The Ruler of Law

“Like the fall of Bo Xilai before it, last week’s announcement of a disciplinary investigation into former security chief Zhou Yongkang has been hailed by state media as a demonstration of China’s rule of law. Such a conclusion, even given Beijing’s idiosyncratic interpretation of the phrase, is at least premature,” writes China Digital Times’s Samuel Wade. “Discussing the subject with Jeremy Goldkorn and David Moser on the Sinica Podcast last Sunday, George Washington University law professor Donald Clarke pointed out that the case has not even reached the level of rule by law. No judicial proceedings against Zhou have yet begun, and it is “likely” but “very hard to say” whether they ever will. The Party disciplinary organs that have brought the case this far have no legal foundation, even though this could easily have been created.”

Wade continues his article with quotes from several commentaries discussing the Zhou Yongkang case and what it means for rule of law, neatly summarizing the debate on the topic. Wade’s initial observations are particularly insightful. In straightforward terms, he explains the relationship between recent events and rule of law principles. His brief summary also shows the limited amount of information available to observers. In such a high profile case, this dearth of information hints at a lack of transparency rather than a commitment to rule of law principles.

The announcement of Zhou Yongkang’s disciplinary investigation inspired countless articles, editorials, opinion pieces, and commentaries addressing the case from nearly every conceivable angle and viewpoint. On one side, the Chinese media has issued blanket statements of support for Xi’s “genuine commitment” to combating corruption. Critics, however, have taken the Party to task for their selective enforcement of existing laws.  Although critics have history on their side, the struggle to reveal the politicized nature of the persecution campaign is a testament to the sophistication of Xi’s anti-corruption drive and propaganda efforts, not the Communist Party’s commitment to advancing the rule of law. Despite all the exposure this case has received, the clearest conclusion is that we remain in the dark. Opaque legal proceedings are the antithesis of rule of law.

The inability to pinpoint specific due process violations does not indicate that the Communist Party has gained a newfound respect for rule of law. Rather, the mystery that surrounds Zhou Yongkang’s investigation suggests that China continues to rely on secrecy as a means to control criminal proceedings. In this particular case, even the role of shuanggui, the epitome of secretive Communist Party investigative techniques, remains unknown.

If that weren’t enough, according to George Washington University Law School professor Donald Clarke, the Supreme People’s Court has already announced that Zhou violated state law, despite the fact that the procuratorate has not even issued an indictment.  Such statements demonstrate that China’s highest court has dispensed with any notions of judicial impartiality. Expectations that Zhou would receive due process protections such as choice of counsel, the ability to confront witnesses, a public trial, and freedom from the admission of coerced or overly prejudicial evidence seem fanciful. Guilt is assured.

The Communist Party’s efforts to brand themselves as champions of rule of law are not only disingenuous but dangerous. Applying the veneer of legal legitimacy as cover for a political purge provides fodder for propagandists to deceive casual observers. We should not conflate rule of law and “rule of law with Chinese characteristics.” As Pin Ho and Wenguang Huan of Politico note, “In reality, the Party has never intended to rule China by law because an independent judicial system would threaten its monopolistic rule. China’s legal system has been used to serve the interest of those in power and punish political opponents and dissidents. As a consequence, no one feels safe, not even those who are in power now. In Xi Jinping’s China, those who are investigating Zhou today could just as well end up in jail tomorrow.”

 

keywords: 

Laogai Research Foundation
The Laogai Research Foundation (LRF) was established in 1992 by Laogai survivor, Harry Wu, to gather information on and raise public awareness of the Laogai—China's extensive system of forced-labor prison camps. LRF also works to document and publicize other systemic human rights violations in China, including executions and the harvesting of organs from executed prisoners, the coercive enforcement of China's "one-child" population control policy, and Internet censorship and surveillance. LRF serves as an authoritative source for journalists, researchers, politicians, and other human rights organizations on human rights in China generally and the Laogai and forced labor in China specifically.
Harry Wu, Founder
Laogai Museum Front Desk

Harry Wu knows firsthand the atrocious conditions of the Laogai. In 1960, Wu was imprisoned at the age of 23 for criticizing the Communist Party, and subsequently spent 19 years toiling in the factories, mines, and fields of the Laogai.

He was released in 1979 and came to the US in 1985 with just $40 in his pocket. Since then, he has traveled back to China multiple times to further invesitgate Laogai camps and continue his call for human rights in China.

Wu founded the Laogai Research Foundation in 1992 to gather information on and raise public awareness of the Chinese Laogai.

