,能较为顺畅地与官员们进行沟通与谈判。他认为这是他们能够搞好官方关系的最大优势。
“你知道,与政府官员的交流和沟通需要在一个特定环境下进行。以前我们和官方交流很多,合作也密切。他们说出来的一些话直译过来意思和他内心要表达的意思是不一样的。”他说,“有时候存在潜规则,你能听懂就很好,听不懂就很麻烦,需要进入他们的语境。”
张国远现在在汉旺和洛水分设了两个办公室。当他准备设点的时候,先派了一两个人前去与当地人同吃同住同玩,相互熟悉并建立信任,了解社区情况和需求后,建立办公室也就水到渠成了。
现在他们和当地官方、居民亲如邻居。管委会为他们的办公室挂了牌。他们自己在总结时,谈到了特别重要的两点经验:一、他们的全部工作人员都是四川本地人,这有助于消除沟通距离,产生一种亲和力;二、他们做地方特别是官方需要的事情。比如设立创业基金,为当地人提供创业培训。众所周知,就业一直是令地方政府头疼的问题,如果能够通过培训提升人们的创业技能,地方政府的压力会减轻许多。这也是他们的政绩。
不过,即使这样,官方也不完全对他们放心。那位管委会主任对本刊记者说,镇政府的领导有时候也会问起,这个机构都在干些什么呢?神神秘秘的样子。
“一定要让他们知道我们的存在,我们在做和将做什么,”在汉旺的项目办公室,NGO备灾中心的管理人员张伟看看墙上一堆政府官员的联络信息说,“我们会定期将工作进度报告抄送给官方。”
官方对于NGO的拒绝更多时候是因为他们觉得没有把握。研究人士认为,在地震之初,政府之所以允许诸多机构涌入,是因为他们被巨大灾害拖住了身子,无法分散更多精力。他们乐观其成,也需要这些外力共济灾民,直到有精力应付这些额外事务为止。
“在多数地方,外来人员不属于他的管辖范围,他们不知道你会在当地怎么样,把你弄走了他就放心了,”高圭滋说,“在整个灾区,这方面有一些共通的东西。”
高圭滋所在的四川512民间救助服务平台成立于地震发生之后,旨在为许多寻求进入灾区的NGO提供信息和资源整合一类帮助。通过他们进入灾区的NGO据说超过100家。
官方对于NGO的排斥也与一些NGO或志愿者自身不洁有关联。在都江堰,官方曾抓获5

“志愿者”,他们在灾区无所事事,领取各种物资后搭起帐篷,白天睡觉,晚上出门。这引起有关方面的怀疑,他们查出这些人携有撬锁工具。
“这5个人真他妈的……”郑珂珂说,“现在我们尽量回避志愿者称号,只说自己是支教老师。”
绵竹团市委的那份通知也提及,有一小部分人打着志愿者的旗号做一些违背志愿者精神的事情。对那些违法乱纪的个人和团队将取消服务资格,予以清退,或移送法办。
这只是一根导火索,官方真正担心的还是外来志愿者对于当地居民情绪的干扰与影响。在通常没有外人的情况下,他们只需要控制住现场,切断各种信息传播渠道,任何事态都可以掌握,不被扩大。外来机构对他们的这种做法构成挑战。
在一些死亡人数过大特别是学校倒塌过甚的地方,志愿者成为家长们倾诉的对象。这些人是他们认为唯一可以信赖的。这时候,一些年轻志愿者有可能加入到控诉行列,鼓励家长们主张权利。在都江堰,有200位失去孩子的家长曾经情绪激动试图上访,结果全部被武力架回。还不清楚,是否有志愿者参与其中。郑珂珂也认为,志愿者在灾区的工作技巧有待提高。
“你得明白实际情况是什么、该做什么、不该做什么。”他说,“你不代表你个人,你是一个群体,要抛开个人情绪,要有技巧。”

