Exploring the Human Rights Footprints of China's New Leaders

Transcription

1 DIALOGUE The quarterly newsletter of Dui Hua, a nonprofit humanitarian organization advancing clemency and better treatment for at-risk detainees through well-informed, respectful dialogue with China Issue 49 Fall 2012 Exploring the Human Rights Footprints of China's New Leaders After delays caused in large part by the scandal involving disgraced Chongqing Party Secretary Bo Xilai, the 18th Congress of the Communist Party of China (CPC) will convene in Beijing on November 8. A new leadership will be announced at the end of the congress, including that of China s paramount political body, the Standing Committee of the Politburo, whose membership is likely to be reduced to seven from nine. This downsizing could have important consequences for human rights and rule of law in China as it would likely eliminate the seat currently occupied by the chairman of the Central Politico-Legal Committee (PLC). The PLC is responsible for stability maintenance (weiwen) and oversight of the public security and state security apparatuses, procuratorates, and the Ministry of Justice. If the seat held by the PLC chief is eliminated, it could signal a de-emphasis on the current policy of stability above all else, which has been used to trample dissent. Politburo Standing Committee members elected at the 17th party congress in Photo credit: Xinhua Although the full line-up will not be certain until it s announced, it is virtually certain that Xi Jinping will be named as the next party secretary (replacing Hu Jintao), and that Li Keqiang will assume the number two position (replacing Wen Jiabao). If this occurs, these two men are also expected to assume the respective positions of president and premier in March Others who may be elected to the Politburo Standing Committee include: CPC Organization Department head Li Yuanchao, the former party secretary of Jiangsu Province; Vice-Premier Wang Qishan, who is in charge of economics and trade policy; Chongqing Party Secretary Zhang Dejiang, Bo Xilai s replacement; Tianjin Party Secretary Zhang Gaoli; Guangdong Party Secretary Wang Yang; and Shanghai Party Secretary Yu Zhengsheng. Whoever makes the cut, the body will face a host of serious challenges. China s economy is slowing, with manufacturing, exports, and imports all exhibiting weakness. The country is embroiled in territorial disputes with its neighbors most ominously with Japan, its largest trading partner that highlight the increasing influence of China s assertive military. Social unrest is also rising, as are calls for political reform. State Counselor Niu Wenyuan said there were an average of 500 mass incidents every day in 2011, and the number has shown no sign of abating. The numbers of arrests and prosecutions for endangering state security also remain high. On top of these challenges, in this issue Exploring the Human Rights Footprints of China s New Leaders Cover Story P. 3 P. 5 P. 8 P. 10 P. 11 Polls: Americans Prioritize Human Rights in China Dui Hua Hosts Third Juvenile Justice Expert Exchange with China Introducing Group Homes to China s Juvenile Justice Experts Juvenile Records Sealing Dui Hua News

2 the new leadership will have to deal with the outcome of the US presidential election taking place just two days before the party congress convenes (see Polls, p. 3). Human rights is where these issues intersect and looking at the records of Standing Committee candidates may indicate the direction of traffic. Set to become the first party secretary not to have been blessed by either Mao Zedong or Deng Xiaoping, and the youngest party secretary to assume power since Hua Guofeng in 1976, Xi Jinping is more likely to rule by consensus than fiat. Understanding the human rights footprint of Xi and those who may, or may not, join him on the new Standing Committee can help chart the future development of human rights in China. Xi Jinping: A Pragmatic Conservative Prior to moving to Beijing to take up the position of vice-president and Standing Committee member, Xi Jinping served as deputy party secretary in Fujian Province ( ) and party secretary in Zhejiang Province ( ). He gained a reputation for targeting independent trade unions in Fujian and underground house churches in Zhejiang. Yet, while he was Zhejiang party secretary, he readily approved the release on medical parole of Wang Youcai ( 王有才 ), co-founder of the China Democracy Party, in March In Fujian, Xi oversaw the April 2002 arrests of Li Jianfeng ( 李建峰 ) and seven other activists who formed an independent trade union. All received stiff sentences, with Li sent to prison for 16 years. After Xi departed from Fujian for Zhejiang, those imprisoned in the case began to be granted clemency. As of early Mass Incidents Handled in Zhejiang