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On 18 July 2017 at 08:10, 'Chan CT' [email protected] [GELORA45] < [email protected]> wrote: > > > Menurut saya, hukuman ke-2X yg dijatuhkan pada Liu tetap sama saja, makar > atau gunakan subversif. Dikaitrkan atau tidak dengan peristiwa Tian An Men, > tetap merupakan kelanjutan dari pemikiran yg sama dan tidak berubah > dikepala Liu itu! > > > *From:* [email protected] [GELORA45] > *Sent:* Tuesday, July 18, 2017 12:31 PM > *To:* [email protected] > *Subject:* Re: [GELORA45] Charter 08 > > > > Bung Chan, tidak tahu kita bicara utk hal yg sama atau tidak. Yg jelas Liu > dihukum penjara selama 11 tahun dgn tuduhan makar/subversif bulan Desember > 2009 setelah mengeluarkan petisi/manifesto Charter 08 yg notabene isinya > sama dgn universal declaration of human rights-nya PBB. Dan disini lucu > atau ironinya Tiongkok adalah negara yg voting mendukung/setuju human > rights itu (sumber wikipedia). Dan pada saat warganya mengeluarkan > manifesto berdasarkan deklarasi itu eh malah ditangkap dan dijatuhi hukuman > subversif. > > Hukuman penjara 11 th ini tidak ada kaitannya dgn Tien An Men. > > ---In [email protected], <SADAR@...> wrote : > > TENTU saja TIDAK BEGITU! Setiap warga di RRT juga boleh2 saja mempunyai > beda pendapat dengan Pemerintah, ... selama dia tetap bisa mematuhi HUKUM, > UU yang berlaku. Saya bisa BUKTIKAN tidak sedikit warga Tiongkok, bahkan > anggota PKT yang beda pendapat, dikenal dengan suara sumbang, yang > meneriakkan pandangan sosial Demokrat, seperti Li Rui (mantan sekretaris > Mao, sudah berusia lebih 93 tahun), juga Hu Deping, anaknya Hu Yaobang. Gak > pernah dengar mereka ditangkap, kok! > > Tapi, .... begitu dia menginjak dan melewati garis, ... sudah menjurus > berniat makar, menghujat, mengganyang dan hendak guling pemerintah, begitu > seruan dan tindak tanduk disaat akhir demo lebih sebulan di lap. Tian An > Men, sampai HARUS ditindas 4 Juni 1989! Artinya, toleransi selama sebulan > itu tetap bisa diberikan, tapi begitu aksi-aksi mereka sudah jelas dan > konkrit menjurus mengganyang dan gulingkan pemerintah, bagaimana mungkin > tetap beri toleransi? Apalagi juga sudah jelas ada DUKUNGAN/BANTUAN dari > ASING! Bagaimana mungkin LiuXB salah satu tokoh nya dan setelah itu masih > tetap melakukan kegiatan-kegiatan bersekongkol dengan asing, hendak bung > katakan hanya beda pendapat! Saya yakin disemua negara didunia ini, > termasuk AS juga tidak akan dibiarkan, ... > > Sikap dan tindakan LiuXB yg kebablasan dan radikal inilah yang membuat > dirinya dijebloskan dalam penjara, dan ternyata LiuXB bukan seorang pejuang > yang TEGAR, yang mampu bertahan hidup dipenjara dengan mengatasi BEBAN > pikiran yg terjadi! Coba bandingkan dengan pejuang2 G30S yang dipenjarakan > belasan tahun dengan kondisi jauh lebih berat, .... Dimana dipenjarakan > TANPA BATAS WAKTU, tidak tahu kapan bisa keluar dilepas, ... belum lagi > menghadapi kondisi penjara sudah sangat tidak manusiawi, harus mengalami > penyiksaaan fishik dan bathin begitu berat, ... disamping tidak sedikit > yang mati kelaparan, mati disiksa, tapi juga kenyataan tidak sedikit yang > berhasil mempertahankan hidup! Tapi LiuXB justru menunjukkan kelemahan > dirinya, TIDAK BERHASIL mengatasi pikirannya sendiri dan akhirnya terbunuh > kanker diusia relatif muda itu! > > Salam, > ChanCT > > > *From:* jonathangoeij@... [GELORA45] > *Sent:* Tuesday, July 18, 2017 10:27 AM > *To:* [email protected] > *Subject:* [GELORA45] Charter 08 > > > > Petisi/manifesto dibawah yg membawa Liu Xiaobo kedalam penjara sampai > akhir hayatnya dengan tuduhan subversif, inti manifesto ini adalah "human > rights are universal" yang notabene tertuang dalam Universal Declaration of > Human Rights 1948. Terus terang tidak tahu dimana letak subversifnya. > > --- > > > Charter 08 <http://foreignpolicy.com/2010/10/08/charter-08/> > > Read the manifesto that landed 2010 Nobel Peace Prize winner and Chinese > dissident Liu Xiaobo in prison. > > > > - BY BLAKE HOUNSHELL <http://foreignpolicy.com/author/blake-hounshell> > > <http://www.foreignpolicy.com/articles/2012/04/23/why_do_they_hate_us> > <http://thecable.foreignpolicy.com/> > > <http://turtlebay.foreignpolicy.com/posts/2011/03/16/turtle_bay_brings_home_the_ellie> > > > > <http://www.chryswu.com/blog/2012/05/02/livingston-award-nominees-2011-nominated-journalism/> > > <http://www.time.com/time/specials/packages/article/0,28804,2058946_2059032_2059029,00.html> > > <http://blog.foreignpolicy.com/posts/2008/04/15/passport_wins_best_of_the_web_award> > > <http://www.amazon.com/The-Southern-Tiger-Democratic-Prosperous/dp/B00AZ9ESNG> > > <http://www.twitter.com/blakehounshell> > - OCTOBER 