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The future of judicial reform in China is very gloomy by UNHCHR, Global Voices China 5 May 2017 The vast majority of detained lawyers are defending the basic rights of Chinese citizens, reports Ravina Shamdasani from the Office of the UN High Commissioner for Human Rights. We are deeply troubled that on Wednesday 3 May, defence lawyer Chen Jiangang and his family were reportedly taken by police while they were travelling in Yunnan province in the southwest of China. This latest event takes place in the context of an ongoing crackdown against Chinese lawyers and other human rights defenders. There has reportedly been no official communication of the reasons Chen was taken away. His wife and two children were subsequently released but Chen’s whereabouts remain unclear. Chen was the defence lawyer chosen by Xie Yang, a lawyer who has been in detention since July 2015. Xie was only officially charged in January 2016 for inciting subversion of state power and disrupting court order. The trial was due to begin last week, but did not. In March this year, Chen reported that his client and other detained lawyers, including Wang Quanzhang, Jiang Tianyong and Li Heping, were subjected to ill-treatment and torture in custody. Li Heping, who spent 21 months in incommunicado detention, was secretly sentenced on 25 April to three years in prison, with the possibility of a four-year suspension should he choose not to appeal. He remains in custody and pressure continues to be exerted on his family. Prior to being reportedly taken by police last Wednesday, Chen had, in a video message, expressed concerns that he too may "lose his freedom" and that he may be coerced into self-incrimination. Despite numerous calls by a number of UN human rights bodies, including Special Rappporteurs, the UN Committee against Torture and by the UN High Commissioner for Human Rights, we are dismayed by this continuing pattern of harassment of lawyers, through continued detention, without full due process guarantees and with alleged exposure to ill-treatment and coercion into self-incrimination. We also ask the Chinese authorities to halt the harassment against their relatives. The vast majority of detained lawyers were defending the basic rights of Chinese citizens, mostly economic, social and cultural rights. We urge the Chinese government to abide by its international human rights obligations, to ensure due process and fair trials, and to release without delay those being held for exercising their fundamental human rights or for defending the exercise of such rights by others. http://bit.ly/2r6EFa1 Jan. 2017 China''s Top Judge warns against the ‘Threat’ of Judicial Independence, by Jack Hu. The term “rule of law”, referring to the idea that no one in a society is above the law, has become a popular phrase used by top Chinese leaders in their public speeches. But any emerging hope for justice in China has been dampened by the ongoing crackdown on human rights lawyers, the practice of airing “confessions” of those accused of crimes on TV, and most recently remarks made by the country’s Chief of Justice Zhou Qiang. At a Supreme People''s Court meeting on January 14, Qiang warned the courts against the idea of judicial independence. He said: "China''s courts must firmly resist the western idea of “constitutional democracy”, “separation of powers” and “judicial independence”. These are erroneous western notions that threaten the leadership of the ruling Communist Party and defame the Chinese socialist path on the rule of law. We have to raise our flag and show our sword to struggle against such thoughts. We must not fall into the trap of western thoughts and judicial independence. We must stay firm on the Chinese socialist path on the rule of law". Zhou''s speech, widely reported by state-run media outlets, quickly provoked public outrage and a barrage of criticism from academics, intellectuals and a vast number of microbloggers on Chinese social media platform Weibo. Many accused the chief of justice of failing to uphold to Chinese Communist Party’s pledge of maintaining the rule of law. The outcry attracted the attention of China''s censorship authorities, and soon the headline of the article reporting his speech, “Must dare to show the sword to judicial independence and other erroneous western notions”, became unsearchable on Chinese social media. The newspaper People''s Daily withdrew the article, and the Supreme People''s Court published a series of posts on its website and via major media outlets to explain Zhou''s position in more moderate language. But people are continuing to speak out against the ideological position. Xiang Songzuo, a prestigious economist, pointed out that the current outflow of capital in China was related to the lack of commitment to the rule of law: "According to some data, in China, there are about 90,000 rich people who can invest above 100 million yuan, and about 1.34 million rich people who can invest above 10 million yuan. 65% of them are eager to shift their assets abroad, and 60% choose the US as the destination. Their biggest concern is the risk of uncertainty in the system. The administration should pay more attention to this phenomenon. Now [the chief of justice] has denounced constitutional democracy and judicial independence. The pledge to follow the rule of law has been turned into an empty promise. How can people live and work in peace when their lives and properties can’t be protected by an independent judicial system?" Xiang''s comment was echoed by many who are considering leaving the country. Weibo user “Wrong path” said: "The speech should be the best migration service advertisement of the year". Another comment read: "It seems China’s political reform just cobbles things together and can’t achieve substantial progress, running contrary to the world''s advanced political civilization. So desperate that all 1.3 billion people should flee the country". As the chief of justice stressed that the Chinese path is distinct from that of the rest of the world, a Weibo user mocked: "This is a such a distinctive country with special characteristics where judges oppose judicial independence, media oppose free press, upright officials oppose property disclosure, people oppose one person, one vote". Those in more outspoken circles were more straightforward in expressing their discontent. According the Radio Free Asia, a number of Chinese human right lawyers have launched a joint signature campaign calling for Zhou Qiang''s resignation. One of the initiators of the petition, Lin Liguo, accused Zhou of destroying China''s international image. He stressed that without judicial independence, the result is the abusive