under Party Secretary Xi Jinping Type Petitioning Illegal assembly, parade, demonstration Surrounding, attacking party or government buildings Disrupting traffic Mass fighting with weapons Obstructing performance of official business Causing serious disturbances, riots Smashing, looting, burning Total 1,739 2,950 2,211 1,658 Source: Compiled from annual editions of Zhejiang Province Public Security Records. last year (when Dui Hua was last updated), all but Li Jianfeng had been released. After receiving sentence reductions totaling 38 months, Li will not be free until February 2, During Xi s tenure as party secretary, Zhejiang imprisoned more members of the China Democracy Party one of the largest underground opposition parties to develop in China after the founding of the People s Republic than any other province, according to Dui Hua s Political Prisoner Database (PPDB). But in the wake of 9/11, then Party Secretary Jiang Zemin adopted a strategy of freeing political prisoners to court warmer relations with Washington. Regional party secretaries were asked to support the strategy and facilitate releases. Xi readily agreed to release Wang Youcai. Others were less agreeable. Xinjiang Party Secretary Wang Lequan strongly resisted the release of business woman and Uyghur rights activist Rebiya Kadeer during 2004 and Wang didn t concede until he received a direct order from Jiang s successor, Hu Jintao. Under Xi s reign, 2005 marked the first time in recent years that police were transferred between cities in order to quell mass incidents, according to provincial public security yearbooks. The number of mass incidents declined in 2006 and 2007 (see table). After Xi s arrival in Beijing, he teamed up with Standing Committee member and PLC chief Zhou Dialogue 2

3 Yongkang to establish a stability maintenance office to silence dissidents around sensitive anniversaries like National Day or June 4. Although Xi is seen as a supporter of growth and pro-economic reform, he has little patience for critics of China s human rights record. He has deemed international actors as foreigners, with full bellies, who have nothing better to do. He has also shown no interest for political reform in China or democracy in Hong Kong. Observers believe that as head of the Central Committee s Hong Kong-Macao Affairs Leading Small Group, Xi instructed China s Hong Kong-based representatives to lobby for the election of C. Y. Leung as Hong Kong s chief executive. This would have violated the spirit, if not the letter, of Hong Kong s Basic Law, which guarantees selfgovernance. Li Keqiang: Strict Enforcer of Stability Li Keqiang became deputy party secretary of central China s Henan Province sometimes called China s Bible belt for its high concentration of evangelical Christians in June 1998 and rose to become party secretary in December After serving two years as Henan party secretary, he was transferred to Liaoning Province in China s heavily industrialized northeast home to a large population of Falun Gong practitioners where he served as party secretary (December 2004 October 2007) before relocating to Beijing to serve on the Politburo Standing Committee. During his time in Henan, villagers who sold blood to government-run blood banks were infected by AIDS, and thousands perished. In some AIDS villages, the entire adult population was decimated. Li has been criticized for trying to cover up the blood-trade scandal, failing to hold government officials accountable, and overseeing the harassment and house arrest of whistleblowers like Dr. Gao Yaojie ( 高耀洁 ) and Wan Yanhai ( 万延海 ), both of whom have fled to the United States. In Liaoning, Li is said to have suppressed media coverage of devastating fires and strikes at state-owned enterprises. In an unrelated case, poet and journalist Zheng Yichun ( 郑贻春 ) was sentenced to seven years Polls: Americans Prioritize Human Rights in China To an extent not seen in previous US presidential campaigns, how to deal with a rising China has been a major issue in the 2012 contest. Romney has repeatedly said he d name China a currency manipulator the day he takes office and otherwise crack down on Chinese cheating. Obama has showcased the actions he s taken against Chinese imports and has accused his opponent of investing in Chinese companies and shipping American jobs to China. American public opinion polls seem to have been fueling attempts to appear tough on China. In 2012 alone there were at least three polls showing doubledigit drops in China s favorability ratings. The polls reveal deep concern over China s growing economic and military might, but none of them explicitly examine American attitudes towards China s human rights record. In September 2012, however, the Pew Global Attitudes Project conducted a poll of American attitudes asking specifically about human rights in China. Querying how important promoting human rights was for US policy towards China, 53 percent of the general public said that it was very important, while an additional 28 percent called it somewhat important. Choosing between the very important issues they identified, 19 percent of respondents selected promoting human rights as most important. This was the third most popular selection, lagging nine points behind the leader, build[ing] a strong relationship with China, and six points behind be[ing] tough on economic and trade issues. (continued on p. 4) 3 Fall 2012