可持续难题
NGO自身的能力建设水平也决定了他们在灾区能走多远。早在地震之初,即使官方未加干扰,就境内草根组织而言,能力的薄弱也制约了他们的发挥水准。
罗世鸿对此颇有感触。他说,“我们总是相信有钱就能搞定一切,有物资就可以帮助别人,但慢慢就发现,这个想法是错的。”
在紧急救援阶段,国内外的物资源源不断输送到灾区,仅一个镇就超千万甚至过亿吨。这时候,如何分配物资就是对NGO能力的一种考量。它涉及物流体系、仓储管理、社区调查,只有具备这些专业素养,才能确保公平高效地分发。在遵道镇,罗世鸿等人需要服务2万人,他们有一个100多人的志愿者团队,最终还是乱作一团。
与他们相比,一些境外组织的专业和高效令人叹为观止。以西班牙人和英国人为例,西班牙小组负责供水,他们只派了3个人。在进行一番技术和专业整合之后,计算出每人每天需要喝多少水、洗漱多少水,基本保障需要多少升等,一番计算后,即刻架起设备供给,两天就确保让15万人用上干净水。英国人的表现同样可圈可点。他们负责厕所设置。当他们知道一个安置区的具体人数后,马上会计算出多少人头需要设置一个厕所,一个厕所能覆盖多大安置点,并相应配备哪些硬件设施。
紧急救援阶段很快过去,灾区进入重建阶段。对于很多NGO来说,方向发生了转变,必须进入社区工作。这要求他们具备凭借专业技能进行持久作战的能力,仅靠一腔热情是不够的。
去年10月以后,罗的团队开始对志愿者成员进行日常工作方法培训,他们认为这件事情不能再拖了。更多组织也像他们一样,依然在路上摸索。
如果不能使自己的综合能力在短期内得到强化与提升,他们只好从灾区黯然收场。这种综合能力包括运作资金的可持续、专业人才的充实以及组织内部管理的有序。
以资金为例,很多组织不具备筹资能力,没有人给他们资助。一种常见的节省成本的办法是,组织内的每个志愿者需要承担各自的费用,所在组织不为此埋单。在什邡,重庆市助老助残志愿者服务总队的团委书记张斐告诉本刊记者,AA制是灾区NGO的普遍做法,这样组织就没有负担了。
最初拥有的参与热情,可以支持志愿者自掏腰包献几周爱心,但却很难长久。“生存都是问题,”乐施会四川办公室的负责人翟凡说,“就像每个家庭要过日子一样,没有资金,想都不要想。”
乐施会是唯一一家拿到官方批文可以在灾区工作的国际组织,震后在成都设立了办公室。他们计划在未来3到5年内投入逾1.3亿港币参与灾区重建,为当地改善小型基础设施和生计状况。资金不是问题。不过即便如此,他们的服务对象和能力也是有限的。灾区的需求空白太多了,没有任何一家组织能够全部包揽。他们所能做的和别的NGO一样,无非是以政府的强大力量和覆盖面为背景,做好配合工作。
“我们也在坚持,”翟凡说,“到底有多久,也难以说清。”
就目前来看,还有一些NGO或志愿者个人寻求进入灾区工作。四川512民间救助服务中心提醒他们,一定要考虑清楚,事先做好充分准备,否则不要贸然行动。中心的协调人之一田军说,他们很想帮助别人,但要做好可持续的、长期呆下去的打算,“当做好事成为一种压力的时候,你会很痛苦,受助者也是。”
即将离去的汪跃云看起来就很无奈。一年来他们一直“在努力、在尽力、在成长”,只是很多设想都没有展开,就要终结了。他说他们将被当地的老百姓慢慢淡忘,因为并没有如预期那样对社区产生什么深远影响,彼此间的信任都还来不及建立。
不过,他又极肯定地断言,由于政府提供的服务(特别是软性层面的服务)不能覆盖全部群体与角落,在起到补充与替代作用的NGO陆续离开之后,灾区的潜在需求因不得满足而导致的后果可能会在更长的时间里显现。
最近北川县委宣传部一位副部长的自杀就引起了社会强烈反弹。当地政府已经发文要求分门别类摸清官员的精神状态,深化干部关爱工作。
在什邡市的一个安置点,一位灾民对记者说,我们需要这些人(NGO)。
那是一个晚上,音乐节奏轻快,很多心情不错的灾民在橙红色灯光下跳舞。那片开阔的用帐篷搭建起来的场地是一家NGO组织为他们开辟的娱乐中心。
灾民说,“他们的办事效率比政府要高。”
目前还没有人对NGO在灾区的作用进行一个全面客观的评估,但需求、信任甚至是依赖的确存在。
“有个老乡蹲在家门口,看到对面田坎上有人路过,一看不是本地人,就能判断那是志愿者,心里就有安慰,知道还有人在关心他,人还没有走完。”高圭滋说,“志愿者不需要做什么事情,也不需要和他打招呼,只需要从那里路过,也许就能挽救一条生命。”

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2009: Defense Plea of Sichuan Dissident Tan Zuoren 谭作人涉嫌煽动颠覆国家政权案 — 夏霖、浦志强两位律师的一审辩护词

After the August 2009 trial of Tan Zuoren there circulated on the Internet in China, and being constantly deleted on Chinese websites, the defense plea in his case.  Tan’s one day trial was held on August 12 in Chengdu.

The defense pleas, carried for a time on some Chinese blogs, disappeared as the censors got to work. Internet searches in late 2009  Tan Zuoren in characters  谭作人  brought up links to blank pages on some blogs that used to have the defense plea.  Sometimes the plea can be found by clicking on the cache (kuai zhao 快 照) on a Chinese search engine. The Chinese text I have copied below the translation.

 


Defense Plea in the Tan Zuoren Case

Xiao Xuehui blog

August 17, 2009

[At the request of Ms. Wang Qinghua, [note: the wife of Tan Zuoren] the first instance plea of lawyers Xia Lin and Pu Zhiqiang has been released.  The two lawyers faced many obstacles and put up with humiliation in order to carry out their important work with rare perseverance to complete their plea, stopping and starting because they were interrupted many times.  The first instance plea should have been published as an exact copy of the original document.  This is not possible, however, because of web filtering and so in order to defeat the control of the web, we made technical changes in some of the keywords.  This is a very precious legal document. Everyone concerned with the case of Tan Zuoren should read it.

