Archive for ‘Rule of law’

28/11/2012

* China to tighten laws on land grabs in rural stability push

The new leadership is already taking steps to improve conditions for the rural population of China. That is assuming local authorities take heed of central edicts.

Reuters: “China’s cabinet vowed on Wednesday to tighten laws on the expropriation of farmland, warning that the problem risked fuelling rural unrest and undermining the country’s food security.

“Rural land has been expropriated too much and too fast as industrialization and urbanization accelerate,” state news agency Xinhua reported, summing up a meeting of the State Council.

“It not only affects stability in the countryside but also threatens grain security.”

More reforms need to be put in place and a better legal system set up to resolve the problem, including stricter regulation on farmland expropriation, Xinhua said.

The meeting passed a draft law amendment altering rules on how to compensate farmers whose “collectively owned” land is expropriated, the news agency said, without providing details.

“The government must make efforts to beef up support for farmers and place rural development in a more important position,” it added.

While the comments on land seizures do not break new policy ground, they do underscore government jitters about rural discontent as President Hu Jintao prepares to hand over the running of the country to his successor, Vice President Xi Jinping, named Communist Party head this month.

Farmers in China do not directly own most of their fields. Instead, most rural land is owned collectively by a village, and farmers get leases that last for decades.

In theory, the villagers can collectively decide whether to apply to sell off or develop land. In practice, however, state officials usually decide. And hoping to win investment, revenues and pay-offs, they often override the wishes of farmers.

The number of “mass incidents” of unrest recorded by the e government grew from 8,700 in 1993 to about 90,000 in 2010, according to several government-backed studies. Some estimates are higher, and the government has not released official data for recent years.

Conflict over land requisitions accounted for more than 65 percent of rural “mass incidents”, the China Economic Times reported this year, citing survey data.”

via China to tighten laws on land grabs in rural stability push | Reuters.

24/11/2012

* Guizhou man who broke tragic story of dumpster boys sent on ‘vacation’

Two steps forward, one step back OR is it one step forward , two back?

SCMP: “A former journalist who broke the story of the deaths of five street children in Bijie, Guizhou, a week ago has been sent on “a vacation” by local authorities trying to contain the fallout from the tragedy.

Li Muzi, the son of Li Yuanlong, said his father had been taken away by the authorities at 1pm on Wednesday and put on a plane at Guiyang airport for “a holiday” at a tourist destination he did not want disclosed.

“My father told me he received several phone calls before he was taken away from home,” said Li Muzi, who is studying in the United States. He keeps in contact with his father over the internet and by phone. “Apparently they are trying to prevent him from helping other reporters follow up on the incident.”

Li Yuanlong, a former Bijie Daily reporter, has written four postings on Kdnet.net  – a popular online bulletin board on the mainland – since last Friday  detailing the circumstances that led to the five boys’ deaths in a wheeled refuse bin in Bijie’s Qixingguan district that morning.

The victims, all brothers or cousins aged nine to 13, died of carbon monoxide poisoning after lighting a fire in the bin to escape the cold, according to an initial investigation by the city government.

Follow-up reports by mainland media that accused the local authorities of failing to act on parents’ pleas about the five missing boys for more than a week triggered a huge outcry.

Li Muzi said he spoke to his father around 9am yesterday and his father had asked him to delete a microblog entry he had written about  the  disappearance. He said his father was worried it could have a bearing on how long he would be kept away from home.

Li Fangping, a Beijing-based lawyer who has asked the Bijie city government to provide more information on its handling of the  boys before their deaths, said the local authorities had violated the law by  ordering Li Yuanlong’s disappearance.

“It’s the same kind of overkill in the name of stability maintenance that we saw in the lead-up to the Communist Party’s 18th national congress,” he said.

“What we’re seeing now is at odds with the harmonious and beautiful China that new leadership tries to project to the world.””

via Guizhou man who broke tragic story of dumpster boys sent on ‘vacation’ | South China Morning Post.

