New rules make life tougher for petitioners, survey finds


Governance and Social Policy | Law and Rights

Citizen “petitioners” seeking justice in Beijing have come under increased pressure and abuse from authorities in their areas of origin following the introduction of new regulations on petitioning, according to a recent survey by Chinese Academy of Social Sciences (CASS) researchers.

The 2005 Regulations on Letters and Visits (信访条例) were partly intended to reduce the number of petitioners coming to Beijing during the 2008 Olympics by ordering local governments to resolve their complaints. However, researchers suggest that the capital city is unlikely to avoid large numbers of petitioners during the Olympics because sub-national governments have not yet shown sufficient willingness or capacity to deal with their grievances.

The “letters and visits” system, which dates back many centuries, is China’s traditional channel for citizens to lodge complaints with local authorities and, if they do not obtain satisfaction, to appeal to higher levels of government.

According to the CASS survey, 71% of petitioners to Beijing have suffered increased intimidation and retaliation from local authorities in their area of origin, even though this is clearly outlawed by the new regulations. Only 5% say that local governments have taken their petitions more seriously and resolved disputes.

CASS distributed 1,200 questionnaires in February in a Beijing community where an estimated 2,000 petitioners from all over China are staying. A total of 560 questionnaires were returned by March 15. Some of the completed questionnaires were seized by police and security guards.

The new regulations increase pressure on local governments to resolve disputes, while higher-level governments are expected to maintain records of the number of petitions to lower-level governments. Yet 60% of petitioners say their main objective in coming to Beijing is to exert more pressure on their local government. According to Yu Jianrong (于建嵘), the CASS researcher leading the study, these factors lead to a large number of “retrievers” (截访人员) being sent by local governments to Beijing to prevent people under their jurisdiction from filing complaints with central authorities. Some officials falsify records and cover up cases.

Yu says such practices should be curbed. “Retrieval not only costs great deal of money, but also accumulates conflicts and blocks the channel for public opinions,” he says.

The survey finds that 64% of petitioners have been detained at some point and more than half claim they have been mistreated by local officials in one way or another. Thus, Yu suggests, once petitioners have begun the process many become increasingly determined to correct the abuses committed after their original petition.

Yu’s survey finds that the experience of petitioning strengthens (45%) nearly as much as it weakens (44%) the petitioners’ confidence in central government. Yet 31% of respondents feel that the central government does not sincerely welcome their petitions and 14% say central authorities may even retaliate against them.

However, despite low levels of confidence in the system, when asked what they will do if they are not happy with the result, 85% of petitioners state that they will keep on petitioning until their grievance is satisfactorily resolved. As many as 60% say they are prepared for a “life-and-death struggle” (鱼死网破) with corrupt officials.

Yu says it is high time that central authorities takes the issue seriously and punish officials who violate the law.

Report by Chang Tianle, April 12, 2007

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