The Charter 08 was signed by over three hundred prominent Chinese citizens, and published in 2008. It was conceived and written in admiration of the 1977 Charter 77 in Czechoslovakia. The Chinese document calls not for reform of the current political system, but for an end to it. It wants to abolish one-party rule, and replace it with a system based on human rights and democracy. The publication day, December 10, 2008, was selected because it is the anniversary of the Universal Declaration of Human Rights from 1948. The Declaration is reflected in the Charter because it outlines the vision of a constitutional, democratic China. The authors intend “Charter 08” to serve as a blueprint for fundamental political change in China in the years to come. The signers of the document wanted to form an informal group, open-ended in size but united by a determination to promote democratization and protection of human rights in China and beyond.
On December 8, 2 days before the release, Liu Xiaobo, one of the main organizers, was detained by the police. On 25 December 2009 Liu Xiaobo was sentenced to 11 years in prison for “inciting subversion of state power”. On 8 October 2010 he was awarded the Nobel Peace Prize “for his long and non-violent struggle for fundamental human rights in China.” He is still a prisoner in China.
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A hundred years have passed since the writing of China’s first constitution. 2008 also marks the sixtieth anniversary of the promulgation of the Universal Declaration of Human Rights, the thirtieth anniversary of the appearance of Democracy Wall in Beijing, and the tenth of China’s signing of the International Covenant on Civil and Political Rights. We are approaching the twentieth anniversary of the 1989 Tiananmen massacre of pro-democracy student protesters. The Chinese people, who have endured human rights disasters and uncountable struggles across these same years, now include many who see clearly that freedom, equality, and human rights are universal values of humankind and that democracy and constitutional government are the fundamental framework for protecting these values.
By departing from these values, the Chinese government’s approach to”modernization” has proven disastrous. It has stripped people of their rights, destroyed their dignity, and corrupted normal human intercourse. So we ask: Where is China headed in the twenty-first century? Will it continue with “modernization” under authoritarian rule, or will it embrace universal human values, join the mainstream of civilized nations, and build a democratic system? There can be no avoiding these questions.The shock of the Western impact upon China in the nineteenth century laid bare a decadent authoritarian system and marked the beginning of what is often called “the greatest changes in thousands of years” for China. A”self-strengthening movement” followed, but this aimed simply at appropriating the technology to build gunboats and other Western material objects. China’s humiliating naval defeat at the hands of Japan in 1895 only confirmed the obsolescence of China’s system of government. The first attempts at modern political change came with the ill-fated summer of reforms in 1898, but these were cruelly crushed by ultraconservatives at China’s imperial court.
With the revolution of 1911, which inaugurated Asia’s first republic, the authoritarian imperial system that had lasted for centuries was finally supposed to have been laid to rest. But social conflict inside our country and external pressures were to prevent it; China fell into a patchwork of warlord fiefdoms and the new republic became a fleeting dream.The failure of both “self-strengthening” and political renovation caused many of our forebears to reflect deeply on whether a “cultural illness” was afflicting our country. This mood gave rise, during the May Fourth Movement of the late 1910s, to the championing of “science and democracy.” Yet that effort, too, foundered as warlord chaos persisted and the Japanese invasion [beginning in Manchuria in 1931] brought national crisis. Victory over Japan in 1945 offered one more chance for China to move toward modern government, but the Communist defeat of the Nationalists in the civil war thrust the nation into the abyss of totalitarianism.
The “new China” that emerged in 1949 proclaimed that “the people are sovereign” but in fact set up a system in which “the Party is all-powerful.” The Communist Party of China seized control of all organs of the state and all political, economic,and social resources, and, using these, has produced a long trail of human rights disasters, including, among many others, the Anti-Rightist Campaign(1957), the Great Leap Forward (1958ˆ1960), the Cultural Revolution(1966ˆ1969), the June Fourth (Tiananmen Square) Massacre (1989), and the current repression of all unauthorized religions and the suppression of the weiquan rights movement [a movement that aims to defend citizens’ rights promulgated in the Chinese Constitution and to fight for human rights recognized by international conventions that the Chinese government has signed].