8, 2010 > > > *In December 2008, 303 Chinese activists, including Nobel Peace Prize > winner Liu Xiaobo > <http://www.foreignpolicy.com/articles/2010/10/06/the_prize_china_doesn_t_want_to_win>, > issued "Charter 08," a petition calling for greater human rights and > democratic freedoms in China. An English translation by the Hong Kong-based > NGO Human Rights in China > <http://www.hrichina.org/public/contents/press?revision_id=173861&item_id=85717> > is republished here with permission. The translation was first published in > *China Rights Forum > <http://www.hrichina.org/public/contents/category?cid=173549>*, the > organization’s quarterly journal.* > > > I. Preamble > > > This year marks 100 years since China’s [first] Constitution, the 60th > anniversary of the promulgation of the *Universal Declaration of Human > Rights*, the 30th anniversary of the birth of the Democracy Wall, and the > 10th year since the Chinese government signed the *International Covenant > on Civil and Political Rights*. Having experienced a prolonged period of > human rights disasters and challenging and tortuous struggles, the > awakening Chinese citizens are becoming increasingly aware that freedom, > equality, and human rights are universal values shared by all humankind, > and that democracy, republicanism, and constitutional government make up > the basic institutional framework of modern politics. A “modernization” > bereft of these universal values and this basic political framework is a > disastrous process that deprives people of their rights, rots away their > humanity, and destroys their dignity. Where is China headed in the 21st > century? Will it continue with this “modernization” under authoritarian > rule, or will it endorse universal values, join the mainstream > civilization, and build a democratic form of government? This is an > unavoidable decision. > > The tremendous historic changes of the mid-19th century exposed the decay > of the traditional Chinese autocratic system and set the stage for the > greatest transformation China had seen in several thousand years. The > Self-Strengthening Movement [1861–1895] sought improvements in China’s > technical capability by acquiring manufacturing techniques, scientific > knowledge, and military technologies from the West; China’s defeat in the > first Sino-Japanese War [1894–1895] once again exposed the obsolescence of > its system; the Hundred Days’ Reform [1898] touched upon the area of > institutional innovation, but ended in failure due to cruel suppression by > the die-hard faction [at the Qing court]. The Xinhai Revolution [1911], on > the surface, buried the imperial system that had lasted for more than 2,000 > years and established Asia’s first republic. But, because of the particular > historical circumstances of internal and external troubles, the republican > system of government was short lived, and autocracy made a comeback. > > The failure of technical imitation and institutional renewal prompted deep > reflection among our countrymen on the root cause of China’s cultural > sickness, and the ensuing May Fourth [1919] and New Culture Movements > [1915–1921] under the banner of “science and democracy.” But the course of > China’s political democratization was forcibly cut short due to frequent > civil wars and foreign invasion. The process of a constitutional government > began again after China’s victory in the War of Resistance against Japan > [1937–1945], but the outcome of the civil war between the Nationalists and > the Communists plunged China into the abyss of modern-day totalitarianism. > The “New China” established in 1949 is a “people’s republic” in name, but > in reality it is a “party domain.” The ruling party monopolizes all the > political, economic, and social resources. It has created a string of human > rights disasters, such as the Anti-Rightist Campaign, the Great Leap > Forward, the Cultural Revolution, June Fourth, and the suppression of > unofficial religious activities and the rights defense movement, causing > tens of millions of deaths, and exacting a disastrous price from both the > people and the country. > > The “Reform and Opening Up” of the late 20th century extricated China from > the pervasive poverty and absolute totalitarianism