4 imprisonment by the Yingkou Intermediate People s Court for his pro-democracy writing. He was released last December after completing his full sentence. Drawn largely from workers whose livelihood was squelched by the shuttering of state-owned enterprises, Liaoning has one of the highest populations of Falun Gong practitioners in China. Dui Hua s PPDB includes the records of 284 Falun Gong practitioners sentenced in Liaoning during Li s term as provincial party secretary. Evidence suggests that Falun Gong was not the only religious movement targeted. In November 2006 seven followers of Zhonggong or the China Healthcare and Wisdom Enhancement Practice, a sect banned in same year as the Falun Gong were detained and given long prison sentences, some of which remain on-going. Li Yuanchao: A Cautious Reformer Of all of the candidates in the running, Li Yuanchao has exhibited the greatest tolerance for dissent as well as a measure of sympathy for political prisoners. This has been held against him in the past and could well affect his chances to join the Standing Committee. If he is elected, he will likely advocate for political reform within the confines of one-party rule. In 1991, Li was appointed deputy director of the State Council Information Office. The tragic events of June 4, 1989, were still very much on the mind of the international community, and Li saw the value of releasing protesters and other political prisoners from the Democracy Wall era. (In his position as a senior member of the Communist Youth League in the late 1980s, Li authorized the publication of articles supportive of the student protests, causing him to temporarily fall out of favor.) Working with American businessman John Kamm (now executive director of Dui Hua), Li helped publicize the releases of scores of prisoners. Li was given mid-career training at Harvard Kennedy School in the early 2000s. Speaking at the school in 2009, he credited this training with his ability to maintain transparency during a Nanjing food poisoning crisis. During his tenure as party secretary of Jiangsu ( ), Li earned a reputation for being tough on corruption. He also became known for his concern for the environment and ordered the closure of thousands of chemical plants that were polluting the province s many scenic places, including Taihu Lake. Unlike Xi Jinping, he took a soft approach to handling mass incidents, and very few dissidents were arrested and prosecuted during his tenure, according to the PPDB. In his current post as Organization Department chief, Li is known for his opposition to Bo Xilai s attempt to revive Maoism. Immediately after Bo was deposed, Li addressed the assembled cadres and told them that Bo s reign during which many human rights abuses were committed in the name of strike black campaigns against organized crime was over. (continued from p. 3) In January 2011, 40 percent of Americans thought that it was very important to do more to promote human rights in China, while 32 percent thought it was somewhat important, according to a Pew Research Center poll. Consistent with this later finding, a CNN/Opinion Research Corporation poll found in February 2010 that Americans felt taking a strong stand on human rights in China (53 percent) was more important than maintaining good relations with China (44 percent). American disapproval of China s human rights situation was summed up by the same polling organization in November 2009: 68 percent of Americans gave the Chinese government mostly bad or very bad marks for respecting the human rights of its citizens. Despite economic concerns, promoting human rights remains among the top priorities that Americans identify for the US government s foreign policy initiatives towards China. How the winner of the 2012 presidential election manages the public s expectations is likely to be one of the biggest challenges of US- China relations over the next four years. Dialogue 4