During all this, the Chinese people have paid a gargantuan price. Tens of millions have lost their lives, and several generations have seen their freedom, their happiness, and their human dignity cruelly trampled. During the last two decades of the twentieth century the government policy of “Reform and Opening” gave the Chinese people relief from the pervasive poverty and totalitarianism of the Mao Zedong era and brought substantial increases in the wealth and living standards of many Chinese as well as a partial restoration of economic freedom and economic rights. Civil society began to grow, and popular calls for more rights and more political freedom have grown apace. As the ruling elite itself moved toward private ownership and the market economy, it began to shift from an outright rejection of “rights” to a partial acknowledgment of them.
In 1998 the Chinese government signed two important international human rights conventions; in 2004 it amended its constitution to include the phrase “respect and protect human rights”; and this year, 2008, it has promised to promote a “national human rights action plan.” Unfortunately most of this political progress has extended no further than the paper on which it is written. The political reality, which is plain for anyone to see, is that China has many laws but no rule of law; it has a constitution but no constitutional government. The ruling elite continues to cling to its authoritarian power and fights off any move toward political change. The stultifying results are endemic official corruption, an undermining of the rule of law, weak human rights, decay in public ethics, crony capitalism, growing inequality between the wealthy and the poor, pillage of the natural environment as well as of the human and historical environments, and the exacerbation of a long list of social conflicts, especially, in recent times, a sharpening animosity between officials and ordinary people.
As these conflicts and crises grow ever more intense, and as the ruling elite continues with impunity to crush and to strip away the rights of citizens to freedom, to property, and to the pursuit of happiness, we see the powerless in our society ̃the vulnerable groups, the people who have been suppressed and monitored, who have suffered cruelty and even torture, and who have had no adequate avenues for their protests, no courts to hear their pleas ̃becoming more militant and raising the possibility of a violent conflict of disastrous proportions. The decline of the current system has reached the point where change is no longer optional.
II. Our Fundamental Principles
This is a historic moment for China, and our future hangs in the balance. In reviewing the political modernization process of the past hundred years or more, we reiterate and endorse basic universal values as follows:
Freedom. Freedom is at the core of universal human values. Freedom of speech, freedom of the press, freedom of assembly, freedom of association, freedom in where to live, and the freedoms to strike, to demonstrate, and to protest, among others, are the forms that freedom takes. Without freedom, China will always remain far from civilized ideals.
Human rights. Human rights are not bestowed by a state. Every person is born with inherent rights to dignity and freedom. The government exists for the protection of the human rights of its citizens. The exercise of state powermust be authorized by the people. The succession of political disasters in China’s recent history is a direct consequence of the ruling regime’s disregard for human rights.
Equality. The integrity, dignity, and freedom of every person ̃regardless ofsocial station, occupation, sex, economic condition, ethnicity, skin color,religion, or political belief ̃are the same as those of any other. Principles of equality before the law and equality of social, economic, cultural, civil, and political rights must be upheld.
Republicanism. Republicanism, which holds that power should be balanced among different branches of government and competing interests should be served, resembles the traditional Chinese political ideal of “fairness in all under heaven.” It allows different interest groups and social assemblies, and people with a variety of cultures and beliefs, to exercise democratic self-government and to deliberate in order to reach peaceful resolution of public questions on a basis of equal access to government and free and fair competition.
Democracy. The most fundamental principles of democracy are that the people are sovereign and the people select their government. Democracy has these characteristics:
- Political power begins with the people and the legitimacy of a regime derives from the people.
- Political power is exercised through choices that the people make.
- The holders of major official posts in government at all levels are determined through periodic competitive elections.
- While honoring the will of the majority, the fundamental dignity, freedom, and human rights of minorities are protected.In short, democracy is a modern means for achieving government truly “of the people, by the people, and for the people.”
- Constitutional rule. Constitutional rule is rule through a legal system and legal regulations to implement principles that are spelled out in aconstitution. It means protecting the freedom and the rights of citizens,limiting and defining the scope of legitimate government power, andproviding the administrative apparatus necessary to serve these ends.