use of law in serving political interests as reflected in the crackdown on human right lawyer since July 2015. In the past few years, under the Chinese Communist Party''s call to rule of law, Zhou Qiang has reviewed and overturned some significant unjust cases, including the wrongful execution of Nie Shubin 21 years ago; given judges more independence; and restricted local officials’ influence over court rulings, though ultimately courts at all levels are not independent and should answer to the party leadership. Some, including famous historian Zhang Lifan, have hence interpreted Zhou''s sudden change of attitude as a self-protective move to keep him away from a power struggle happening within the party before the 19th National Congress of the Communist Party of China. Against this backdrop, political news commentator Wu Zuolai explained on Twitter how judicial independence can be interpreted as a threat to the party: "Judicial independence is quite a threat. For example, if many people decide to sue Xi Jinping''s government, and if Zhou Qiang is independent, he could subvert the central government or Xi with law. That''s why Zhou needs to be submissive and declares to the public that there is no judicial independence — that he has to obey the central government. Under the dual track system, the party and the national security police use political prosecution to solve their problems, while other problems are solved by the rule of law or by corrupting the law". Regardless of Zhou Qiang''s intention, as the top representative of the Chinese judicial system, his speech is a declaration that the future of judicial reform in China is very gloomy. http://bit.ly/2jRwFKj |
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The single shining hope to Stop Climate Change by Michael E. Mann Earth System Science Center at Pennsylvania State University, agencies Science is under attack at the very moment when we need it most. President Donald Trump’s March 28 executive order went much further than simply throwing a lifeline to fossil fuels, as industry-funded congressional climate change deniers have done in the past. It intentionally blinded the federal government to the impacts of climate change by abolishing an interagency group that measured the cost of carbon to public health and the environment. Now, the government won’t have a coordinated way to account for damages from climate change when assessing the costs and benefits of a particular policy. With that in mind, Trump should read the landmark “2020” report now published by Mission 2020, a group of experts convened by the former Executive Secretary of the United Nations Framework Convention on Climate Change. The report establishes a timeline for how we can ensure a safe and stable climate. We don’t have much time - 2020 is a clear turning point. If emissions continue to rise beyond 2020, the world stands very little chance of limiting global warming below 1.5 degrees Celsius, the threshold set by the Paris Agreement, and a temperature limit that many of the world’s most vulnerable communities consider a threshold for survival. We have four years to bend the curve of global greenhouse gas emissions toward a steady decline. The good news is, we’re already moving in the right direction. Global carbon emissions have plateaued, and are projected to remain flat over the coming years, thanks to China’s widespread economic transformation and the global boom in renewable energy production. The 2020 climate turning point is within reach. But, as the authors of the report reveal, the bad news is we aren’t moving fast. Thankfully, there is a range of actions that, if achieved, can deliver a safe future. The study shows that by 2020, renewable energy must beat out coal in all major energy markets. Countries must commit to electrifying the transportation system, and transmission infrastructure must be built out to host efficient, low-carbon energy systems. Deforestation must be reined in, and the restoration of already degraded land must be well underway. All of the Fortune 500 companies that represent heavy industries must have committed to the Paris targets, and their emissions-reduction plans must be in effect. And, finally, capital markets must double investment in zero-emission technologies. Around the world, more and more politicians are listening to scientists. Nearly 200 heads of state adopted the Paris Agreement in December of 2015, and 136 have since ratified the deal in record time. Leaders in China and India have redoubled investments in renewables, and investors across the developed world are walking away from coal. And last fall, all 197 parties to the Montreal Protocol adopted a critical amendment that will phase down Hydrofluorocarbon, a particularly potent greenhouse gas. Even in the United States, where public concern about climate is high but doubt of the scientific consensus on climate change has also spiked in recent years (I should know, having recently testified to the climate change denying chair of the House Science Committee), and where the new Administration wants to stop funding climate science, many politicians are redoubling their commitment to climate action. From mayors of major cities to Congressional Republicans to the Defense Secretary, serious policy responses are being debated. The only way to avoid dangerous climate change, and to keep the 1.5 degree Celsius target in play, is to step up our ambition by 2020, and deliver emissions reductions across all sectors. Only by drawing down global carbon emissions, by making sure that they drop steadily from 2020 forward, can we ensure that the world avoids the worst fates of climate change. Science has no political affiliation and shouldn’t be a political issue. Chemistry and physics don’t care who is president or which party runs a parliament. No politician should ignore the warnings of scientists, economists and military leaders, and argue against health, increased stability and economic prosperity - all of which depend on how the world responds to climate change. There is no denying it: 2020 will be a very important year. * Michael E. Mann is an American climatologist and geophysicist, currently director of the Earth System Science Center at Pennsylvania State University. Mission 2020 report: http://bit.ly/2oZFpRb http://www.mission2020.global/ http://www.pbs.org/wgbh/frontline/article/climate-change-skeptic-group-seeks-to-influence-200000-teachers/ http://bit.ly/2FRJU4R http://www.iied.org/geoengineering-development-what-price-equity-justice-coming-climate-culture-wars http://www.iied.org/changing-landscapes-key-issues-for-action-sustainable-development-2018 Visit the related web page |
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