5 Dui Hua Hosts Third Juvenile Justice Expert Exchange with China Chinese and US participants and Dui Hua directors and staff attend a welcome dinner at Director Maggie Yum's home. China s dedication to juvenile justice reform has led to a decline in national delinquency and the emergence of specialized treatment for youth at odds with the law. While much has been accomplished since China established its first juvenile tribunal in 1984 (see Landmarks, p. 7), further development informed by international methods remains crucial. Looking towards the implementation of new juvenile procedures introduced in amendments to China s Criminal Procedure Law (CPL) earlier this year, Dui Hua hosted its third Juvenile Justice Expert Exchange with China s Supreme People s Court (SPC) in September. The two previous exchanges, held in 2008 and 2010, introduced progressive measures for handling juveniles that were largely incorporated into China s amended CPL. The third exchange brought a Chinese delegation of seven juvenile judges and experts to the Bay Area to tour juvenile facilities, observe trials, and meet with local experts in San Mateo, San Francisco, and Santa Clara counties. Senior Judge Ma Dong of the SPC Juvenile Court Guiding Group led the delegation and was joined by two colleagues from the SPC Juvenile Court Work Office and four judges from the provincial courts of Heilongjiang, Hunan, Henan, and Fujian. Rehabilitation and Restorative Justice The delegation first traveled to San Mateo County where they were hosted by Judge Elizabeth Lee at the Youth Services Center (YSC), a state-of-the-art facility for juvenile offenders with an emphasis on rehabilitation and restorative justice. Due to YSC s integrative design, delegates were able to learn about the functioning of San Mateo s entire juvenile justice system all in one place. Composed of courtrooms, a detention center, a fully accredited school, and the county s juvenile probation department, YSC allowed delegates to gain first-hand experience in everything from intake by police to release on probation. The importance of probation officers in enforcing court dispositions and monitoring rehabilitative progress was one recurring theme. It was showcased during a ride-along with the San Mateo Juvenile Probation Department. Chinese delegates accompanied three probation officers into the field to make unscheduled house visits to youth on probation. The purpose of the routine visits is to ensure that youth are abiding by the conditions of their probation and that their homes are safe and free of dangerous or suspicious activity. During the ride-along, one youth agreed to talk with Chinese delegates about the conditions of his probation and his experience in the justice system. Taking advantage of the unexpected meeting, the judges asked him whether he faced any social stigmas and what his plans were after probation. In a system without probation officers to split heavy caseloads, Chinese juvenile judges are often unable to provide much individual attention to juvenile cases. 5 Fall 2012

6 Chinese delegates also observed a mock victimoffender mediation, which displayed the cooperative nature of San Mateo s Juvenile Mediation Program and its capacity to provide compassionate resolution to juvenile delinquency. The mock mediation which involved a juvenile who stole a laptop from a home and sold it to a friend was conducted in three parts, each involving different participants: offender-mediator, victim-mediator, and victimoffender-mediator. After emotional testimonies from both sides, the offender met her victim face-to-face to apologize and express remorse for her actions. The mediation ended with the parties agreeing to a peaceful and practical resolution. Specialized Courts, Record Sealing In San Francisco, the delegation learned about the Juvenile Collaborative Reentry Team (JCRT), a specialized juvenile court which focuses on coordinating and implementing comprehensive reentry plans and aftercare services for high-need youth soon to be released from out-of-home placement. The goal of the court is to reduce recidivism, and in only a few years of operation, this is being achieved. In 2011, 12 percent of youth served by the JCRT committed an additional offense, compared with 41 percent of San Francisco youth not served by that court. (In a recent white paper on judicial reform, China said that juvenile recidivism remained around 1 2 percent from 2002 to 2011, but how recidivism is defined is unclear; aftercare services are limited in China.) The JCRT is led by Superior Court Judge Kathleen Kelly and supported by the San Francisco Juvenile Probation Department, the Public Defender s Office, and a community-based aftercare service. Santa Clara County welcomed delegates to observe a morning session of its Juvenile Treatment Court. Led by Judge Carrie Zepeda, the court provides intensive, multi-agency treatment and services to youth whose legal troubles started with substance abuse. During the proceedings, Judge Zepeda met with nearly a dozen service providers from various agencies to consider five specific cases. After discussing progress reports, the juvenile s issues at home and school, and their relationships with family and friends, the team proposed next steps in the treatment program. Youth are not present during the morning sessions but are brought into the court during same-day afternoon sessions for a status report and update Top: Henan intermediate court Vice-President Li Qihong (right) tours a San Mateo juvenile detention facility with interpreter Sonia Ng Bottom left: San Mateo County volunteer mediators (seated) stage mock juvenile mediation Bottom right: Chinese delegates (back row) observe Santa Clara's Juvenile Treatment Court Dialogue 6

