China: 2011 regulations regarding urban housing expropriation and compensation; state response to citizens who resist expropriation of rural land and urban property
Regulations
Sources report that on 21 January 2011, China's State Council passed new regulations on the expropriation and compensation of housing in urban areas that took immediate effect (AFP 22 Jan. 2011; CHRD 4 Feb. 2011; Xinhua 22 Jan. 2011). According to Xinhua News Agency, a state media source, the new rules came in response to a growing number of "deadly" property disputes stemming from China's rapid urbanization (22 Jan. 2011). As such, the regulations reportedly aim to balance public interest with individual property rights (Xinhua 22 Jan. 2011). The new regulations stipulate that
- "violence or coercion" cannot be used to evict residents (AFP 22 Jan. 2011; CHRD 4 Feb. 2011; Xinhua 27 Jan. 2011);
- officials can carry out demolitions only after getting court approval (AFP 22 Jan. 2011; Reuters 19 Jan. 2011);
- developers are not allowed to be involved in the expropriation of properties (ibid.; Xinhua 22 Jan. 2011);
- owners must be compensated at the market price of similar properties (AFP 22 Jan. 2011; Reuters 19 Jan. 2011; Xinhua 27 Jan. 2011); and
- officials cannot illegally cut off water or electricity from properties (Xinhua 22 Jan. 2011).
The new regulations, according to Xinhua, indicate that the government should expropriate properties only in cases that serve the "'public interest'" and lists examples, such as when used for national defence, energy, transportation, health, education, or low-income housing (ibid.). Prior to finalizing the regulations, officials reportedly met several times and sought public input on two occasions (ibid.; Beijing Review 6 Jan. 2011).
Sources indicate that the new regulations apply only to the expropriation of housing in urban areas and not to that of land or housing in rural areas (SCMP 26 Jan. 2011; CHRD 4 Feb. 2011; China Daily 24 Jan. 2011). China Daily, a state media source, reports that legislators are revising regulations concerning the expropriation of rural land (ibid.). In February 2011, authorities also reportedly began a three-month inspection campaign to prevent illegal expropriation of rural land (Beijing Review 18 Feb. 2011). For further information about land expropriation procedures in rural areas, see Response to Information Request CHN103402.E of 5 July 2010.
The United States Congressional-Executive Commission on China (CECC) explains that there are some cases in which village leaders, developers and local officials collude to change the status of collectively owned rural land so that they can sell it (US 2010, 42). The CECC also states the following:
Although the farmers are legally entitled to compensation, procedures are not clearly spelled out; in some cases, very little of the compensation may reach them and they are left destitute. (ibid.)
Government use of violence during urban and rural expropriation
The non-governmental organization (NGO) Chinese Human Rights Defenders (CHRD) reported in May 2011 that Chinese officials in cities continue to carry out forced evictions and housing demolitions (6 May 2011). The China-based NGO adds that the new regulations "have done little to curb the worst of these abuses" (CHRD 6 May 2011). CHRD also reports that unlawful land expropriation continues in rural areas on the outskirts of cities (ibid.).
Since January 2011, CHRD and Radio Free Asia (RFA) have continued to report on several cases in which the government or workers used violence during expropriations of property (CHRD 20 Apr. 2011; RFA 13 May 2011; ibid. 8 Apr. 2011). For example, RFA reports that in March 2011, a woman was killed when a demolition crew of over 100 people demolished a film studio in Changchun while the woman was trapped inside the building (RFA 31 Mar. 2011). The manager of the demolition crew was reportedly detained by the police on suspicion of "illegal demolition" leading to the death of the evictee (ibid.).
In another example, the CHRD reports that on 12 April 2011, more than 100 workers, led by local governmental officials, demolished a home in Beigang Village, Anhui Province, after forcefully entering the house, beating the occupant, and dragging out both the man and his wife; the man was hospitalized for his injuries, which included a gash to the forehead and two knocked-out teeth (CHRD 20 Apr. 2011). The occupant and the officials had not reached an agreement about compensation for the property (ibid.).