See also: https://chindia-alert.org/2012/11/23/assistance-mechanism-set-up-after-street-kids-death/

21/11/2012

* India outraged: voices rise in crescendo against ‘Facebook arrests’

Technoholik: “Oppressive, deplorable, arbitrary… the adjectives flew freely Tuesday as Indians across all sectors verbalised their outrage at the arrest of two young women who questioned on Facebook the shutdown in Mumbai after Shiv Sena chief Bal Thackeray‘s death.

Shaheen Dhada, left, and Renu Srinivas, who were arrested for their Facebook posts, leave a court in Mumbai on Nov 20, 2012

A day after 21-year-old Shaheen Dabha was arrested with her friend, who had ‘liked’ the post on Facebook, and her uncle’s clinic in Thane was vandalised, police arrested nine people believed to be from the Shiv Sena. Both the women were arrested Sunday – for “hurting religious sentiments” and under the Information Technology Act, 2000 – and released on bail Monday. Police also launched an inquiry against the arrests and the vandalism in Thane, near India’s financial and entertainment hub Mumbai.

But that did little to curb the democracy vs dictatorship debate and the mounting fury over police high-handedness. The topic was hotly discussed in college and school classrooms, in offices, on social networking sites and was also the top trending topic on Twitter. From corporates and students to politicians and academics, the voices of protest, young and old, rose in unison. “I am so scared to write on facebook… My freedom of expression is killed by the arrest of two young ladies in Mumbai,” wrote Guwahati-based wildlife activist Firoz Ahmed on his Facebook wall.

“Police officers who arrested the two girls in Mumbai shud be immediately dismissed. That’s minimum that the govt ought to do,” tweeted activist-turned-politician Arvind Kejriwal. “Now you can’t ask questions about why there should be a bandh? Did anyone notify the police that this is actually a democracy?” Mumbai-based author Jerry Pinto wrote angrily on his Facebook wall. In Mumbai-based communications professional Kumar Manish’s view, the arrests were an “oppressive way of muzzling voices”. “It is unfortunate and deplorable that Maharashtra Police, a state functionary, acts and reacts within couple of hours for an action which is within the laws enshrined in the Constitution of India… We are living in a democracy, let us not make it ‘demo-crazy’,” he added.”

via India outraged: voices rise in crescendo against ‘Facebook arrests’ | Technoholik.com.

21/11/2012

* Hope rule of law will prevail in Pak in 26/11 case: Khurshid

The Hindu: “With the execution of lone surviving Mumbai attacks gunman Ajmal Kasab, India hopes “rule of law” will prevail in Pakistan as well, said External Affairs Minister Salman Khurshid even as civil society organisations were saddened by the end to the country’s moratorium on capital punishment.

Mr. Khurshid was referering to a trial in Pakistan of seven persons accused of masterminding the Mumbai attacks. The Minister said India had not received any request from Pakistan for handing over the body of Kasab whose hanging came barely 12 hours after India voted against a non-binding resolution in the United Nations banning the death penalty.”

via The Hindu : News / National : Hope rule of law will prevail in Pak in 26/11 case: Khurshid.

22/10/2012

* China leftists urge parliament not to expel Bo Xilai

Reuters: “A group of Chinese leftists has issued a public letter calling on the country’s largely rubber stamp parliament not to expel disgraced former top leader Bo Xilai from its ranks, saying the move is legally questionable and politically motivated.

China's former Chongqing Municipality Communist Party Secretary Bo Xilai (L) and former Deputy Mayor of Chongqing Wang Lijun (R) attend a session of the Chinese People's Political Consultative Conference (CPPCC) of the Chongqing Municipal Committee, in Chongqing municipality, January 7, 2012. REUTERS/Stringer

Stripping membership from Bo – the one-time Communist Party chief of Chongqing who is accused of abusing power, taking huge bribes and other crimes – also removes his immunity from prosecution, and paves the way for formal charges against him.

Bo’s ouster has exposed deep rifts in the party between his leftist backers, who are nostalgic for the revolutionary era of Mao Zedong, and reformers, who advocate for faster political and economic reforms.

The letter, carried on the far-left Chinese-language website “Red China” and addressed to the parliament’s standing committee, says the party is fuelling doubts about the accusations against Bo by refusing to discuss them publicly.

“What is the reason provided for expelling Bo Xilai? Please investigate the facts and the evidence,” says the letter. “Please announce to the people evidence that Bo Xilai will be able to defend himself in accordance with the law.”