7 on the decisions that were agreed upon during the morning session. Together with juvenile records sealing, specialized courts help troubled youth make a fresh start. For more than 50 years, records sealing has been a common way to promote rehabilitation in the United States. In 2011, the practice was incorporated into China s amended CPL. While in Santa Clara, Judge Leonard Edwards (ret.) primed delegates on best practices (see Juvenile, p. 10). Roundtable Wrap-Up The exchange program ended at UC Hastings College of the Law in San Francisco. The Chinese delegates were joined by local law professors and experts for a roundtable session organized by Dean Frank Wu and Associate Professor Keith Hand. The forum provided an academic yet relaxed conclusion to the week of programs. SPC Judge Jiang Ming gave an informative presentation on the expansion of juvenile justice in China, highlighting the achievements and reforms that have been made over a short period of development. UC Hastings professors followed up with short presentations on a collection of topics, including how juvenile delinquency is taught in American law schools a topic suggested by the Chinese delegation. Near the conclusion of the roundtable, San Francisco Judge Julie Tang offered a brief summary of the programs over the past week and the importance of the exchange in improving the lives of young people in both China and the United States. Chinese delegation leader Senior Judge Ma Dong closed the event with an expression of gratitude for the hospitality his group received and an acknowledgement that the deeper and more comprehensive understanding of effective juvenile programs gained by the delegation throughout the exchange will have an impact on their work in the future. In addition to those mentioned above, Dui Hua would like to recognize San Francisco Superior Court Judge Lillian Sing, California Supreme Court Justice James Lambden, and interpreters Sonia Ng and Chi Ho Chan. Landmarks in Chinese Juvenile Justice Less than 30 years ago, China had just one juvenile tribunal. Today, there are 2,331 juvenile tribunals and 7,450 judges adjudicating juvenile cases. The Supreme People s Court (SPC) divides the history of China s juvenile justice system into four phases: 1. Juvenile court pilots ( ); 2. Nationwide expansion of juvenile courts ( ); 3. Development of institutional systems and mechanisms ( ); 4. Reform and gradual improvement (2004 present). Below are some highlights Shanghai establishes first juvenile tribunal Jiangsu establishes first comprehensive juvenile court to hear criminal, civil, and administrative cases Jiangsu establishes first inter-regional juvenile tribunal to hear juvenile cases in a centralized manner SPC launches juvenile court pilots at the intermediate-court level Dui Hua, SPC hold first Juvenile Justice Expert Exchange in US Dui Hua, SPC hold second Juvenile Justice Expert Exchange in China Criminal Law amendments include juvenile probation, lenient sentencing, etc. Criminal Procedure Law (CPL) amendments include juvenile records sealing, diversion, etc. SPC jointly issues regulations on community corrections Dui Hua, SPC hold third Juvenile Justice Expert Exchange in US 2013 CPL effective January 1 7 Fall 2012

8 Introducing Group Homes to China s By Judge Julie Tang Juvenile Justice Experts I have been fortunate to be a part of the juvenile justice exchange programs sponsored by Dui Hua since From these exchanges, I had the opportunity to learn about one of the most serious problems facing China s criminal justice system: the migrant youth-offender. Dui Hua has published many articles since 2008 about the problem of juvenile offenders in China. Official data suggests that more than 60 percent of juveniles convicted in China are incarcerated. Many of them are children of migrant workers who do not have the time or resources to properly supervise their children. To compound the problem, many of these youth do not have access to schools because of the policy of hukou (or house registration) a national policy that a youth must have a registered residence in the city in order to be qualified to go to a public