 — Xiao Xuehui made this explanation and requests that this document be reposted on other websites.]

The case of Tan Zuoren Accused of  Incitement to Overthrow State Power

Defense Plea

To the Panel of Judges of the Tan Zuoren case:

The Beijing Huayi Law Office, which was commissioned according to law by the defendant Tan Zuoren, designated the lawyers Xia Lin and Pu Zhiqiang to make the first instance plea. After receiving this commission, we reviewed the case files, interviewed the defendant, and conducted many interviews and conducted many investigations.  We believe that after being reviewed by the court, the accusations brought by the prosecution against Tan Zuoren cannot be proven.   Based on the indictment and evidentiary materials exchanged with the prosecution before the trial, we make the following defense:

I.   With regard to the nature of the article “1989: The Last Beauty I Witnessed — the Tiananmen Diary of an Eyewitness” written by the defendant Tan Zuoren:

The prosecution states that “The accused Tan Zuoren is dissatisfied with the way the Central Committee of the Chinese Communist Party handled the”June X Incident” and the conclusions it drew about that incident.   For many years,  he has been carrying out in many ways “June X” commemorative activities.  On May 27, 2007, Tan Zuoren concocted an article entitled “1989: The Last Beauty I Witnessed — the Tiananmen Diary of an Eyewitness” and distributed it through the internet to the website outside of mainland China’s borders “The Torch of Liberty” as well as to other websites.  The main points of this article provide a distorted account of the “June X Incident” and to libel the Chinese Communist Party Central Committee’s handling of it.¡±

The definition of “libel” in the dictionary is “making something out of nothing, saying bad things about a person, damaging a person’s reputation, slandering someone” (See Modern Chinese Language Dictionary, Second Edition, P. 315, published January 1983.)  The prosecution’s charge that the defendant Tan Zuoren “made a distorted account and committed libel” is a matter to evaluate according to the facts and as to whether the contents of Tan Zuoren’s article are true.

The court investigation has already determined that “1989;  The Last Beauty I Witnessed — the Tiananmen Diary of an Eyewitness” was written on May 27, 2007 and is his personal response to statements about the “June X Incident” by Ma Li,  Chairman of the Hong Kong Popular Alliance.  The purpose of the article was to make the facts clear (see interrogation record).

However, after Ma Li made that statement, the Vice Chairman of the Hong Kong Popular Alliance, Liu Jianghua said that Ma Li’s statement did not represent the views of the Popular Alliance and wanted to apologize on his behalf.  Tan Zuoren wrote this article based upon his  memories as an eyewitness of the period leading up to and following the “June X Incident”.   The prosecution in its accusation states that Tan Zuoren “made a distorted and libelous account” but has not presented evidence to support that accusation.  Nor  has it in court “made an accurate account”, so how can Tan Zuoren be accused to writing falsehoods?

ccording to the indictment,  Tan Zuoren has “for many years in many ways conducted activities  commemorating “June X” but has presented no evidence to support this charge.  Moreover, according to Tan Zuoren’s own account during interrogation in court, before the 2007 statement of Ma Li, he had not conducted any commemoration of “June X”.  So what is the basis of “for many years” and what is the basis of “in many ways”?

The defense believes that this prosecution charge against the defendant Tan Zuoren is vague, untrue and not supported by the evidence.

The charge cannot be proved according to law and so should clearly be rejected.

II.   With regard to the prosecution’s accusation that Tan Zuoren communicated with the “enemy element outside China’s borders” Wang Dan and suggested that voluntary blood donation drives be conducted.

According to the prosecution¡¯s accusation, “Shortly after the article was published, the enemy element outside China’s borders Wang Dan contacted him by e-mail and on several occasions sent him propaganda materials about the “June X” incident.

On June X, 2008, the accused Tan Zuoren together with others in Chengdu’s Tianfu Square conducted a voluntary blood donation drive to commemorate “June X” by donating blood.  Shortly thereafter, he was interviewed by the telephone by the media outside mainland China’s borders “Voice of Hope”.  Since November 2008, Wang Dan on several occasions sent him materials on activities to commemorate the so-called twentieth anniversary of the “June X” incident.  On February 10, 2009, the accused Tan Zuoren sent Wang Dan an email “Suggestions on the Twentieth Anniversary of June X” suggesting that during this year’s “June X” period conducting so-called “June X Worldwide Chinese Voluntary Blood Drives” in order to commemorate the twentieth anniversary of “June X”.

With respect to this charge, the defense believes:

1.   Criminal methods of incitement to overthrow state power involves the open encouragement of a group of two or more people.  The facts presented in this accusation involve a private email between Wang Dan and Tan Zuoren.  This is not in accord with the open nature of this crime and that the incitement be directed at a group of two or more people.

