You can protest in China, if you get permission

By NBC News’ Bo Gu | BEIJING – After eight days of house arrest in a dingy hotel room in Shanghai, Cui Fufang was released, just as the National People’s Congress, the annual meeting of China’s Communist Party leadership, ended in Beijing last week.


Alfred Cheng Jin / Reuters
An unidentified woman cries as she is stopped by paramilitary policemen after protesting near the Great Hall of the People during the National People's Congress in Beijing on March 11.The woman was later taken into a police van and driven away.
The detention, according to Cui, began when she, along with dozens of other aggrieved citizens from Shanghai, went to Beijing to apply for permission to protest against the corruption that often characterizes property disputes in China.

Cui’s story is similar to that of millions of other disadvantaged Chinese residents who lived on land that local governments wanted to use for large construction projects. When residents are unable to reach an agreement with developers – who are usually well connected with local governments – the houses are often torn down without consent from their owners.

Cui’s house was demolished in August 2005 when the Pudong District Government told her the land had been requisitioned for the upcoming Shanghai World Exposition in 2010. Cui did not receive a penny, or any other form of compensation, when her house was torn down.

Her attempt to sue the local government was rebuffed by the Shanghai Intermediate People’s Court.

As a final option, Cui – and 67 other Shanghai citizens who had similar experiences – decided to go to Beijing and apply for a permission to protest, a right that is enshrined in China’s constitution.

Petitioning is a legal tradition that dates back hundreds of years to imperial times when ordinary citizens would travel to the capital, as a last resort, to submit petitions before the emperor or the Minister of Justice after failing to resolve their case through local channels. The practice was resurrected during the Mao era and still exists today, at least in principle.

However, within 45 minutes of Cui’s group seeking permission to protest in Beijing, 10 officials from Shanghai’s representative office in the city appeared on the scene, according to the petitioners. The protesters were filmed, pushed into three vans and taken back to Shanghai on the same night, locked in different locations and not allowed to talk to their families or friends.

House arrest
Cui, 52, explained the circumstances of her captivity in a phone interview from Shanghai after her release.

She said she caught a fever while she was under house arrest, but that her captors refused to give her any medication other than a bottle of cough syrup. She said that the hygiene facilities were limited – there was no shower, she was only given a toothbrush and toothpaste after two days of detention and she wore the same clothes for eight days. Her cell phone and charger were confiscated so she couldn’t contact anyone and two women watched her day and night in her room, in addition to three male guards who were posted outside her door.

Cui said that many of the other petitioners had similar stories – eight days in a small hotel room, no showers, no communication with the outside world and no access to medical care.

The Beijing police said they could not respond to questions about the alleged house arrest without a formal written request and permission granted by the Beijing Public Security News Office. And the Shanghai police denied they put anyone under house arrest. (Although, according to Cui, she was interrogated and filmed at the Shanghai police station before being detained.)

A right rarely granted
While protesting is a legal right stipulated by the Chinese Constitution, it is only allowed after getting permission from the Public Security Bureau, the government department that handles policing, public security, and social order, as well as residence registration, immigration and travel visas for foreigners.

But in reality, protesting is a right that is rarely practiced.

During the 2008 Summer Olympics, in order to give the world an impression of open mindedness, the Beijing police opened three parks in the capital as "protest zones." But when two 70-year-old women tried to apply for a permission to protest against the illegal demolition of their houses, they were informed that they would be sent to labor camp for charges of "disturbing social order."

According to media reports, China received a total of 77 applications to stage protests during the Olympic Games, but none were approved.

Every March is a particularly sensitive period in Beijing due to the annual National People’s Congress. Many petitioners with grievances consider it a good time to go to the capital because they believe they’ll have a chance to see the representatives although security forces clamp down more than ever during the same period.

Cui says she’ll go back to Beijing again to petition and apply to protest, as long as she’s alive. Retired and divorced, pursing justice is her new job.

"This has basically destroyed my family and life, and I don’t have anything to lose now. Once I get another opportunity, I’ll go to Beijing again," she said.

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