school in that city. Many of these young people have no jobs, schools, or any structured activities and commit crimes to make ends meet. The migrant youth-offender problem has become so serious that China s Supreme People s Court has made juvenile justice reform one of the nation s priorities. When I visited the Guangzhou Intermediate People s Court in November 2011, I observed the trial of a migrant youth who was accused of snatching a necklace from a victim. He was arrested almost instantaneously. The necklace was returned and the victim was unharmed. At the time of the trial, the minor had been detained for more than six months. The judges who tried the case shared with me the reason for the long detention and their dilemma: The young man s parents were migrant workers and not locatable, and there were no living relatives identified. Under Chinese law, a minor cannot be released from detention unless a parent, or a suitable relative, steps up to accept the minor into his/her home. Top: Tang (front row, fourth from right) with Chinese delegates and staff of the San Francisco Boys & Girls Home at the group home. progressive federal and state legislative actions, we have Title IV federal funding and some local funds to provide shelters in the form of group homes, which house minors temporarily while their cases are pending or for long-term placement during rehabilitation. As judges, we are required by law to place a minor in the least restrictive placement after considering community safety while the minor is awaiting trial, or after conviction. At present, out of a caseload of approximately 650 minors in our San Francisco juvenile courts, about 65 minors are detained in the temporary, locked-detention facility while awaiting trial. After conviction, we send, yearly, on average, 5 youth, the most serious and violent offenders as defined by the statue, to a highly secured and locked facility called the Department of Juvenile Justice, with potential confinement until they turn 23 years of age. For the majority of the minors who are repeat or even serious offenders, we rely on group homes for involuntary outof-home placement. Currently, we have approximately 160 minors assigned to out-of-home placements in group homes. The rest are allowed to reside in the home of their parents or guardians with specific probation conditions such as school, curfew, no drugs or weapons, drug or anger management programs, etc. In the US, we face these problems on a daily basis. But thanks to many years of evolving juvenile law, and The group homes allow for rehabilitation, rather than punishment; this is an established judicial philosophy Dialogue 8

9 and statutory mandate for the treatment of juvenile offenders. This alternative provides a safe, highly structured and disciplined environment where the minor is required to go to school and participate in a program to rehabilitate him/her from crimes and drugs. Many group homes specialize in substance abuse and mental health treatment. Other group homes focus on vocational and educational programs or gang abatement. We try to place a minor in a program that meets his/her specific needs. Group homes are not locked facilities, but they are supervised and managed by professionals licensed to run the homes for young offenders. These group homes serve a vital function in housing minors who may not have a home to return to. Others are placed in group homes upon a determination by the court that there is substantial risk of harm to the minor or the community if he/she were to be returned to the parents, and that out of home placement is necessary to rehabilitate the minor and keep the community safe. In the September 2012 exchange with China s Supreme People s Court, we had the opportunity to show the Chinese delegation an example of a group home: the San Francisco Boys & Girls Home. The Chinese delegates were extremely interested and asked many questions such as the monthly cost for housing a group-home resident. I mentioned the example of a 15-year-old young man, a recent immigrant from China who was temporarily sheltered in the group home while awaiting trial. At the group home, he had his own room and was driven to and from school every day. He participated in communal cooking and cleaning at the home and received on-site therapy for anger management and other cultural sensitivity training. He even had a temporary job while living at the group home. After 90 days, it was determined that it was safe for him and the community to release him back to his parents. His case was later settled for probation. It is my and Dui Hua s sincere hope that through the exchanges with China s Supreme People s Court, both China and the US will continue to adopt the reforms that promote rehabilitation of one of the most important and vulnerable parts