The CHRD also reports that on 4 March 2011, more than 100 local officials and workers began digging up farmland in Quanzhou County in Guangxi Province, although the family had not agreed to the requisition of the land (ibid.). After a police officer allegedly assaulted the man's wife and elderly mother, the man got into a fight with the requisition team (ibid.). He and his wife were detained and charged with "'intentional injury'" (ibid.).
RFA reports that in April 2011, hundreds of riot police confronted villagers who were protecting their land from being expropriated in Xindian township, near Fuzhou, Fujian province (RFA 8 Apr. 2011). The police reportedly used tear gas and electric batons and beat the villagers, although an official denies that there were any injuries (ibid.). Some villagers stated that retirees were offered "pension payments" in compensation for the land, but others were left without any livelihood (ibid.).
RFA reports that in May 2011, in Lianyungang city in Jiangsu province, a man died after confronting a demolition crew that was trying to evict him from his home (13 May 2011). The man's brother alleges that he was beaten to death and burned (RFA 13 May 2011). The county government, however, reported the man’s death as "'a case of unusual death'," alleging that he had set fire to the apartment and died at the scene (ibid.). The attempted eviction reportedly involved approximately 300 households (ibid.).
Petitions or protests against expropriation of land or property
Sources report that the current system of addressing property disputes and other grievances between citizens and local officials is ineffective (AP 27 May 2011; RFA 22 Mar. 2011; Human Rights Watch Nov. 2009, 3). Associated Press (AP) explains that there is a petition bureau in Beijing where those experiencing problems with local officials are supposed to receive assistance from the central government (AP 27 May 2011). As the Beijing Review reports, the Chinese Academy of Social Sciences says that 73 percent of the petitions filed by rural residents are related to land disputes (6 Jan. 2011). RFA reports that petitioners have been subject to "detentions, beatings, and harassment" (RFA 22 Mar. 2011).
Several sources report that some petitioners who seek redress in Beijing are held in unofficial "'black jails'" that provide a type of extrajudicial detention (AP 27 May 2011; RFA 22 Mar. 2011; Human Rights Watch Nov. 2009, 2). In a detailed report on China's black jails, Human Rights Watch explains that county, municipal, and provincial officials are subject to “financial and career advancement penalties” if many people from their locality petition for redress in Beijing (ibid., 3). These officials then hire security personnel and "thugs" to abduct and detain petitioners in black jails to prevent them from filing their grievances (ibid., 3). According to Human Rights Watch, detainees in the black jails are denied access to legal counsel, are subject to abuse, including "beatings, sexual violence, threats and intimidation," and are sometimes deprived of food, sleep or medical care (ibid., 4).
The CHRD states that on 18 April 2011, police dispersed a protest group of 150 people who had been forcibly evicted from their homes in Changsa city, Hunan province, and detained seven demonstrators (20 Apr. 2011). RFA reports that on 21 March 2011, 300 rural residents protested outside the provincial capital of Fuzhou against forced evictions and land requisitions but were "violently dispersed" by Chinese security officials and "hired thugs" (RFA 22 Mar. 2011).
According to the CHRD, "activists who organize farmers and rural residents to stand up for their land rights are routinely harassed or imprisoned" (6 May 2011). In an example of this, the CHRD provides details of a case in which a village leader, who advocated for his village's land rights, was sentenced to an 11-year prison term on charges of "'obstructing official business'," "'extortion'," and "'undermining elections'" (2 Nov. 2010). When the Jinjiang city government illegally expropriated 200 acres of land in nearby Keren Village for new building development, the village leader called together village representatives to vote on the government's plans (CHRD 2 Nov. 2010). However, when they voted against the development, clashes ensued between the workers and villagers (ibid.). The village leader was subsequently brought in for questioning and detained (ibid.). In addition to the sentence brought against the village leader, eight other Keren residents were charged and sentenced to prison terms ranging from six months to three years (ibid.).
