Monday 24 June 2019

International Community is wary of angering China and extending support to Hongkong Protests


Days after the 30 years of the Tiananmen Square massacre, another pro-democratic uprising in the Chinese territory harked global headlines. Hongkongers hit the streets opposing the Chinese extradition law set to be legislated. The contentious extradition bill if passed, mandates Hongkong to send people accused of crime for trial to mainland. This would include the accused of crimes abroad, as well as from other countries to China. If implemented, Hongkong besides losing independent judiciary will run the risk of subjecting its individuals to unfair trials or torture. Hongkong is party to the International Covenant on Civil and Political Rights (ICCPR) and bound by Convention Against Torture and Other Cruel or Inhuman or Degrading Treatment or Punishment and customary International Law whereby the island is prevented from sending persons to places where they run the risk of inhuman torture, unfair treatment and prolonged detention without trial.

China’s rule of law which lacks independence is known for arbitrary detention, torture and unfair trials. Chinese Communist Party (CCP) has a vice-like grip on the judiciary as well. The compromised judiciary has turned blind eye to the long list of the human rights violations perpetrated by the CCP. Death of the Nobel Laureate Liu Xiaobo in jail after he was denied proper medical treatment for cancer is still afresh in memories of people. Sudden disappearance of Interpol Chief a former CCP politician, Meng Hongwei on his visit to China and his reappearance in the custody of Chinese security agencies exemplifies the arbitrariness of China’s rule of law and abuse of human rights violation.

Last year December, China arrested Canadian diplomat Michael Kovrig and Michael Spavor, an entrepreneur who conducts tours to North Korea on charges of spying in response to the arrest of Huawei’s CFO Meng Wanzhou at Vancouver airport for her tentative extradition to the US. For months both these Canadians are held in detention facility, denied access to lawyer and granted just one consular visit a month. Following the extradition agreement with the US, Canada has arrested Meng for violating Iran sanctions. China’s fervent zeal in pressing for changes in Hongkong’s Fugitive Offenders Ordinance and Mutual Legal Assistance in criminal matter ordinance must thus be seen in the light of above developments as well.  Further it must be recalled what while Meng is kept under house arrest and has access to a full-fledged legal team to challenge her petition in the court, Canadians are denied all these legitimate facilities.

Hongkongers wary of the direct assault on their freedom protested proposed changes in the extradition bill. The protests began on June 9th witnessed an unprecedented participation. As a result, the hearing of the bill and further discussions slated for June 12th and 13th were postponed. Cowered by relentless protests, Chief Executive Carrie Lam on Sunday apologised for the turmoil caused by the bill and pledged not to introduce the bill in her tenure but refused to step down. Islanders who are sceptical of Communist party of China, demanded withdrawal of the bill, lifting of charges against arrested protestors by Friday. Else they threatened to block Legislative council. Unlike the 2014 Umbrella Movement, two million people joined the march. The scale and intensity of the protests is now drawing international attention.

Extradition bill is now increasingly viewed as an attempt by mainland China to tighten its control over the island leased to Britain for a period of 99 years. Hongkongers who endured the imperialistic rule of the British were deprived of democratic governance. After Hongkong’s official handover quashing the aspirations for a democratic system China pursued island’s Chief executive kind of system. Similar to Taiwan, China considered Hongkong as its unfinished task of the “Century of humiliation”. So CCP began to actively penetrate every ambit of the governance and establish influence in Hongkong civil society. CCP hand-picked loyal candidates for the post of Chief Executive. It disapproved Hongkong’s demand for Universal Suffrage and instead an electoral college comprising of 1200-member Hongkong’s political elites elected pre-screened candidates for the post of Chief Executive. Of the 70 members in the legislature, 35 members are appointed by special groups with vested interests and the rest are directly elected. This system ensured loyalists of mainland always had an upper hand and final say.

In 1997, after Britain handed over Hongkong to China, President Deng Xiaoping pledged to adopt “One Country two systems”. He assured that Hongkong will remain autonomous for the next 50 years whereby the island had control over judiciary, freedom of press and speech. For initial 15 years after its official handover to China, the island enjoyed the civil liberties and freedom which were denied to Chinese mainlanders. Indeed, while CCP ensured complete erasure of June 4th Tiananmen event from China’s public discourse, Hongkong commemorated the day and preserved the memory of the pro-democracy struggle of the students. Amidst severe Chinese crackdown on freedom of speech Hongkong shined as an oasis of liberal values. It offered some hope to Chinese who aspired for freedom and much needed social and political transformation.

At the time China gained control of Hongkong, it accounted for 18% of Chinese GDP. Realising the strategic importance of Hongkong as the gate to the western world China refrained from meddling its administration and allowed it to maintain its independent identity. In the first decade of the century, China mainland grew much faster than the island. Soon cities in China Shanghai, Shenzhen emerged as trade and investment hubs outcompeting the economic significance of the island. Even the per capita incomes between island and mainland narrowed. Economic success of the island began to take a hit and the island struggled to cater to growing needs of 7.4 million inhabitants. It no longer served as the growth engine for China.  

In 2003, China pressed for amendments in the Article 23 of National Security Law etched in the Hongkong Basic Constitution. The new changes akin to an anti-sedition law were aimed at curbing territory’s freedom of expression. Conscious of China’s attacks on its freedom, 50,000 people hit the streets and forced China to retract the bill.

Since 2012 President Xi who spearheaded the ambitious “Sinification” agenda attempted to innocuously erode the special status accorded to Hongkong. Denying democratic reforms, Xi pushed for direct election of pre-screened candidates for 2017 chief executive elections. Opposing this proposal, islanders launched 79-day series of sit-in protests called Umbrella Movement or Occupy the Central with love and peace and demanded free and fair elections. But President Xi demurred. On the contrary CCP dismissed legislators directly elected in 2016 and jailed pro-democracy leaders who contested the legislative by-elections. Curbing the pro-democracy calls with iron hand, CCP abducted and arrested people who were critical of its overpowering authority in the island. 2015 witnessed sudden disappearance of a Hongkong billionaire and five booksellers. Unequivocally citing China’s policy towards Hongkong, President Xi on the 20th anniversary of official handover said, “use (of) Hongkong to carry out infiltration and sabotage activities against mainland is an act that crosses the redline and is absolutely impermissible”. Implementing its nationalistic strategy, China made “patriotic education” compulsory in Hongkong schools and colleges.

Islanders who are distrustful of China’s agenda to usurp their freedom are now more resentful. The present protests are a culmination of growing frustration of the Hongkongers towards China’s absolute intolerance towards democratic reforms. Unlike the civil disobedience movement of 2014, recent protests are marred by violent clashes and calls for independence. Excessive meddling by China in island’s administration, intimidation and arm-twisting of Taiwan has eventually gave birth to independence movement in Hongkong.

China’s faceoff with Hongkong has come at a time when Beijing is facing international ire for sinking a Philippines vessel, illegal detention of over 1.5 million Uighurs and organ harvesting of Falun Gong members. Despite massive human rights abuses and reluctance to abide by rule of law, China never faced the wrath of sanctions. Beijing is making every attempt to insulate mainlanders from the pro-democratic protests that can inspire any protests. Escalating trade tariff war with the US which is taking a toll on Chinese economy is now stoking internal dissent. The international community which is watching the developments carefully has refrained from making any statements prioritising economic interests. President Trump who has raised cudgels against China should raise this issue in the upcoming G-20 summit. In line with his clarion call of “Make America great again” instead of striving for the economic supremacy alone, he can as well project America as paragon of liberal values by supporting the pro-democratic protests whose voices are muzzled by the Middle Kingdom.

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