2.  The designation of Wang Dan as an “enemy element outside of China’s borders” has not been officially announced by the state and the defendant is not aware of this.  Moreover, a search of PRC criminal law did not turn up a crime of “communicating with enemy elements outside of China’s borders”.  The prosecution has already determined that Wang Dan is “an enemy element outside of China’s borders” and according to the accusation statement, Wang Dan took the initiative to send to a mailing list materials on “June X”.  Considering the political attitudes and behavior of the two people involved in the communication, it could be claimed that Wang Dan was inciting Tan Zuoren but surely it would be nonsense to suppose that the accused Tan Zuoren sought to incite Wang Dan.  This is clearly absurd nonsense. This accusation by the prosecution is obviously mistaken.

III.  With respect to the prosecution charge that Tan Zuoren made statements about the May 12th Earthquake

The court investigation states that after the May 12 earthquake, the accused Tan Zuoren was interviewed several times by media from both inside and outside China’s borders and on many occasions acted as a guide to assistant them in their interviews and investigations.  These media included Xinhua, Liaowang Oriental Weekly, First Financial Daily,  Humanity and the Biosphere, etc. as well as Hong Kong broadcasters under the Hong Kong government.  No matter whether he was interviewed by media from inside or outside China’s borders, he said the same thing.

However, the prosecution accusation stresses only that “Tan Zuoren on several occasions was interviewed by media from outside China’s borders, and make statements that severely damaged the image of our Party and government” clearly takes things out of context to make these activities look suspicious.

The defense response to these accusations:

1.  The prosecution’s accusations are abstract and empty. The prosecution presented 22 articles that total several tens of thousands of words as evidence.   Looking over these articles, one finds some discussion of the work of the Party and government in earthquake relief.  Tan Zuoren praises them where praise is due but not excessively. He does not pass over their shortcomings in silence but discusses them. Just which chapters and which words have anything to do with subversion?  I really don’t know.

These 22 articles were collected by the prosecution from the private computer of Tan Zuoren were edited by Tan Zuoren himself on his computer in the “My Documents” folder.  None of them are transcripts of media interviews. This being such an “important case” so how could it have been handled so sloppily?  How can these documents be taken as manuscripts that are used as evidence in a criminal case?

2.  The court investigation determined that Tan Zuoren is the deputy secretary-general of the Green Rivers environmental NGO and has long been concerned about the construction of hydroelectric power plants in southwest China.  His statement about the earthquake involved an analysis of the causes of the earthquake how it could have been prevented was from the perspective of an expert.  This analysis is based upon a considerable amount of scientific evidence.  The defense has already provided these materials to the court.  Moreover, two experts on the subject, Fan Xiao, an engineer from the Sichuan Province Mining Bureau Geological Survey Team and Prof. Ai Nanshan of the Sichuan University Construction and Environmental College are willing to testify as defense witnesses in court.  They are now waiting outside the court because unfortunately the court arbitrarily refused to hear them.  We regret this decision.

3.  According to the court record of interrogation, Tan Zuoren after the May 12 earthquake made 23 trips to determine the number of students who were killed in the earthquake as well as the number of school and dormitory buildings that had collapsed.  He spent over 50 days on these survey trips and collected much first-hand material. He made an objective description of the situation based on these trips.

His surveys showed that for many of the schools in the earthquake zone, poorly construction quality led to their collapse. The problem of “bean curd construction” that Tan Zuoren describes certainly exists.  Tan Zuoren urges now that the cause of the collapse of the schools and dormitories be thoroughly investigated, that the people responsible face criminal prosecution, and that a natural disaster should not be an excuse to hide a man-made calamity.  What is wrong with saying this?  And how can anyone be accused of committing a crime by saying this?

Provoked by the deaths of so many students, Tan Zuoren may have said some words in anger and criticized the Ministry of Education.  But the defense wants to remind the prosecution: to criticize is not to incite to overthrow the state.  The Ministry of Education has never represented state power. Therefore nothing could be as ridiculous as this accusation against Tan Zuoren for incitement to overthrow state power.

IV.  The prosecution’s accusation on the legal nature of Tan Zuoren’s behavior.

The prosecution believes that “the indicted Tan Zuoren, in order to achieve his goal of subverting state power and overthrowing the socialist system fabricated things out of whole cloth, distorted news, and spread speech that is injurious to state power and the socialist system in order to hurt the image of state power and the socialist system in the eyes of the people.  This constitutes a crime under article 105 of the Criminal Code of the People’s Republic of China.  The crime is clear, the evidence is certain and abundant.  Tan Zuoren should be prosecuted and convicted of the crime of inciting subversion of state power.”

The defense again reminds the panel of judges that the accused Tan Zuoren, who has made an accurate description of many matters, is accused of “fabricating things out of whole cloth and distorting news”.  However, the prosecution has not yet presented any evidence to contradict what Tan Zuoren has written nor any evidence supporting the accusation.  If the prosecution is unable to present relevant evidence, then some of the matters it has presented as fact are not credible.

The defense presents three opinions on the legal validity of the accusations brought by the prosecution:

1. Tan Zuoren’s speech related to this case is a matter of a citizen exercising his right to make suggestions and criticisms. That speech does not constitute incitement to overthrow the state and does not fit the criteria for that crime.

