SCOPE: Constitutional change giving new momentum to China protests

Asian Political News, April 19, 2004

BEIJING, April 15 Kyodo

Antigovernment demonstrations in Beijing have resumed with new momentum in April as victims of alleged wrongdoings appeal for relief under recent constitutional revisions that protect private property and human rights.

This month, two weeks after the National People's Congress adjourned its 2004 session March 14 after approving the two landmark constitutional amendments, petitioners have grouped daily outside courthouses, prosecutors' offices, the city administration building and a State Council appeals office in Beijing, according to petitioners' daily reports to the media.

Participants say each April demonstration has brought a handful to a hundred people, who shout slogans or wave signs while awaiting a reception. They include 300 occupants of a Beijing courtyard home tract suddenly marked for demolition. Another is a woman upset about the beating of her daughter at a suburban Beijing school. Hundreds come from out of town with complaints about local government corruption.

Demonstrations in Beijing were common before the National People's Congress meeting, but the Constitution has given hope to some people, said Beijing lawyer Gao Zhisheng, who specializes in property cases. Although previous constitutions have failed private people's interests, people may expect officials to respond better now that the law has been improved, he said.

''There's definitely a connection to the Constitution,'' said Zhu Tong, who is protesting online on behalf of 100 people displaced from a Silk Alley apartment complex. They were offered 7,000 yuan ($847) per square meter, lower than their estimate of the fair market value.

''Mainly, this is our private property,'' Zhu said, who lived in his flat for 20 years. ''Since we were forced out, we're not negotiating compensation anymore. They said 'this is what you get'.''

Pang Yi, who for a year has blocked the demolition of her single-story stone house built during the Qing Dynasty (1644-1911), says she feels justified about fighting for compensation since the amended Constitution guarantees it.

She said work crews backed by police began destroying neighboring homes right after the Constitution was changed and that district officials have urged her to move now because ''the developer is anxious'' to build high-rise apartments. She said district officials have asked her to move first, then discuss compensation.

''People here are very angry and have no way out,'' she said, referring to herself and her neighbors.

Chinese leaders introduced property rights and compensation clauses to the Constitution after discussions on how to be fair when demolishing homes for government-approved projects. Developers normally clear smaller buildings to make space for larger ones, and since the 1990s this trend has displaced about 10,000 Chinese people, who commonly say they received too little compensation. The property rights clause was also geared toward investors.

The human rights clause answers criticism from China and abroad about crackdowns on government opponents.

So the number of protests has increased this month, said Ye Guozhu, who lost his house and restaurant complex to demolition last year and frequents Beijing protest venues. ''Our country has almost reached the point of collapse,'' he said.

But people's faith in the Constitution is shallow, demonstrators say. Some say the changes were to improve China's face in the critical eyes of foreigners. Others say local officials will find ways to circumvent the changes.

''If you want to do that, you just have to pass off responsibility,'' said Li Chunming, a Beijing historian who follows demolition issues.

Daily clashes with police this month have raised questions about the human rights guarantee. Before the congress meeting, Beijing police would question isolated protesters or crack down visibly during high-level state visits. Out-of-town protesters were usually left alone.

This month, police have detained people outside a prosecutor's office and moved people away from the city hall gates, Ye said. Out-of-town police have driven to Beijing to intercept petitioners from their hometowns.

Ye suspects Chinese officials do not want foreigners to know protests continue despite the constitutional changes.

''Our country has no transparency at all,'' Ye said. ''They're cheating the international society. There are so many problems that can't be solved.''