Parliament and its members are there to provide oversight and make laws, not to “act as a rubber stamp” for attacks on people for personal reasons by political factions, it added.”

via China leftists urge parliament not to expel Bo Xilai | Reuters.

15/09/2012

* Coalgate: Supreme Court issues notice to Centre over coal block allocations

The Times of India: “The Supreme Court has issued notice to the Centre on coal block allocations and has asked the govt what action it proposes to take against illegal allotments and those allottees who breached the contract.

The apex court has asked the coal secretary to file affidavit answering 6 questions on a PIL seeking cancellation of all 194 coal mine blocks under controversy.

The apex court’s posers to the government includes —

Why competitive bidding process was not followed for allocation of coal blocks?

What were the guidelines for allocation of coal blocks and whether there was any deviation during actual allocation?

Why so many politicians and their relatives figure among the alleged irregular allottees?

Whether the guidelines for allocation overlooked the safety mechanism to render the allotments as largesse in favour of private parties?

Whether govt’s objective in coal block allocation has been achieved through the present mode of allocation, which was faulted by the CAG?

The apex court has asked the coal secretary to file a response in 8 weeks.

Turning down the Centre’s plea that the court should not go into the issue as it is being looked into by a Parliamentary committee, the apex court said “these are different exercises.”

A bench of justices R M Lodha and A R Dave said the petition raised serious questions and “it requires explanation from the government”.”

via Coalgate: Supreme Court issues notice to Centre over coal block allocations – The Times of India.

See also: https://chindia-alert.org/2012/09/07/india-parliament-ends-in-deadlock/

03/09/2012

* India’s top court allows some iron ore mining to resume

BBC News: “India’s Supreme Court has partially lifted its 16-month-old ban on iron ore mining, allowing some mines to resume work in southern Karnataka state.

Iron ore mining in Goa

Companies which had “not violated their lease conditions” could resume mining, the court ruled on Monday.

The ban was imposed last year in Bellary, Chitradurga and Tumkur districts over environmental concerns.

The order will open up about 5 million tonnes a year of production again, reports say.

India is the third largest producer of iron ore in the world and Karnataka, which produces about 45 million tonnes of iron ore per year, is India’s second largest supplier.

But mining in the state has been under the spotlight for some time with reports of illegal mining and has become a hot political issue.

The Supreme Court order follows recommendations of the court-appointed Central Empowered Committee (CEC).

In a report in February, the CEC recommended that licences of as many as 49 iron ore miners in Karnataka should be cancelled.

It said 72 other miners should be fined for operating mining pits and burden dumps outside sanctioned areas.

“The extent and level of unauthorised, unregulated, environmentally unsustainable and illegal mining in its various facets has no other parallel in the country,” the CEC said it is report.

Last year, BS Yeddyurappa, the then chief minister of Karnataka, resigned after an anti-corruption panel indicted him in a mining scandal. Mr Yeddyurappa denies the allegation.”

via BBC News – India’s top court allows some iron ore mining to resume.

29/08/2012

* In China, Sons Fight Railways Ministry Over Crash

NY Times: “Henry Cao has stark memories of the moment the high-speed train he was riding rear-ended another last summer in the eastern city of Wenzhou: the pleasantly hypnotic rocking that gave way to a jolt he likened to an earthquake, followed by blackness and the sensation of falling as the car plummeted 100 feet off a viaduct.

Henry Cao, left, and his brother, Leo, at the site of a train crash that killed their parents and injured Henry in Wenzhou last year.

“We were flying like rag dolls,” he said.

The crash killed 40 passengers, injured 191 and shook the nation’s confidence in its ambitious high-speed rail system. Mr. Cao, 33, a Chinese-American importer from Colorado, barely survived; he lost a kidney and his spleen, and head injuries have left him mired in a perpetual daze, unable to stay awake for more than an hour or two. His parents, naturalized American citizens taking him on a triumphant tour of their native land, were killed.

As Mr. Cao has struggled to recover over the past year, he has found himself drained by a different sort of battle: trying to wrest compensation from the Ministry of Railways, an unbending government behemoth unaccustomed to dealing with determined foreign citizens.