of our community the youthful offender and provide them the protection, compassion, and support they need to safely rehabilitate to become a useful member of society. Judge Julie Tang has served as judge of the San Francisco Trial Court since 1991, first as Municipal Court judge and elevated to the Superior Court in She is a former assistant district attorney for the City and County of San Francisco. Judge Tang is deeply involved in organizations addressing issues of concern to Chinese communities. US Participant Perspectives on the Juvenile Justice Expert Exchange It is precisely the role probation officers play that puts into real practice all of the important orders the judge puts into place to help rehabilitate youth and protect the public. William P. Siffermann Chief Probation Officer SF Juvenile Probation Department There are elements of Chinese culture and judicial practice that are of value to us here in the US. I am particularly impressed by the goals to rehabilitate and restore youths as responsible members of their family and the community. Allen Nance Assistant Chief Probation Officer SF Juvenile Probation Department 9 Fall 2012

10 Juvenile Justice Expert Exchange In San Mateo County, we strive to understand the unique circumstances and social history of each juvenile in order to find the best disposition for him or her. As judges, we don t make these decisions in a vacuum. We rely heavily on the information and recommendations provided to us by probation officers, attorneys for the minors, and the district attorney s office. We also do our best to implement programs and services for youth that are based on evidence based practices. Through the exchange, we learned that Chinese judges are not always provided with the same types of resources and tools that we have here in the United States. Through the sharing of our best practices and programs, we hope that the delegation gained further insight into how future reform may be carried out in China. Judge Elizabeth Lee Superior Court of San Mateo County Juvenile Records Sealing Q&A with Judge Leonard Edwards (ret.) Why should juvenile records be treated differently from adult criminal records? We treat children differently from adults for criminal behavior because children are developing beings whose brains and personalities have not been fully formed. They are not as responsible for their actions as adults are. Moreover, it has been the experience throughout the world that children can be rehabilitated and become productive members of society whereas it is much more difficult to rehabilitate an adult. What do juvenile court records have to do with rehabilitation? A record can follow a person through life. If available to employers or schools, it can limit a person s ability to secure employment or positions of trust. Are there some juvenile records that should not be sealed? When a youth commits very serious crimes, perhaps his or her record should not be sealed. Legal education is the foundation for building meaningful reform, and our panel discussion provided a forum for Chinese and US participants to engage in lively discussion on the current and future challenges faced by juvenile justice advocates. Keith J. Hand Associate Professor UC Hastings College of the Law After your record has been sealed, can you say you ve never been in juvenile court? If the record has been sealed or destroyed, the person should be able to say I have never been in the juvenile court. Yet that is an untruthful statement. Two approaches might be employed. First, a law could prohibit employers, schools, or other agencies from asking persons about juvenile records. Second, the juvenile court could inform the person that he or she could deny any contact with the juvenile court. Learn more. Read the full article on Human Rights Journal duihuahrjournal.org Dialogue 10

11 Dui Hua News Reference Materials Go Online Dui Hua launched a new blog featuring translations of Chinese research findings in October. The Reference Materials blog shares the name of the now retired print publication that was offered to diplomats, scholars, and human rights activists from 2009 through September The electronic version offers a searchable format that is open to the public. Every month, Dui Hua will post English translations of Chinese open source documents related to prisoner cases, criminal justice statistics, and regulations. hosted the annual Friends of Dui Hua DC Reception. Around 30 close friends and supporters came out to hear about recent human rights developments and the impending leadership transition in China. Kamm updated guests about Dui Hua s recent successes and upcoming programs in the areas of juvenile justice and women in prison. Kamm also met with members and staff of the Congressional Executive Commission on China and