Doing business in China: February 2008 Archives

Published by HUMAN RIGHTS IN CHINA
February 28, 2008

On the eve of the Eleventh National People's Congress and the Chinese People's Political Consultative Conference, we, a group of mothers of those killed in the June Fourth Massacre and, therefore, victims ourselves, earnestly request the following of you, the newly elected representatives of the NPC and the CPPCC:

On behalf of those who lost their lives during the June Fourth Massacre, we seek justice and equity to sooth the wounds of history. We wholeheartedly implore each of you: do not disregard the great trust that has been placed in you, do not insult your mission as representatives. Instead, we urge you, the two Congresses, to carry out a direct, equal, and sincere dialogue on the issue of the June Fourth Massacre with the victims and victims' families.

This is the eleventh time we have made an appeal to the NPC and CPPCC sessions. You who serve as the people's representatives and hold sacred legislative power: if you have any trace of conscience left, if your hearts retain even the smallest amount of sympathy, then how can you be so callous and indifferent?

In the past years, to facilitate this dialogue, we repeatedly requested the impartial and rational resolution of the following three points;

1. That the Standing Committee of the NPC form a specialized investigation committee on the June Fourth Massacre. Such committee should conduct an independent, open, and impartial investigation into the June Fourth Massacre and openly publish the results of the investigation, including the names and numbers of those killed in the June Fourth Massacre.
   
   
2. That the Standing Committee of the NPC require the bureau in charge of the June Fourth Massacre to issue a public apology to the family of each casualty of the Massacre in accordance with the law. The Standing Commitee of the NPC should draft and pass a specialized "Law on the Compensation of Victims of the June Fourth Massacre" and give the victims and relatives of the June Fourth Massacre their lawful compensation.
   
   
3. The Standing Committee of the NPC should designate a prosecutorial organ to file and investigate cases from the June Fourth Massacre, and punish those found responsible in accordance with the law.
   

At the same time, we have repeatedly stated: "Issues remaining after June Fourth must be resolved through the legal system, in accordance with the law, without interference by any party, faction or individual. They must not be resolved according to the pattern of previous political campaigns, after which the government has always issued its own account of a 're-evaluation and exoneration.' In light of this, we call upon the National People's Congress to make use of the legislative process to discuss, review and issue a resolution on June Fourth issues."

However, we are disappointed that our requests, year after year, have come to nothing. Now that the 19th anniversary of June Fourth is approaching, and the splendid Olympic Games will be held in Beijing, China's capital, people will say: "This is a government that has sent tanks and armored vehicles into its capital to kill countless innocent students and civilians; a government that for more than 18 long years has not dared to confront the aftermath of the tragedy and has repeatedly refused dialogue with the victims' family members. How can this government face the whole world? Is it really possible that, as the host of the 2008 Olympic Games, the government can be at ease allowing athletes from all over the world to tread on this piece of blood-stained soil and participate in the Olympics?"

"China is making 'progress.' He is like a newly awakened giant, rushing forward in huge strides. The floor shakes because of his footsteps. Yet, how many people know that this giant is rushing forward with an extremely deep wound?" This was written by female Taiwanese writer Long Yingtai. Yes, over the past 18 years, China has witnessed dramatic changes in its economic, political and social arenas. The West has long since given up their sanctions against and isolation of China following June Fourth, and has resumed cooperation in the areas of the economy and trade, technology, culture and even the military. At present, Chinese leaders are making use of high-profile slogans such as "harmonious society" and "peaceful rise." Nevertheless, who can deny the fact that the disastrous aftermath of that brutal massacre, one of the greatest tragedies of our times, even after 18 years, is still unresolved. The wounds deep in the heart of the people are not yet healed. Because of this, the current political and societal landscape continues to deteriorate into disorder and imbalance. This proves that June Fourth, this bloody page in history, has yet to be turned, and remains a "knot" deep inside the people's heart.

Over these past 18 endless years, we, the victims of the crackdown, along with many persons of upstanding moral conscience, have made an effort using many different methods to return historical justice to "June Fourth." We have gradually come to understand from our blood, tears, and pain, that "June Fourth" is not only the misfortune of individual households, but also that of the whole nation. This misfortune originates from suspicion and hostility between individuals, from the Chinese people's indifference toward human life and values, and from a lack of civility and legal order in this land. However, the way to rectify this misfortune is not to counter violence with violence, nor is it for us to murder those of our own social class, as has often happened in Chinese history. One cannot rely on the present rulers' repeated slogans like the "three represents" or "people-friendly strategies." We can only rectify this misfortune by peacefully ending traditional authoritarian politics on Chinese soil and upholding the authority of modern democracy and constitutionalism.

Let each citizen cast away the submissive nature and historical inertia that have been passed down from the imperial era. Let each establish an understanding of the importance of universal human values. Based on this common understanding, we have abandoned the intolerant idea of "an eye for an eye" and the extreme position of countering evil with evil; we have decided instead to use the greatest sincerity and restraint as we seek to peacefully resolve the "June Fourth" heartache. For us, the victims' families, it is difficult and painful to make this rational decision. However, in order to avoid the escalation of conflict and the upheaval of society, we have done so.