Mission
LRF's mission is to document and expose the Laogai, China's vast and brutal system of forced labor prison camps, and to promote education, advocacy, and dialogue about China's human rights issues.
History
"Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum."
Museum
Laogai Museum Front Desk

The Laogai Museum is the first museum in the U.S. to directly address human rights in China. It is the hope of the Laogai Research Foundation that the Laogai Museum will preserve the memory of the Laogai's countless victims and serve to educate the public about the atrocities committed by China's Communist regime. First founded in 2008 with the support of the Yahoo! Human rights Fund, the museum reopened in its present location in 2011, becoming a place for human rights victims and advocates to reach out to a larger audience.

The Laogai Research Foundation
1734 20th Street, Northwest
Washington, DC 20009

We are two blocks north of Dupont Circle Metro's North Exit on the Red Line (corner of 20th and S Streets).

Free 2-hour and metered street parking is available throughout the neighborhood.

Hours of Operation

Monday – Friday 10:00 AM – 06:00 PM
Saturday 10:00 AM – 05:00 PM

(202) 730-9308
laogai@laogai.org
www.laogaimuseum.org

Archives

The Laogai Archives are in the offices of the Laogai Research Foundation in Washington, DC.

Due to the suppression of free speech within China, much of the material housed within the Laogai Archives is not available to researchers in mainland China. Thus, the Laogai Archives are in a unique position to support academics, journalists, students, and activists in freely conducting research on human rights in China.

FAQ
  1. What is the Laogai?
    The Laogai is the People’s Republic of China’s prison system. The name of the system is derived from the Chinese expression, laodong gaizao (勞動改造) meaning “reform through labor”. Generally referred to as labor reform camps (勞改隊), the prison system’s structure was developed by the Chinese Communist Party under Mao Zedong. Modeled on the Soviet Gulag, the prison forces prisoners to do hard labor and gives them “political reeducation” to reform their thoughts and behaviors. The PRC also uses the Laogai as a source of free labor for various work, from infrastructure construction and mining, to farming and manufacturing. Through a variety of prison enterprises, the Chinese government earns income off the backs of Laogai prisoners.
    The Chinese definition of the Laogai entails six components.
    • REFORM THROUGH LABOR CAMPS/BRIGADES (勞改營 OR 勞改隊)
      “Reform through labor camps or brigades” house officially convicted and sentenced criminals.
    • PRISONS (JIANYU)

      In 1994, the Chinese government stopped using the word of “laogai,” instead it restored the traditional name of jianyu (prison). But the nature of the laogai system as a tool of rerpression remains the same.
    • REEDUCATION THROUGH LABOR FACILITIES (勞動教養所OR勞教所)

      “Reeducation through labor facilities” house prisoners under “administrative discipline,” meaning that they may be sentenced to up to three years of forced labor without ever having been charged or tried.
    • DETENTION CENTERS (看守所)

      Detention centers house prisoners who are awaiting trial or have gone through a trial but the sentenced prison term is less than one year. They too can be forced to labor.
    • JUVENILE OFFENDER FACILITIES (少年管教所OR少管所)

      Juvenile offender facilities house adolescent convicts or reeducation through labor detainees. In 1983, a regulation was issued that decreased the age from 16 to 14 years old at which children can be sent to reeducation through labor camps.
    • FORCED JOB PLACEMENT (留場就業)

      These facilities were for prisoners who had served out their sentences but were deemed “not completely reformed.” Such prisoners had to stay in the same prison facility, facing the same conditions, and performing the same work just as when they were formal prisoners. The CCP ceased the forced job placement system in the early 1980s.
  2. How is the Laogai different from other prison systems?
    DIFFERENCE IN PURPOSE

    Because of international attention to human rights violations in the Laogai in the early 1990s, the Chinese Communist Party has attempted to create the impression that the Laogai is only a prison system for detaining, punishing, and reforming criminals. It was for this reason that in 1994, the CCP ordered that Laogai, meaning “reform through labor,” no longer be used in government documents. Instead, the system’s institutions were to be called jianyu, “prison.” However, contrary to CCP propaganda, the Laogai is different from prison systems in other countries. Laogai inmates are forced to labor and forced to do brain wash. What is more, they are unprotected by law, including laws against torture and abuse, as can be seen in the following section “Difference in Conditions.” The Laogai system also strengthens the CCP’S control by suppressing dissent among the Chinese people. The Laogai is an integral part of China’s economy, providing an abundance of free labor for manufacturing goods sold in both domestic and international markets.
    DIFFERENCE IN CONDITIONS: HUMAN RIGHTS ABUSES IN THE LAOGAI
    The conditions that persist in the Laogai constitute an additional distinction between it and other prison systems, with the Laogai perpetuating many of China’s most serious human rights abuses.