Death of land rights activist
Sources report that on 25 December 2010, a land rights activist and village leader of Zhaiqiao, in Zhejiang province, died after being crushed underneath a truck (CHRD 4 Jan. 2011; AP 15 Jan. 2011; China Daily 28 Dec. 2010; The New York Times 29 Dec. 2010). Although officials claimed the death resulted from a traffic accident, people suspected that it was intentional (ibid.; Guardian 30 Dec. 2010; CHRD 4 Jan. 2011; RFA 5 May 2011). The truck driver was reportedly sentenced to a 3½-year prison term (ibid.; The Christian Science Monitor 9 Feb. 2011). The victim had reportedly been actively protesting and petitioning for six years against the government’s seizure of his village's land to build a power plant (AP 15 Jan. 2011; SCMP 11 Jan. 2011; The New York Times 29 Dec. 2010). He had been arrested and imprisoned on at least two occasions (ibid.; Guardian 30 Dec. 2010). According to the Hong Kong-based South China Morning Post (SCMP), the victim had received death threats a few days prior to his death (SCMP 11 Jan. 2011). The SCMP reports that two witnesses say they saw the victim being forced in front of the truck by masked men, but that the police found their accounts not credible (ibid.).
Information and photos about the incident that circulated on the Internet prompted three independent groups within China to investigate the incident (CHRD 4 Jan. 2011; The Christian Science Monitor 9 Feb. 2011). According to the Boston-based Christian Science Monitor, the volunteer research teams consisted of a human rights activist, lawyers, scholars, journalists, and bloggers (ibid.). While the Christian Science Monitor reports that these investigations did not ultimately challenge the official findings (ibid.), the CHRD reports that one group, questioned by the police on suspicion of "fabricating false information and disrupting society," had personal property confiscated (CHRD 11 Jan. 2011). RFA reports that a labour activist who had travelled to Zhaiqiao as part of a three-person team to investigate the death of the village leader was detained by police on 5 March 2011 and charged with "incitement to subvert state power" on 24 April 2011 (RFA 5 May 2011).
Bombing of government buildings in response to property dispute
Media sources report that on 26 May 2011, a man who was involved in a property dispute with the government set off explosions at three governmental buildings in Fuzhou city of Jiangxi province (McClatchy Newspapers 26 May 2011; AP 27 May 2011; Xinhua 26 May 2011; SCMP 11 June 2011). Three people, including the bomber, were reportedly killed (ibid.; AP 27 May 2011). AP reports that the bomber's microblogging site stated that his home was "illegally and forcibly demolished" and that he reportedly spent "ten years . . . fruitlessly trying to seek redress" (AP 27 May 2011).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Agence France-Presse (AFP). 22 January 2011. "China Adopts New Rules to Quell Huge Source of Unrest." (Factiva)
Associated Press (AP). 27 May 2011. Alexa Olesen. "Bomber of Government Buildings Glorified by Some in China as Champion of Disenfranchised." (Factiva)
_____. 15 January 2011. Gillian Wong. "New Witness Accounts Renew Suspicions over Chinese Village Leader's Gruesome Death." (Factiva)
Beijing Review. 18 February 2011. "Ministries to Crack Down on Land Abuse." <http://www.bjreview.com/headline/txt/2011-02/18/content_332430.htm> [Accessed 22 June 2011]
_____. 6 January 2011. Yin Pumin. "Curbing Relocation Rage." <http://www.bjreview.com/quotes/txt/2011-01/06/content_323262.htm> [Accessed 22 June 2011]
China Daily [Beijing]. 24 January 2011. Bao Daozu. "Rural Forced Demolition Rules Being Developed." (Factiva)
_____. 28 December 2010. Qian Yanfeng. "Foul Play Suspected in Death of Village Head." (Factiva)
Chinese Human Rights Defenders (CHRD). 6 May 2011. "U.S. Must Underscore Importance of Human Rights Issues at Strategic and Economic Dialogue." <http://chrdnet.org/2011/05/06/u-s-must-underscore-importance-of-human-rights-issues-at-strategic-and-economic-dialogue/> [Accessed 13 June 2011]