We firmly believe history will prove that dialogue is the necessary route for justice and the reasonable settlement of the "June Fourth" problem; there are no alternatives. Nevertheless, history only offers limited opportunities for resolution, and to reject this present opportunity would be to continue this crime against the nation. Now is the time: those leaders who are truly open-minded and have the courage to fulfill their duties should wake up and make some kind of decision.

The world has entered the age of dialogue, yet mainland China remains behind, stagnant, in the age of resistance. This embarrassing and intolerable situation, which no one is willing to face, must end as soon as possible. We note that the Chinese government advocates the use of dialogue to solve differences and disputes in international affairs; we also note that the central government has already set a timetable for the direct election of Hong Kong's Chief Executive. We therefore have even stronger ground for our request that the government solve domestic differences and disputes through a similar method. If China, with its historical tradition of despotic rule, can strive to replace hostility with dialogue, it would benefit the entire nation and be a blessing to all people.

As this country enters into more dialogue, it will manifest more civility and legal order and less ignorance and despotism. We do not blindly believe in the idea of dialogue. It is difficult and tedious. But compared with resistance, dialogue is obviously the higher road. Dialogue should not lead society into opposition and hatred, but rather, into tolerance and reconciliation. In its past history and present reality, our country China has been enormously deficient in this kind of tolerance and reconciliation. Over the past millennium, including these last 100 years, our ancestors have suffered the side-effects of malignant interaction between the government and the people! Today, those with any amount of vision in China should step up their efforts and bravely make new strides forward to end the history of misfortune in our nation.

We are now living in a time of change from despotism to constitutional democracy. This is an unavoidable trend that is in accordance with popular sentiment. In this process of political change, the "June Fourth" incident has stood like a barrier that cannot be passed. The proper settlement of the "June Fourth" question would represent not only a conclusion, but also a new beginning. We hope wholeheartedly that all the representatives will, through your pragmatic endeavors, establish and strengthen the power of the lawmaking body so that settlement of the "June Fourth" issues can soon be added to the agenda. We sincerely hope for each of you that during this session of the NPC and the CPPCC, you do not go against your consciences or let your people down.

Finally, we also sincerely urge China's governing authorities to consider the situation as a whole. Grasp this golden, historic opportunity to respond positively to our aforementioned requests, and propose a timetable for dialogue on the "June Fourth" issues as soon as possible.

By HUMAN RIGHTS IN CHINA
February 20, 2008

Human Rights in China has learned that Shanghai rights defense lawyer Zheng Enchong (郑恩宠) was detained again on February 20 after several days of harassment by police and unidentified thugs. Zheng was released in the evening, but while in detention he was beaten by an unidentified person. Sources in China told HRIC that Zheng was taken away because of legal advice he gave to petitioners and interviews he had recently given to internet news outlets. HRIC condemns the recent beating and harassment of Zheng and is concerned for his safety in light of this escalating persecution. Zheng was wounded and bleeding due to the beating, and reportedly plans to sue the authorities.

"Flouting growing international criticism in the lead-up to the Olympics, the message sent by Chinese authorities is clear: freedom of expression does not encompass any unapproved media interviews, despite new, widely-touted media regulations," said Executive Director Sharon Hom. "If China is serious about rule of law, it must immediately cease the crackdowns on and detentions of lawyers and legal advisors, including Zheng Enchong, Chen Guangcheng (陈光诚), and Guo Feixiong (郭飞雄)."

Human Rights in China also calls on China to demonstrate respect for independent international decisions and release all individuals who have been determined by the UN Working Group on Arbitrary Detention to be in detention arbitrarily. This group includes barefoot lawyer Chen Guangcheng, journalist Shi Tao (师涛), labor activist Yao Fuxin (姚福信), political dissident Hu Shigen (胡石根), and religious activist Li Chang (李昌).

Zheng was also reportedly beaten by the police officers who were following him and his wife Jiang Meili (蒋美丽) on February 16 and 17. Later on the 17th, Zheng was summoned to the police station; he was kept in detention for over 12 hours and was beaten by unidentified men. The police asked him about the recent legal aid he provided to petitioners, as well as the interviews he gave to the Epoch Times on February 12, in which he talked about the corruption case of Shanghai tycoon Zhou Zhengyi (周正毅) and the possible involvement of former CPC leader Huang Ju (黄菊). The interview went to press on February 19.
>> Read complete report

TIME Magazine
February 20, 2008

SpongeBob SquarePants, Mickey Mouse and Pokemon are officially persona non grata on Chinese prime time.

China is extending a ban that virtually locks out all foreign cartoons from airing between 5 p.m. to 9 p.m. in a bid to protect its fledgling domestic cartoon industry.

According to a new ruling Wednesday by the State Administration of Radio, Film and Television, no foreign cartoons or programs introducing foreign cartoons can be shown during "the golden hours" on all domestic cartoon channels and children channels starting May 1.

The move is intended to help "spur the domestic cartoon industry," the agency said.