the US-China Economic and Security Review Commission as well as officials of the US Department of State and the US National Security Council. Juvenile Justice on the Air Left: Dui Hua launches new research blog. Right: Executive Director John Kamm talks to RTHK about juvenile justice. Photo credit: Radio 3. Reference Materials archives are not available online but are available for purchase. For more information, please send us an . East Coast Engagement In late September, Kamm went to the East Coast for meetings in New York and Washington DC. In both cities, senior Chinese diplomats met with Kamm to have candid discussions about the heated standoff in the East China Sea and the tough positions on China held by US presidential candidates (see Polls, p. 3). Kamm also met with executives of New York-based hedge funds to talk about the current state of US- China relations and the uncertainties surrounding China s upcoming National People s Congress slated for March In Washington DC, Dui Hua Director Linda Ziglar During his trip to Hong Kong in August, Kamm joined RTHK radio host Gavin Grey on Morning Brew to talk about juvenile delinquency in China and the US, and relevant areas for improvement and exchange. Kamm emphasized the importance of Dui Hua s Juvenile Justice Expert Exchange (see p. 5) with China s Supreme People s Court. China currently incarcerates over 60 percent of its juvenile offenders and is working to implement new juvenile procedures that will introduce more diversionary and rehabilitative services as alternatives to incarceration. Organizing for Women in Prison While in Beijing in August, Kamm met with Renmin University Law School s Center for Criminal Procedure and Reform to discuss possible cooperation on an international conference on the Bangkok Rules. Known formally as the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders, the rules have yet to gain the attention of prison authorities worldwide, despite their focus on the world s fastest growing prisoner demographic women. A possible venue for the conference is Hong Kong, and discussions are underway to confirm a local partner. With women accounting for nearly 20 percent of its 11 Fall 2012

12 prisoners (only about seven percent of US prisoners and six percent of Chinese prisoners are women), Hong Kong has one of the highest percentages of women prisoners in the world. Many women incarcerated in Hong Kong are from mainland China. Helping bring attention to the needs of incarcerated women and foster international partnerships, Kamm was quoted extensively by The New York Times in a September article entitled, Women in Prison Fare Better in China. During the same month, Kamm met with Andrea Huber of Penal Reform International regarding a possible international conference on the Bangkok Rules. Kamm discussed possible cooperation on women in prison at Renmin University Law School. Photo credit: Renmin Law School US Participant Perspectives on the Juvenile Justice Expert Exchange The honor of meeting the Chinese delegates was a career highlight for me. In my 29 years of public service, I have served as a police officer, police detective, police sergeant, hostage negotiator, juvenile hall officer, probation officer, and various command-level positions including now deputy chief. I began my career 29 years ago (will be 30 this February), after serving four years in the military (USMC). I was interested in a career that supported and helped society, protected the community, and specifically that helped guide and direct at-risk youth towards a better life and future. Almost 30 years later, these continue to be my goals and as I begin the twilight of that career, I can t think of a better way to cap it than the opportunity to work with Dui Hua and the Chinese authorities in developing a juvenile justice system in their country. We have some things to offer them and after meeting and speaking with them over the course of their visit, I know we have some things we can learn from them. On a human level, I found the delegates to be great people from a great culture, one that going forward we as a country and people need to engage with more on every level. The exchange will help lay the foundation for more dialogue and contribute significantly to improving the rights and treatment of children on both sides of the Pacific. Roy Brasil Deputy Chief Probation Officer San Mateo Probation Department Both China and the United States face months of political and economic uncertainty, and relations between the two countries are likely to suffer. Dialogue is needed now more than ever. To find out how you can support Dui Hua at duihua.org/donate. 450 Sutter Street, Ste 900, San Francisco, CA 94108, USA Rm 701, The Centre Mark, Queen s Road Central, Hong Kong duihua@duihua.org 2012 The Dui Hua Foundation