This month Mr. Cao returned to China for the first time since the accident. He and his brother, Leo, came to collect their parents’ remains and to press negotiations with the ministry. “They know how to wear you down,” said Leo Cao, 30. “First they let you scream and yell, then they stall you, and finally they tell you vague and empty words. Now they say, ‘You’re lucky you’re getting anything.’ ”

Their painful and politically fraught odyssey has highlighted the workings of an omnipotent ministry that employs more than two million people and rivals the Chinese military in size and influence. The experience has been disorienting for the Cao brothers, who left China as adolescents two decades ago. “This place is not how I remember it,” said Henry Cao, speaking faintly as his eyes flickered and lost focus. “Everyone is rushing around to make money. Life here is cheap.”

The ministry, which runs its own court system and is largely impervious to oversight, has long been dogged by accusations of corruption. A former rails minister, Liu Zhijun, who was fired five months before the accident, is expected to go on trial next month for charges of taking millions of dollars in bribes and other unnamed “disciplinary violations.”

Zhang Kai, a lawyer who represented a passenger sentenced to three years in prison for slapping a train conductor, described the ministry as a “monster left over from the planned economy era” that resists reform or challenges to its authority. “It is common knowledge that the ministry is responsible for generating maximum profits while supervising itself,” Mr. Zhang said.

In a report released in December, government investigators placed the blame for the Wenzhou accident on flaws in signaling equipment. Investigators say the ministry bypassed safety regulations in its haste to create the world’s largest high-speed railroad network.”

via In China, Sons Fight Railways Ministry Over Crash – NYTimes.com.

29/08/2012

* India riots: Court convicts 32 over Gujarat killings

BBC News: “A court in India has convicted 32 people for involvement in the 2002 religious riots in Gujarat state.

Rioting in Gujarat in 2002

The court acquitted 29 others in the case known as the Naroda Patiya massacre.

Among those convicted were former minister Maya Kodnani and Babu Bajrangi, a former leader of the militant Hindu group Bajrang Dal.

A total of 95 people were killed in the rioting on 28 February in the Naroda Patiya area of Ahmedabad city.

Most of the convicted, including Ms Kodnani and Mr Bajrangi, were found guilty of murder and criminal conspiracy, reports said.

The trial began in August 2009 and charges were framed against 62 people. One of the accused died during the trial.

Ms Kodnani was the junior minister for women and child development in the Gujarat government when she was arrested in connection with the incident in 2009.

More than 1,000 people, mostly Muslims, were killed when riots erupted after 60 Hindu pilgrims died in a train fire in 2002.

It was one of India’s worst outbreaks of religious violence in recent years.”

via BBC News – India riots: Court convicts 32 over Gujarat killings.

See also: Indian ethnic – religious tensions

27/08/2012

* Gu Kailai verdict set for Monday

FT: “The verdict in the murder trial of the wife of disgraced Chinese politician Bo Xilai will be announced on Monday, wrapping up a key phase in the Communist party’s efforts to deal with its biggest internal crisis in decades.

Mr Bo’s wife Gu Kailai and Zhang Xiaojun, a former family aide and co-defendant, were tried in the eastern city of Hefei on August 9 on charges of murdering Neil Heywood, the Bo family’s British business agent.

Gu Kailai Body Double

The verdict would be announced at 9am on Monday, said the Hefei Intermediate People’s Court.

Ms Gu is widely expected to be found guilty because Chinese state media had spoken of “irrefutable evidence” against her even before the trial started, and she confessed in court, according to observers present at the trial.

Chinese courts, which play a growing role in commercial disputes in the country, enjoy little or no independence in cases that are considered politically sensitive or touch upon the interests of government or party officials, well-connected individuals or state enterprises.

Ms Gu’s trial, which lasted for less than eight hours, was tightly stage-managed, with authorities barring access for foreign media.

The official accounts of the proceedings have triggered doubts and debate over the validity of Ms Gu’s reported confession and other details of the trial.

Two security experts familiar with facial recognition software said the person shown in state television footage of the courtroom was not Ms Gu.

…”

via Gu Kailai verdict set for Monday – FT.com.

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