_____. 20 April 2011. China Human Rights Briefing Weekly, April 13-19, 2011. <http://chrdnet.org/2011/04/20/china-human-rights-briefing-april-13-19-2011//> [Accessed 13 June 2011]
_____. 4 February 2011. China Human Rights Briefing Weekly, January 25-February 1, 2011. <http://chrdnet.org/2011/02/04/china-human-rights-briefing-january-25-february-1-2011/> [Accessed 13 June 2011]
_____. 11 January 2011. China Human Rights Briefing Weekly, January 4-10, 2011. <http://chrdnet.org/2011/01/11/china-human-rights-briefing-weekly-january-4-10-2011/> [Accessed 16 June 2011]
_____. 4 January 2011. China Human Rights Briefing Weekly, December 28, 2010-January 3, 2011. <http://chrdnet.org/2011/01/04/china-human-rights-briefing-december-28-2010-%E2%80%93-january-3-2011/> [Accessed 16 June 2011]
_____. 2 November 2010. "Heavy Sentence for Elected Fujian Village Director, Leader in Fight Against Illegal Land Expropriation." <http://chrdnet.org/2010/11/02/heavy-sentence-for-elected-fujian-village-director-leader-in-fight-against-illegal-land-expropriation/> [Accessed 22 June 2011]
The Christian Science Monitor [Boston]. 9 February 2011. Peter Ford. "How an Activist's Death in China Inspired a Wave of Citizen Sleuthing." (Factiva)
Guardian [London]. 30 December 2010. Jonathan Watts. "Fear and Loathing in China as Online Activists Voice Suspicions Over Death of Village Chief." (Factiva)
Human Rights Watch. November 2009. "An Alleyway in Hell": China's Abusive "Black Jails". <http://www.hrw.org/en/reports/2009/11/12/alleyway-hell> [Accessed 21 June 2011]
McClatchy Newspapers. 26 May 2011. Tom Lasseter. "Rare Series of Bombings Hits China Government Buildings." (Factiva)
The New York Times. 29 December 2010. Xiyun Yang and Edward Wong. "Villager's Suspicious Death Ignites Fury in China." (Factiva)
Radio Free Asia (RFA). 13 May 2011. "Eviction Death Sparks Clashes." <http://www.rfa.org/english/news/china/eviction-05132011135702.html> [Accessed 27 May 2011]
_____. 5 May 2011. "Activist Arrested for 'Subversion'." <http://www.rfa.org/english/news/china/arrested-05052011121226.html?searchterm=None> [Accessed 16 June 2011]
_____. 8 April 2011. "Riot Police in Land Clash." <http://www.rfa.org/english/news/china/protest-04082011134759.html?searchterm=None> [Accessed 13 May 2011]
_____. 31 March 2011. "Man Detained over Demolition Death." <http://www.rfa.org/english/news/china/death-03312011142316.html?searchterm=None> [Accessed 14 June 2011]
_____. 22 March 2011. "Petitioners Attacked and Beaten." <http://www.rfa.org/english/news/china/attacked-03222011171620.html?searchterm=None> [Accessed 27 May 2011]
Reuters. 19 January 2011. "China Approves New Rules to Ease Property Disputes." (Factiva)
South China Morning Post (SCMP) [Hong Kong]. 11 June 2011. Choi Chi-yuk. "Desperation." (Factiva)
_____. 26 January 2011. "Property-Grab Rules Must Be Given Bite." (Factiva)
_____. 11 January 2011. Priscilla Jiao. "Suspicion and Anger Grow over Activist's Death." (Factiva)
United States (US). 2010. Congressional-Executive Commission on China (CCEC). Annual Report 2010. (GPO Access) <http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_house_committee_prints&docid=f:61507.pdf> [Accessed 10 June 2011]
Xinhua News Agency. 26 May 2011. "Serial Explosions in East China Kill 2, Suspect Dead." (Factiva)
_____. 27 January 2011. "New House Expropriation Rules Balance Development, Home Owners' Interest: Experts." (Factiva)
_____. 22 January 2011. "China Issues New Rules to Ease Tensions over Forced Demolition." (Factiva)
Additional Sources Consulted
Internet sites, including: Amnesty International, Asian Human Rights Commission, Australia--Refugee Review Tribunal, China Internet Information Center, China Land Law Research Center, China Land Surveying and Planning, China Perspectives, The Economist, European Country of Origin Information Network, Human Rights First, Human Rights in China, International Crisis Group, International Federation for Human Rights, United Nations Refworld.