The Charter 08
The Charter 08
The Charter 08
"Charter 08"
Preamble
This year is the 100th year of China’s Constitution, the 60th anniversary of the
Universal Declaration of Human Rights, the 30th anniversary of the birth of the
Democracy Wall, and the 10th year since China signed the International Covenant of
Civil and Political Rights. After experiencing a prolonged period of human rights
disasters and a tortuous struggle and resistance, the awakening Chinese citizens are
increasingly and more clearly recognizing that freedom, equality, and human rights are
universal common values shared by all humankind, and that democracy, a republic,
and constitutionalism constitute the basic structural framework of modern governance.
A “modernization” bereft of these universal values and this basic political framework is
a disastrous process that deprives humans of their rights, corrodes human nature, and
destroys human dignity. Where will China head in the 21st century? Continue a
“modernization” under this kind of authoritarian rule? Or recognize universal values,
assimilate into the mainstream civilization, and build a democratic political system?
This is a major decision that cannot be avoided.
The monumental historic transformation in the mid-19th century exposed the decay of
the traditional Chinese despotic system and ushered in the most “unprecedented and
cataclysmic change in several thousands of years” in all of China. The Self-
strengthening Movement (c 1861-1894) sought the improvement of China’s technical
capacity. The defeat in the first Sino-Japanese War (1894-1895) once more exposed the
anachronism of the political system. The Hundred Day Reform touched upon
institutional innovations, but was a failure in the end because of the cruel suppression
of the die-hard clique. On the surface, the Xinhai Revolution (1911) buried the imperial
system that had lasted for more than 2,000 years and established Asia’s first republic.
But, limited by the historical factors determined by internal trouble and external
aggression, the republican political system lasted only for an instant, and despotism
quickly returned.
The “reform and opening up” of the late 20th century extricated China from the
pervasive poverty and absolute power in the Mao Zedong era, and substantially
increased private wealth and the standard of living of the masses. Individual economic
freedom and social privileges were partially restored, a civil society began to grow, and
the calls for human rights and political freedom among the people increased by the day.
Those in power, as they were implementing economic reforms aimed at marketization
and privatization, also began to move from a position of rejecting human rights to one
of gradually recognizing them. In 1997 and 1998, the Chinese government signed two
important international human rights treaties. In 2004, the National People’s Congress
amended the Constitution to include language to “respect and safeguard human
rights.” And this year, [the government] has promised to formulate and implement a
“National Human Rights Action Plan.” However, this political progress stops at the
paper stage. There are laws but there is no rule of law. There is a constitution but no
constitutional governance. And there is still the political reality that is obvious for all to
see. The power bloc continues to insist on maintaining the authoritarian regime,
rejecting political reform. This has caused corruption in officialdom, difficulty in
establishing rule of law, and no protection of human rights, the loss of ethics, the
polarization of society, warped economic development, damages in the natural and
human environments, no systematic protection of the rights to property and the pursuit
of happiness, the accumulation of countless social conflicts, and the continuous rise of
resentment. In particular, the intensification of hostility between government officials
and the ordinary people, and the dramatic rise of mass incidents, illustrate a
catastrophic loss of control in the making, and the anachronism of the current system
has reached a point where change must occur.
At this historical juncture of the future destiny of China, it is necessary to rethink the
last 100 years of modernization and reaffirm the following concepts:
Freedom: Freedom is at the core of universal values. The rights of speech, publication,
belief, assembly, association, movement, and to demonstrate are all the concrete
realizations of freedom. If freedom is not flourishing, then there is no modern
civilization of which to speak.
Human Rights: Human rights are not bestowed by the state, but are rights that each
person is born with and enjoys. To ensure human rights must be the foundation of the
first objective of government and lawful public authority, and is also the inherent
demand of “putting people first.” The past political calamities of China are all closely
related to the disregard of human rights by the ruling authorities.
Democracy: The most basic meaning is that sovereignty resides in the people and the
people elect government. Democracy has the following basic characteristics: (1) the
legitimacy of government comes from the people, the source of government power is
the people; (2) government must be chosen by the people; (3) citizens enjoy the right to
vote, important civil servants and officials of all levels should be produced through
elections at fixed times; (4) the decisions of the majority must be respected while
protecting the basic rights of the minority. In a word, democracy will become the
modern tool for making government one “from the people, by the people, and for the
people.”
In China, the era of imperial power has long passed and will not return; in the world,
authoritarian systems are approaching the dusk of their endings. The only fundamental
way out for China: citizens should become the true masters of the nation, throw off the
consciousness of reliance on a wise ruler or honest and upright official, make widely
public civic consciousness of the centrality of rights and the responsibility of
participation, and practice freedom, democracy, and respect for law.
In line with a responsible and constructive citizens’ spirit towards the country’s
political system, civil rights and various aspects of social development, we put forward
the following specific standpoints:
11. Freedom of expression: The freedom of speech, freedom of the press and
academic freedom should be implemented. Citizens’ right to know and to
monitor supervise should be protected. A press and publication law should be
promulgated. The ban on freely publishing newspapers should be lifted. The
current provision of "inciting subversion of state power" in the Criminal Law
should be repealed and criminal punishment for speech should be eliminated.
13. Citizen Education: Abolish political education and examinations that are
deeply ideological and serve one-party rule. Promote citizen education that
encompasses universal values and civil rights, establishes civil consciousness,
and promotes the civil virtue of serving society.
15. Fiscal Reforms: Firmly establish democracy in finance and protect taxpayers’
rights. Build a public finance system and operational mechanisms in which
powers and obligations are clear, and create a reasonable and effective division
of power in finance among all levels of government; implement major reforms
in the tax system to reduce the tax rate, simplify the tax system, and achieve tax
equity. The administrative departments should not be allowed to increase tax or
create new tax arbitrarily without a social public choice and resolutions of the
legislative agencies. Pass reforms on property rights, introduce diverse market
subjects and competition mechanisms, lower the market-entry threshold in
banking, and create conditions for the development of privately-owned banking
to energize the financial system.
16. Social Security: Build a social security system that covers all of the citizens,
and provide them with fundamental protections for education, medical care,
elderly care and employment.
IV. Conclusion
China, as a great nation of the world, one of the five permanent members of the United
Nations Security Council, and a member of the Human Rights Council, should
contribute to peace for humankind and progress in human rights. But to people’s
regret, among the great nations of the world, China, alone, still clings to an
authoritarian political way of life. As a result, it has caused an unbroken chain of
human rights disasters and social crises, held back the development of the Chinese
people, and hindered the progress of human civilization. This situation must change!
The reform of political democratization can no longer be delayed.
Because of this, we, with a civic spirit that dares to act, publish the “Charter 08.” We
hope that all Chinese citizens who share this sense of crisis, responsibility and mission,
without distinction between the government or the public, regardless of status, will
hold back our differences to seek common ground, actively participate in this citizens’
movement, and jointly promote the great transformation of the Chinese society, so that
we can establish a free, democratic and constitutional nation in the near future and
fulfill the dreams that our people have pursued tirelessly for more than a hundred
years.
Signed