III. What We Advocate
Authoritarianism is in general decline throughout the world; in China, too,the era of emperors and overlords is on the way out. The time is arriving everywhere for citizens to be masters of states. For China the path that leads out of our current predicament is to divest ourselves of the authoritarian notion of reliance on an “enlightened overlord” or an “honest official” and to turn instead toward a system of liberties, democracy, and the rule of law, and toward fostering the consciousness of modern citizens who see rights as fundamental and participation as a duty. Accordingly, and in a spirit of this duty as responsible and constructive citizens, we offer the following recommendations on national governance, citizens’ rights, andsocial development:
1. A New Constitution. We should recast our present constitution, rescindingits provisions that contradict the principle that sovereignty resides withthe people and turning it into a document that genuinely guarantees humanrights, authorizes the exercise of public power, and serves as the legal underpinning of China’s democratization. The constitution must be thehighest law in the land, beyond violation by any individual, group, or political party.
2. Separation of powers. We should construct a modern government in which the separation of legislative, judicial, and executive power is guaranteed.We need an Administrative Law that defines the scope of government responsibility and prevents abuse of administrative power. Government should be responsible to taxpayers. Division of power between provincial governments and the central government should adhere to the principle that central powers are only those specifically granted by the constitution andall other powers belong to the local governments.
3. Legislative democracy. Members of legislative bodies at all levels shouldbe chosen by direct election, and legislative democracy should observe justand impartial principles.
4. An Independent Judiciary. The rule of law must be above the interests ofany particular political party and judges must be independent. We need to establish a constitutional supreme court and institute procedures forconstitutional review. As soon as possible, we should abolish all of the Committees on Political and Legal Affairs that now allow Communist Partyofficials at every level to decide politically-sensitive cases in advanceand out of court. We should strictly forbid the use of public offices forprivate purposes.
5. Public Control of Public Servants. The military should be made answerableto the national government, not to a political party, and should be mademore professional. Military personnel should swear allegiance to theconstitution and remain nonpartisan. Political party organizations shall beprohibited in the military. All public officials including police shouldserve as nonpartisans, and the current practice of favoring one politicalparty in the hiring of public servants must end.
6. Guarantee of Human Rights. There shall be strict guarantees of humanrights and respect for human dignity. There should be a Human RightsCommittee, responsible to the highest legislative body, that will preventthe government from abusing public power in violation of human rights. Ademocratic and constitutional China especially must guarantee the personalfreedom of citizens. No one shall suffer illegal arrest, detention,arraignment, interrogation, or punishment. The system of “Reeducationthrough Labor” must be abolished.
7. Election of Public Officials. There shall be a comprehensive system ofdemocratic elections based on “one person, one vote.” The direct election ofadministrative heads at the levels of county, city, province, and nationshould be systematically implemented. The rights to hold periodic freeelections and to participate in them as a citizen are inalienable.
8. RuralˆUrban Equality. The two-tier household registry system must be abolished. This system favors urban residents and harms rural residents. Weshould establish instead a system that gives every citizen the same constitutional rights and the same freedom to choose where to live.
9. Freedom to Form Groups. The right of citizens to form groups must be guaranteed. The current system for registering non-government groups, which requires a group to be “approved,” should be replaced by a system in which agroup simply registers itself. The formation of political parties should be governed by the constitution and the laws, which means that we must abolish the special privilege of one party to monopolize power and must guarantee principles of free and fair competition among political parties.
10. Freedom to Assemble. The constitution provides that peaceful assembly,demonstration, protest, and freedom of expression are fundamental rights ofa citizen. The ruling party and the government must not be permitted to subject these to illegal interference or unconstitutional obstruction.
11. Freedom of Expression. We should make freedom of speech, freedom of the press, and academic freedom universal, thereby guaranteeing that citizens can be informed and can exercise their right of political supervision. These freedoms should be upheld by a Press Law that abolishes political restrictions on the press. The provision in the current Criminal Law that refers to “the crime of incitement to subvert state power” must be abolished. We should end the practice of viewing words as crimes.