This crime is found in the first chapter of the criminal code, “Crimes Against State Security”.  Examining that section of the law, it is clear that the definition of this crime is limited to threatening state security.

How can speech threaten state security?  We can find an explanation in “The Johannesburg Principles on National Security, Freedom of Expression and Access to Information” which are widely accepted by international society. Principle Five holds that ¡°Subject to Principles 15 and 16, expression may be punished as a threat to national security only if a government can demonstrate that: (a) the expression is intended to incite imminent violence; (b) it is likely to incite such violence; and (c) there is a direct and immediate connection between the expression and the likelihood or occurrence of such violence.

In China’s legal system no legal or administrative explanation accompanies the legislation on this crime.  Therefore, widely accepted international principles can provide an important reference point for the judging  this case.  The speech of Tan Zuoren relating to this case had no language inciting to overthrow of the state or to violence.  On the contrary, Tan Zuoren’s political views favor gradual and peaceful social progress.  The objective effect of his views does not harm but actually supports state security and so of course do not fall with the legal definition of this crime.

Article 41 of the PRC Constitution stipulates: “Citizens of the People’s Republic of China have the right to criticize and make suggestions to any state organ or functionary.” The defense believes that Tan Zuoren’s speech involved in this case was the normal exercise by a citizen of their right to criticize and make suggestions, and should therefore be protected by the PRC Constitution. How can it be construed as “incitement to overthrow the state”?

2.  Tan Zuoren did not have any subjective intention to incite to overthrown the State.

This crime in its subjective aspect relates to intention, the person committing the act must have the motive of inciting two or more persons to act to overthrow state power and to overthrow the socialist system.

The defense believes that in order to determine the subjective motive of a personal act, one needs to do a historical study of it objective manifestations over a long period.  The court investigation shows that the indicted freely confesses without reservation that he is passionate about the well-being of society and that he has for a long time been making outstanding contributions to political science and administration.

The principal facts are these:

  •  During 1996 – 1997, he served as the chief planner of the Chengdu City government’s Fenghuang Mountain development project and later led the planning work for the Sichuan International Rehabilitation Center and the Chengdu Rest Home and Assistance Center for the Elderly, the Chengdu City Temporary Residence project, and was asked by the Pi County government to design the Jinguancheng Recreation Area, the Shudu Rear Garden and other projects.
  • In 1998, he was asked by the Sichuan Province Academy of Social Sciences to plan the “Great Turn of the Century Human Talent Project”.
  • In 1999 he participated in the Yangtze River Environmental Memorial Construction Project.
  • In 2000 he planned the Sichuan Exhibition Center transformation project;
  • In 2001 he was chosen by the Chengdu Daily as an outstanding citizen of Chengdu;
  • In 2002 he planned and implemented the “Century of Great Changes – Chengdu’s Big Transformation” a major photo exhibition; at the Sichuan Provincial People’s Congress consultative conference his proposal to enact a law to protect the Great Panda was adopted.  He also  participated in the planning for the construction of the “Deng Xiaoping Old Home Tourism District”;
  • In 2004 he was invited by the Chengdu Jinniu District to devise a plan for the Jinsha Ruins Park.  His proposal for the “Tianfu Gourmet Park” was adopted and became a key project for Chengdu.  On behalf of the Sichuan Cultural Bureau he designed and organized a “Culture and the Creative Industries Forum”; revised and made new suggestions for the “Chengdu City Cultural Tourism Industry Plan”, participated in several important meetings organized by the Chengdu City Propaganda Department, participated in the survey and review of the “South to North Water Diversion Project”.
  • In 2006, he was asked to design the “Chengdu City Eastern Suburbs Creative Industries Park” concept;
  • In 2007 he led the “Chengdu Citizen Ethnic Culture Tourism Development Plan”.  His Botiao River Research Project and the research on the “Small Scale Western Waters Diversion” won the approval of Premier Wen Jiabao.
  • In 2008, he designed the Cultural Tourism Street project for the Xichang City government.  He wrote and distributed an academic report on the issues of the Pengzhou City petrochemical plant project entitled “A Citizen’s Suggestion on the Pengzhou City Petrochemical Project” and sent it to the departments concerned.
  • In 2009 he participated in the “May 12 Student Deaths Survey”.

The facts above demonstrate that Tan Zuoren has contributed for the past twenty years to the construction of Chengdu and of Sichuan Province, to scientific planning and to economic planning, all of which have greatly improved the image of the government.  In his capacity as Chinese citizen or as an outstanding expert, Tan Zuoren has also of course criticized some improper administrative actions of the government.  How could these well-intentioned and honest criticisms can be maliciously understood as incitement to overthrow state power?

3.  The behavior and speech of Tan Zuoren do not constitute this crime.

As everyone knows, the character of the PRC government is a “people’s democratic dictatorship”, that is to say the great majority of the people through democratic means hold state power.  Overthrowing state power, then, having the intention to use anti-democratic methods to destroy the system of people’s democracy.  By looking through all of Tan Zuoren’s writings, one can see that he is a person who passionately loves the people,  supports democracy, and is opposed to autocracy.  Mr. Tan Zuoren is a pioneer of people’s democracy and its guardian, not one who would overturn it and destroy it.   To convict him of incitement to overturn state power contradicts the basic character of PRC state political regime.