of the Mao Zedong era, > and substantially increased private wealth and the standard of living of > the common people. Individual economic freedom and social privileges were > partially restored, a civil society began to grow, and calls for human > rights and political freedom among the people increased by the day. Those > in power, while implementing economic reforms aimed at marketization and > privatization, also began to shift 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.2 > <http://www.hrichina.org/public/contents/press?revision%5fid=173861&item%5fid=85717#ft2> > In 2004, the National People’s Congress amended the Constitution to add > that “[the State] respects and guarantees human rights.” And this year, the > government has promised to formulate and implement a “National Human Rights > Action Plan.” But so far, this political progress has largely remained on > paper: there are laws, but there is no rule of law; there is a > constitution, but no constitutional government; this is still the political > reality that is obvious to all. The ruling elite continues to insist on its > authoritarian grip on power, rejecting political reform. This has caused > official corruption, difficulty in establishing rule of law, the absence of > of human rights, moral bankruptcy, social polarization, abnormal economic > development, destruction of both the natural and cultural environment, no > institutionalized protection of citizens’ rights to freedom, property, and > the pursuit of happiness, the constant accumulation of all kinds of social > conflicts, and the continuous surge of resentment. In particular, the > intensification of antagonism between the government and the people, and > the dramatic increase in mass incidents, indicate a catastrophic loss of > control in the making, suggesting that the backwardness of the current > system has reached a point where change must occur. > > > II. Our Fundamental Concepts > > At this historical juncture that will decide the future destiny of China, > it is necessary to reflect on the modernization process of the past hundred > and some years and reaffirm the following concepts: > > Freedom: Freedom is at the core of universal values. The rights of > speech, publication, belief, assembly, association, movement, to strike, > and to march and demonstrate are all the concrete expressions of freedom. > Where freedom does not flourish, there is no modern civilization to speak > of. > > Human Rights: Human rights are not bestowed by a state; they are inherent > rights enjoyed by every person. Guaranteeing human rights is both the most > important objective of a government and the foundation of the legitimacy of > its public authority; it is also the intrinsic requirement of the policy of > “putting people first.” China’s successive political disasters have all > been closely related to the disregard for human rights by the ruling > establishment. People are the mainstay of a nation; a nation serves its > people; government exists for the people. > > Equality: The integrity, dignity, and freedom of every individual, > regardless of social status, occupation, gender, economic circumstances, > ethnicity, skin color, religion, or political belief, are equal. The > principles of equality before the law for each and every person and > equality in social, economic, cultural, and political rights of all > citizens must be implemented. > > Republicanism: Republicanism is “joint governing by all, peaceful > coexistence,” that is, the separation of powers for checks and balances and > the balance of interests; that is, a community comprising many diverse > interests, different social groups, and a plurality of cultures and faiths, > seeking to peacefully handle public affairs on the basis of equal > participation, fair competition, and joint discussion. > > Democracy: The most fundamental meaning is that sovereignty resides in > the people and the government elected by the people. Democracy has the > following basic characteristics:(1) The legitimacy of political power comes > from the people; the source of political power is the people. (2) Political > control is exercised through choices made by the people. (3) Citizens enjoy > the genuine right to vote; officials in key positions at all levels of > government must be the product of elections at regular intervals. (4) > Respect the decisions of the majority while protecting the basic human > rights of the minority. In a word, democracy is