  3. Who has suffered in the Laogai?
  4. What is the political function of the Laogai system?
    Besides punishing criminals, the Laogai serves as a tool of political repression. China sentences outspoken critics of CCP policy to imprisonment in the Laogai to quell dissent. Suspects punishable by means of laogai or prison terms include the previous “anti-revolutionaries” and present-day “endangering state security” according to the Criminal Law. Suspects punishable by means of Re-education Through Labor according to the CCP’S “Measures for Reeducation through Labor (1957)” include, “counterrevolutionary and anti-socialist reactionaries, whose crimes are minor and not subject to criminal prosecution, and who have been dismissed by government offices, organizations, and enterprises, educational institutions or other units and have no way to make a living.”
    Fear and submission to CCP rule are also perpetuated by recurring “strike hard” campaigns. During these campaigns Chinese authorities implement various penalties, public trials, and previously, public executions, to intimidate its citizens and clamp down on political “crimes”. Trials and sentencing occur rapidly, and those accused of a crime are deemed guilty even before trial. It is under these circumstances that the CCP has continually silenced dissidents.
  5. What is the economic significance of the Laogai?
    Besides being important to China’s communist regime as a tool of repression, the Laogai is also an integral part of China’s economy. Chinese authorities use the millions locked in the Laogai as free labor. Totaling an estimated three to five million, they make up the world’s largest forced labor population. The CCP seeks to use the Laogai for profit.
    Forced labor is seen as another input for economic output. The deliberate application of forced labor by the Chinese government is codified in the Ministry of Justice Criminal Reform Handbook: “Laogai facilities…organize criminals in labor and production, thus creating wealth for society. Our Laogai units are both facilities of dictatorship and special enterprise.” The CCP hopes that by being forced to labor in the Laogai, prisoners will be molded into “new socialist persons.”
  6. Are Laogai goods exported?
    While much of what is produced in the Laogai is consumed domestically, Laogai-made goods also filter into foreign markets by way of third-party trading companies. Recently, rather than attempting to do business directly with foreign companies, Laogai prisons will find a government-owned trading company to act as a middleman and conceal the forced-labor origins of products from importers. Many Laogai prisons also have a second enterprise name; for example, Jinzhou Prison, where Nobel Laureate and democracy activist Liu Xiaobo is believed to be held, also operates under the name “Jinzhou Xinsheng Switch, Co.”, which it uses to market its products to foreign companies over the internet. LRF has evidence that shows Laogai goods repeatedly find their way onto American shelves, despite laws forbidding their importation. Notwithstanding the Chinese government’s claims to the contrary, the CCP encourages exporting Laogai goods.
  7. What is existing U.S. law regarding the importation of Laogai goods?
    Importing forced-labor goods to the U.S. is illegal according to section 1307 of the Tariff Act of 1930. In 1992, the need to confront China about this problem led to the signing of the “Memorandum of Understanding (MOU) Between the United States of America and the People’s Republic of China on Prohibiting Import and Export Trade in Prison Labor Products.” However, China still exports prison labor goods to the U.S. To promote compliance with MOU’s terms, in 1994, the U.S. and China negotiated another agreement: the “Statement of Cooperation on the 1992 MOU between the U.S. and the PRC on Prohibiting Import and Export Trade in Prison Labor Products” (SOC). The SOC defines a mechanism to ensure that China promptly cooperates with U.S. Customs on forced labor inquiries. However, China has done nothing to ensure compliance, and the U.S. never committed resources to enforce the agreement. According to the 1997 “State Department Country Reports on Human Rights,” U.S. Customs unsuccessfully pursued eight standing visitation requests, seven of which dated back to 1995. In all cases, visitation requests were refused or ignored, and allegations were denied without explanation. Cooperation was judged as “inadequate.” In State Department reports from 1999, authorities admit that the MOU has been “nearly impossible” to enforce because China has been “uncooperative.” Throughout the 1990s, only around 20 cases of forced-labor product importation were pursued under the U.S. customs ban. Since 2000, the U.S. government has not attempted to restrict the flow of Laogai goods into the country.
  8. How can I avoid buying products made in the laogai?
    Identifying goods that are made entirely or in part in the Laogai is increasingly difficult. Sub-contracting and complicated global supply chains make discerning the origins of a product daunting. For example, a U.S. clothing maker may contact a Chinese import-export company to find a Chinese plant to cheaply make its clothing. That company may then contract the account to a legitimate Chinese textile firm, which will further sub-contract a portion of the production process to a Laogai camp, where prisoners must fill quotas to earn their food rations, rather than money. Laogai prisoners, toiling in horrible conditions, may also have grown the cotton the clothes are made from. If a product is “made in China” then it is possible it could have been produced in a Laogai.
  9. Should consumers boycott goods made in China?
  10. Are organs harvested from executed prisoners in the Laogai?
  11. What is the "One Child Policy"?
  12. Why do so few know about the Laogai?
  13. What does international law say about the Laogai?
  14. Who is Harry Wu?
  15. What is the Laogai Research Foundation?