V.  Summation

The matters described above are sufficient to prove that none of the accusations of the prosecution about the speech and actions of Tan Zuoren constitute the crime described in Article 151 in the PRC Criminal Code of “incitement to overthrow state power”.  The accusation that Mr. Tan Zuoren committed this crime fails for lack of evidence.

Sichuan since ancient times has been a place where cultured people gather.  Many heroes have arisen throughout the history of Chengdu.  We are confident that Sichuan has sufficient political wisdom to handle the Tan Zuoren case.  Let us quote here a couplet from the Wuhou Temple of Chengdu for the people involved in this case:

“Those able to win people’s hearts are able to eliminate their doubts and their worries; from ancient times people knowledgeable in military affairs have avoided fighting whenever possible; those who are not able to judge situations will make mistakes no matter whether they are strict or lenient. Those who govern Sichuan in the future should deeply reflect upon this.”

The defense earnestly requests that the panel of judges reflect deeply and according to Article 162 of the Law of Criminal Procedure of the PRC, and that they find and proclaim the defendant TanZuoren not guilty.

Defense attorneys:  Xia Lin and Pu Zhiqiang

Beijing Municipality Huayi Law Firm

August 12, 2009

 

夏霖、浦志强两位律师的一审辩护词(转载)

作者:肖雪慧 来源:作者博客 2009-08-17

受王庆华女士之托,公布夏霖、浦志强两位律师的一审辩护词。两位律师在遭受百般刁难的情况下,忍辱负重,以异常克制的态度,在断断续续中坚持发表完辩护词。

辩护词本应照原文发布,无奈,其中包含网上过滤词,为了不难为网管,我对相关词作了一些技术处理。这是一份很珍贵的法律文献,所有关心谭案的人都应该看到。

——肖雪慧特此说明并请广为转帖

=========================================================

谭作人涉嫌煽动颠覆国家政权案

一审辩护词

谭作人案合议庭:

北京市华一律师事务所依法接受本案被告谭作人的委托,指派律师夏霖、浦志强担任谭作人的一审辩护人。接受委托后,我们查阅了案件材料,会见了被告人,进行了大量的调查取证工作。经过法庭调查,我们认为,控方对谭作人的指控不能成立。针对控方起诉书及庭前交换的证据材料,我们发表辩护意见如下:

一、关于控方指控的谭作人撰写《1989:见证最后的美丽—— 一个目击者的广场日记》文章及定性问题

控方指称:“被告人谭作人对党中央处理‘六x事件’方法和定性不满,多年来以各种方式从事所谓纪念‘六x’的活动。2007年5月27日,谭作人炮制了一篇题为:‘1989:见证最后的美丽——一个目击者的广场日记’文章,并将该文通过互联网发布在境外‘自由圣火’等网站,该文主要内容为对党中央处理‘六x事件’进行歪曲描述和诽谤。”

“诽谤”的词典释义是:“无中生有,说人坏话,毁人名誉;诬蔑”(见《现代汉语词典》1983年1月第2版第315页)。控方对谭作人“歪曲描述和诽谤”的指控,是一种事实评价,涉及到谭作人文章内容是否真实的问题。

法庭调查业已查明,《1989:见证最后的美丽—— 一个目击者的广场日记》作于2007年5月27日,系谭作人为回应香港民建联主席马力有关“六x”问题的言论有感而作,其目的是为了澄清事实(见讯问笔录四)。而马力言论发表后,民建联副主席刘江华表示,马力言论并不代表民建联立场,并愿意代为致歉。

本文系谭作人作为目击者对“六x事件”前后,根据本人回忆撰写的回忆文章。控方指控谭作人在文章中进行“歪曲描述和诽谤”,既未随案提交相关证据,庭审中也未“进行正确描述”,何以指证谭作人所述为虚构?

起诉书称谭作人“多年来以各种方式从事所谓纪念‘六x’的活动”,却未有任何证据证明其指控。而据庭审中谭作人自述,其在2007年马力发表言论之前并未以任何方式纪念“六x”,何来“多年”,何来“各种方式”?

辩方认为:控方对被告谭作人此项指控空泛,并无事实与证据支撑,且无法律依据,显然应当驳回。

二、关于控方指控的谭作人与“境外敌对分子”王丹联系,并建议发起义务献血活动的问题

控方指称:“文章刊登不久,境外敌对分子王丹利用电子邮箱与其主动联系,并多次向其投发关于“六x”的宣传资料。

“2008年6月x日,被告人谭作人,与他人在我市天府广场义务献血点以献血的方式纪念‘六x’,期间还接受了境外敌对媒体‘希望之声’的电话采访。

“2008年11月以来,王丹多次向其投发了纪念“六x”进行所谓二十周年活动的相关资料。2009年2月10日被告人谭作人,向王丹发了一份《六x20周年念活动建议》电子邮件,建议在今年‘六x’期间实施所谓的‘六x全球华人义务献血活动’,以纪念‘六x’二十年。”