Only domestic cartoons approved by SARFT are allowed to be aired, according to the regulations. Cartoons co-produced by domestic and foreign producers will have to get approval.

The new regulation expands an earlier ban, imposed in August 2006, that kept foreign cartoons off the air between 5 p.m. and 8 p.m. Domestic cartoon programming increased by 38 percent, SARFT said.

In recent years, a huge influx of foreign cartoons, especially from Japan, have flooded the airwaves, becoming highly popular with Chinese children.

Recent regulations have been aimed at allowing the country's struggling animation studios space to compete. The ban will "enhance the SARFT's management over cartoon programs and will create a favorable environment for the domestic cartoon industry," the agency said.

Aside from foreign cartoons, China has made concerted efforts to control other aspects of pop culture, recently issuing bans against sexually suggestive audio and video products as well as films that contain horror or the supernatural.

Regulators have also issued new warnings against pornography and restrictions on video-sharing Web sites, which are accused of broadcasting pornography.

By WALT BODANICH and JAKE HOOKER | The New York Times
February 16, 2008

A Chinese factory that supplies much of the active ingredient for a brand of a blood thinner that has been linked to four deaths in the United States is not certified by China's drug regulators to make pharmaceutical products, according to records and interviews.

Because the plant, Changzhou SPL, has no drug certification, China's drug agency did not inspect it. The United States Food and Drug Administration said this week that it had not inspected the plant either -- a violation of its own policy -- before allowing the company to become a major supplier of the blood thinner, heparin, to Baxter International in the United States.

Baxter announced Monday that it was suspending sales of its multidose vials of heparin after 4 patients died and 350 suffered complications. Why the heparin caused these problems -- and whether the active ingredient in the drug, derived from pig intestines, was responsible -- has not been determined.

The plant in Changzhou, west of Shanghai, appears to fall into the type of regulatory void that American and Chinese health officials are trying to close -- in which chemical companies export pharmaceutical ingredients without a Chinese drug license.

China provides a growing proportion of the active pharmaceutical ingredients used in drugs sold in the United States. And Chinese drug regulators have said that all producers of those ingredients are required to obtain certification by the State Food and Drug Administration. However, some of the active ingredients that China exports are made by chemical companies, which do not fall under the Chinese drug agency's jurisdiction.

>> Read the complete report

By Ben Shpigel | The New York Times
09 February 2008

When a caterer working for the United States Olympic Committee went to a supermarket in China last year, he encountered a piece of chicken -- half of a breast -- that measured 14 inches. "Enough to feed a family of eight," said Frank Puleo, a caterer from Staten Island who has traveled to China to handle food-related issues.

"We had it tested and it was so full of steroids that we never could have given it to athletes. They all would have tested positive."

In preparing to take a delegation of more than 600 athletes to the Summer Games in Beijing this year, the U.S.O.C. faces food issues beyond steroid-laced chicken. In recent years, some foods in China have been found to be tainted with insecticides and illegal veterinary drugs, and the standards applied to meat there are lower than those in the United States, raising fears of food-borne illnesses.

In the past two years, the U.S.O.C. has tried to figure out how to avoid such dangers at the Olympics. It has made arrangements with sponsors like Kellogg's and Tyson Foods, which will ship 25,000 pounds of lean protein to China about two months before the opening ceremony, but will hire local vendors and importers to secure other foods and cooking equipment at the Games.

>> read complete article

Editorial | The New York Times
February 03, 2008

The F.D.A. -- and American consumers -- got another warning last week about the need for vigilant monitoring of imported drugs from the developing world, especially from China. The contamination of a drug used to treat Chinese leukemia patients should also raise alarms at multinational pharmaceutical companies that plan to outsource manufacturing to China.

There is no sign that the leukemia drug was exported to the United States. So far, some 200 people in China appear to have been paralyzed or otherwise harmed. Given the manufacturer's expanding role in the export of drugs and active ingredients around the world, the lax practices revealed could sooner or later harm patients virtually anywhere.

The case was described last week in an article by The Times's Jake Hooker and Walt Bogdanich. Shanghai Hualian, a division of a huge state-owned pharmaceutical company, produced a leukemia drug that was somehow contaminated with another cancer drug during production. When the product was injected into the patients' spinal area, it caused paralysis and other side effects.

When Chinese regulators began to investigate the cause of the adverse reactions, plant workers tried to cover up what had happened, delaying corrective action. The government has now closed the factory and detained two company officials in a criminal investigation.

The same company is the sole supplier to the United States of the abortion pill known as RU-486. That pill is made at a different factory that passed an F.D.A. inspection in May and was inspected three times in recent months by Chinese drug regulators. Still, in light of the company's current difficulties, the F.D.A. would be wise to reinspect the plant promptly to ensure that the RU-486 production facility is adhering to rigorous quality control procedures.

This incident is one more frightening reminder of why Congress and the White House need to move quickly to strengthen the F.D.A. and other regulatory agencies to ensure that they can adequately monitor foreign producers and intercept dangerous products before they can harm American consumers.