12. Freedom of Religion. We must guarantee freedom of religion and belief and institute a separation of religion and state. There must be nogovernmental interference in peaceful religious activities. We should abolish any laws, regulations, or local rules that limit or suppress the religious freedom of citizens. We should abolish the current system that requires religious groups (and their places of worship) to get official approval in advance and substitute for it a system in which registry is optional and, for those who choose to register, automatic.
13. Civic Education. In our schools we should abolish political curriculums and examinations that are designed to indoctrinate students in stateideology and to instill support for the rule of one party. We should replace them with civic education that advances universal values and citizens’rights, fosters civic consciousness, and promotes civic virtues that serve society.
14. Protection of Private Property. We should establish and protect theright to private property and promote an economic system of free and fairmarkets. We should do away with government monopolies in commerce andindustry and guarantee the freedom to start new enterprises. We shouldestablish a Committee on State-Owned Property, reporting to the nationallegislature, that will monitor the transfer of state-owned enterprises toprivate ownership in a fair, competitive, and orderly manner. We shouldinstitute a land reform that promotes private ownership of land, guaranteesthe right to buy and sell land, and allows the true value of private property to be adequately reflected in the market.
15. Financial and Tax Reform. We should establish a democratically regulatedand accountable system of public finance that ensures the protection oftaxpayer rights and that operates through legal procedures. We need a systemby which public revenues that belong to a certain level ofgovernment ̃central, provincial, county or local ̃are controlled at thatlevel. We need major tax reform that will abolish any unfair taxes, simplifythe tax system, and spread the tax burden fairly. Government officialsshould not be able to raise taxes, or institute new ones, without publicdeliberation and the approval of a democratic assembly. We should reform theownership system in order to encourage competition among a wider variety ofmarket participants.
16. Social Security. We should establish a fair and adequate social securitysystem that covers all citizens and ensures basic access to education,health care, retirement security, and employment.
17. Protection of the Environment. We need to protect the naturalenvironment and to promote development in a way that is sustainable andresponsible to our descendents and to the rest of humanity. This meansinsisting that the state and its officials at all levels not only do whatthey must do to achieve these goals, but also accept the supervision andparticipation of non-governmental organizations.
18. A Federated Republic. A democratic China should seek to act as a responsible major power contributing toward peace and development in the Asian Pacific region by approaching others in a spirit of equality and fairness. In Hong Kong and Macao, we should support the freedoms that already exist. With respect to Taiwan, we should declare our commitment to the principles of freedom and democracy and then, negotiating as equals, andready to compromise, seek a formula for peaceful unification. We should approach disputes in the national-minority areas of China with an open mind,seeking ways to find a workable framework within which all ethnic and religious groups can flourish. We should aim ultimately at a federation ofdemocratic communities of China.
19. Truth in Reconciliation. We should restore the reputations of all people, including their family members, who suffered political stigma in thepolitical campaigns of the past or who have been labeled as criminals because of their thought, speech, or faith. The state should pay reparationsto these people. All political prisoners and prisoners of conscience must be released. There should be a Truth Investigation Commission charged with finding the facts about past injustices and atrocities, determining responsibility for them, upholding justice, and, on these bases, seeking social reconciliation.China, as a major nation of the world, as one of five permanent members of the United Nations Security Council, and as a member of the UN Council on Human Rights, should be contributing to peace for humankind and progress toward human rights. Unfortunately, we stand today as the only country among the major nations that remains mired in authoritarian politics. Our political system continues to produce human rights disasters and social crises, thereby not only constricting China’s own development but also limiting the progress of all of human civilization. This must change, truly it must. The democratization of Chinese politics can be put off no longer.Accordingly, we dare to put civic spirit into practice by announcing Charter08. We hope that our fellow citizens who feel a similar sense of crisis,responsibility, and mission, whether they are inside the government or not,and regardless of their social status, will set aside small differences toembrace the broad goals of this citizens’ movement. Together we can work formajor changes in Chinese society and for the rapid establishment of a free,democratic, and constitutional country. We can bring to reality the goalsand ideals that our people have incessantly been seeking for more than ahundred years, and can bring a brilliant new chapter to Chinesecivilization