针对此项控告,辩方认为:

(一)煽动颠覆国家政权的犯罪手段,是以公开方式向不特定的多数人进行鼓动。控方提出的本项事实,系王丹与谭作人的私人电邮往来,不符合本罪的公开性、被煽动对象的不特定性等特征;

(二)王丹的“境外敌对分子”身份,未经国家公示宣告,被告人并不知情;且详查我国刑法,并无“与境外敌对分子通信罪”之罪名。控方已然将王丹定性为“境外敌对分子”,且根据控方陈述,系王丹主动、多次以电子邮件群发方式向其发送涉及“六x”的资料。

详查通信双方历来的政治态度与行为,指控王丹煽动谭作人尚在情理之中;而今居然指控谭作

人企图煽动王丹,显然有悖逻辑与情理。控方显系指控错误。

(三)谭作人建议发起的“六x全球华人义务献血活动”,王丹并未回应、推广。2008年6月,谭作人义务献血一事,察其主观意图是“把我们的爱心献给孩子,把我们的信心献给朋友,把我们的决心献给祖国”,其客观行为是向大地震灾区伤员献血。(以上事实见控方《随案移送证据》)

辩方认为,谭作人的主观意愿与客观行为,根本不具备任何社会危害性,相反是值行提倡与鼓励的社会公益行为,更与犯罪无缘。

三、关于控方指控的谭作人发表的5.12地震有关言论的问题

法庭调查表明:2008年5.12地震发生后,被告谭作人多次接受境内外媒体采访,也多次为他们采访调查当向导,如新华社、《瞭望东方周刊》、《第一财经日报》、《人与生物圈》等杂志,及香港政府所属的香港电台。无论接受境内或境外媒体采访,谭作人的言论都是始终如一的。

而控方却独独强调“谭作人多次接受境外媒体采访,发表了大量严重诋毁我党和政府形象的言论”,显有断章取义,陷人入罪之嫌。

针对此项控告,辩方认为:

(一)控方的控诉非常抽象空洞,一次抛出谭作人的22篇计约数万字采访稿作为证据,察其全文,关涉党和政府救灾之语,扬其长而不溢美,纠其短而不虚饰,到底是哪章、哪句涉嫌煽动颠覆?我们实在无从知晓。

此22篇文章,系控方从谭作人私人电脑中搜罗而来,系谭作人自行编辑置于电脑“我的文档”之内,无一是媒体采访的原件。如此“重案”,何以如此草率,怎可将此文稿视为原件而作为刑事诉讼的证据使用?

(二)庭审查明,谭作人为环保组织“绿色江河”的副秘书长,长期关注西南地区水电建设问题,其发表的关于地震的言论,系从专业角度分析5.12地震的诱因及可预测性,具有科学依据成分,并有大量证据支持。相关证据辩方已向法庭提交。

且四川省地矿局区域地质调查队总工程师范晓、四川大学建筑与环境学院教授艾南山,愿作为辩方证人出庭作证,此时二位专家正在庭外等候,惜为合议庭断然拒绝,我们对此深表遗憾。

(三)庭审表明,谭作人于5.12地震后,在地震灾区对死难学生数目及校舍垮塌原因,进行了先后23次、50余天的现场调查,掌握了大量第一手材料,并在此基础上进行了客观陈述。

其调查表明,震区多所学校都系脆性倒塌,谭作人所述“豆腐渣工程”确实存在。谭作人就此呼吁,彻查校舍垮塌原因、追究相关人士法律责任,天灾不能成为掩盖人祸的托辞。如此言论何错之有,又安能指其为犯罪?

在大量学生死亡场景刺激之下,谭作人或有激愤之词,亦有对教育部门斥责;但辩护人提醒控方:批评并非煽动颠覆,教育部门也无从代表国家政权。以此指控谭作人煽动颠覆国家政权,何其荒谬?

四、关于控方对谭作人行为的法律定性问题

控方认为:“被告人谭作人为了达到颠覆国家政权、推翻社会主义制度的目的而无中生有,捏造消息,散布有损于国家政权和社会主义制度的言论,以损害国家政权和社会主义制度在人民心中的形象。其行为已触犯《中华人民共和国刑法》第一百零五条之规定,犯罪事实清楚,证据确实、充分。应以煽动颠覆国家政权罪追究被告人谭作人刑事责任。”

辩方再次提请合议庭注意,控方将谭作人所做的种种事实陈述,指控为“无中生有,捏造消息”,却并未提交任何与谭作人所述相悖的证据,对指控进行佐证。如控方无法提交相关证据,则其陈述的事实部分不足采信。

以下,辩方对控方本项指控中的法律定性问题提出三点辩护意见:

(一)谭作人的涉案言论系公民批评建议权的正当行使,而非煽动颠覆国家政权,不符合本罪的认定标准

该项罪名于刑法体例中,被置于第一章“危害国家安全罪”之下,究其立法本意,本罪认定标准应以危害国家安全为限。

言论如何危害国家安全?国际社会广泛认可的《关于国家安全、言论自由和获取信息的约翰内斯堡原则》作出了解释。

其中原则5规定:“对保有观点的保护任何人,不得因其观点或信仰而受到任何形式的限制、歧视或制裁。”

原则6规定:“可能威胁国家安全的表达,在遵循原则15和原则16的前提下,威胁国家安全的表达可受制裁,只要政府能证明:(1)该表达意图激起即将发生的暴力;(2)该表达有可能引起这样的暴力;并且(3)在该表达与该暴力的发生或与该暴力发生的可能性之间存在着某种直

接且紧迫的联系。”

我国法律体系当中,并无关于本罪的立法解释及司法解释,故此项国际社会广泛认可的学理解释,可以成为审判的重要依据。经查谭作人的涉案言论,并无任何煽动及可能激起暴力的字句;相反,谭作人一贯的政治主张,是和平的、渐进式的社会改良,其客观效果是维护而非危害国家安全,当然不能符合本罪的认定标准。

我国宪法第四十一条规定:“中华人民共和国公民对于任何国家机关和国家工作人员,有提出批评和建议的权利”。辩方认为,谭作人的涉案言论,属于公民批评建议权的正当行使,理应得到我国宪法的保护,如何能施以“煽动颠覆”的欲加之罪?

(二)谭作人并无煽动颠覆国家政权的主观故意

本罪在主观方面表现为故意,行为人主观上必须具有煽动不特定人或多数人实施颠覆国家政权、推翻社会主义制度的动机。

辩护人认为,要查明行为人的主观动机,需要结合其客观表现,进行长期的、历史的考察。法庭调查表明,且公诉人也已承认不讳:谭作人热心于社会公益,长期以来以其专业能力为政府科学行政作出了卓越贡献。主要事实有:

1996年-1997年在成都市政府凤凰山开发办任总策划,先后主持策划四川国际康复中心、成都市养老托老中心、成都市暂住公寓等项目;

受邀为郫县县政府策划锦官城旅游区、蜀都后花园等项目;

1998年受邀为四川省社科院策划“百千万跨世纪人才工程”;

1999年策划并参与长江源环保纪念碑建设工程;

2000年策划四川省展览馆转型进行策划;

2001年被《成都日报》评为“成都市文明市民”;

2002年策划并实施《百年沧桑·成都巨变》大型影展、在省人大立法咨询会上提出保护大熊猫的立法建议案并获采纳、参加“小平故居旅游区”建设规划;

2004年受邀为金牛区策划金沙遗址公园方案;

2005年在市政府专题会上提交“天府美食公园”方案并被列为市重点筹划项目、为省文化厅策划组织“文化创意产业论坛”、修改充实《成都市都市文化旅游产业规划》、参与市委宣传部多次重要会议、参与“南水北调西线工程”考察调研;

2006年受托编制《成都市东郊创意产业园》概念设计;

2007年主持“成都市民族文化旅游发展规划”课题、其“柏条河调研”、“小西线”调研得到温家宝总理批示认可;

2008年为西昌市政府策划“文化旅游一条街”项目、撰写关于彭州石化问题工程的学术报告并发布《关于彭州石化工程的公民建议书》送有关部门参阅;

2009年参与“5.12遇难学生情况调查”。

以上事实足资证明,谭作人二十年来的主要工作,服务于成都市乃至整个四川省的城市建设、科学规划与经济发展,大大提升了政府的施政形象。无论是作为一位中国公民,抑或作为一位具有卓越贡献的专家,谭作人当然具备对政府不适当行政的批评资格。而这种善意、诚实而中肯的批评,如何能够恶意理解为煽动颠覆国家政权?

(三)谭作人的行为及言论并未侵犯本罪犯罪客体

众所周知,我国国家政权的性质是人民民主专政制度,即广大人民通过民主的手段掌握国家政权。所谓颠覆国家政权,便是意图以反民主的手段,对人民民主制度进行破坏。

纵观谭作人的涉案文章,其中心思想都是热爱人民、呼吁民主、抨击专制。谭作人先生是人民民主的倡导者、维护者而非颠覆者、破坏者。以煽动颠覆国家政权对其定罪,是不符合我国国家政权的基本性质的。

五、结辩

综上所述,足资证明:控方所指控的谭作人的涉案言论及行为,无一满足我国刑法一百零五条煽动颠覆国家政权罪的犯罪构成。意图以本罪指控谭作人先生,在事实上缺乏证据、在法律上毫无逻辑、在政治上不够正确、在社会影响上将陷党和中央政府于不义。

四川自古人文荟萃,成都历来英雄辈出。我们相信,四川方面有充分的政治智慧处理谭作人案。谨在此引用成都武侯祠对联,赠与相关方面:“能攻心则反侧自消,自古知兵非好战;不审势即宽严皆误,后来治蜀要深思。”

辩方恳请合议庭审势深思,依据中华人民共和国刑事诉讼法第一百六十二条之规定,宣告被告人谭作人无罪。

辩护人:北京市华一律师事务所律师

夏霖 浦志强

2009年8月12日

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