the modern public > instrument for creating a government “of the people, by the people, and for > the people.” > > Constitutionalism: Constitutionalism is the principle of guaranteeing > basic freedoms and rights of citizens as defined by the constitution > through legal provisions and the rule of law, restricting and defining the > boundaries of government power and conduct, and providing appropriate > institutional capability to carry this out. In China, the era of imperial > power is long gone, never to return; in the world at large, the > authoritarian system is on the wane; citizens ought to become the true > masters of their states. The fundamental way out for China lies only in > dispelling the subservient notion of reliance on “enlightened rulers” and > “upright officials,” promoting public consciousness of rights as > fundamental and participation as a duty, and putting into practice freedom, > engaging in democracy, and respecting the law. > > > III. Our Basic Positions > > Thus, in the spirit of responsible and constructive citizens, we put forth > the following specific positions regarding various aspects of state > administration, citizens’ rights and interests, and social development: > > 1. Constitutional Amendment: Based on the aforementioned values and > concepts, amend the Constitution, deleting clauses in the current > Constitution that are not in conformity with the principle that sovereignty > resides in the people, so that the Constitution can truly become a document > that guarantees human rights and allows for the exercise of public power, > and become the enforceable supreme law that no individual, group, or party > can violate, establishing the foundation of the legal authority for > democratizing China. > > 2. Separation of Powers and Checks and Balances: Construct a modern > government that separates powers and maintains checks and balances among > them, that guarantees the separation of legislative, judicial, and > executive powers. Establish the principle of statutory administration and > responsible government to prevent excessive expansion of executive power; > government should be responsible to taxpayers; establish the system of > separation of powers and checks and balances between the central and local > governments; the central power must be clearly defined and mandated by the > Constitution, and > the localities must exercise full autonomy. > > 3. Legislative Democracy: Legislative bodies at all levels should be > created through direct elections; maintain the principle of fairness and > justice in making law; and implement legislative democracy. > > 4. Judicial Independence: The judiciary should transcend partisanship, be > free from any interference, exercise judicial independence, and guarantee > judicial fairness; it should establish a constitutional court and a system > to investigate violations of the Constitution, and uphold the authority of > the Constitution. Abolish as soon as possible the Party’s Committees of > Political and Legislative Affairs at all levels that seriously endanger the > country’s rule of law. Prevent private use of public instruments. > > 5. Public Use of Public Instruments: Bring the armed forces under state > control. Military personnel should render loyalty to the Constitution and > to the country. Political party organizations should withdraw from the > armed forces; raise the professional standards of the armed forces. All > public employees including the police should maintain political neutrality. > Abolish discrimination in hiring of public employees based on party > affiliation; there should be equality in hiring regardless of party > affiliation. > > 6. Human Rights Guarantees: Guarantee human rights in earnest; protect > human dignity. Set up a Commission on Human Rights, responsible to the > highest organ of popular will, to prevent government abuse of public > authority and violations of human rights, and, especially, to guarantee the > personal freedom of citizens. No one shall suffer illegal arrest, > detention, subpoena, interrogation, or punishment. Abolish the > Reeducation-Through-Labor system. > > 7. Election of Public Officials: Fully implement the system of democratic > elections to realize equal voting rights based on “one person, one vote.” > Systematically and gradually implement direct elections of administrative > heads at all levels. Regular elections based on free competition and > citizen participation in elections for legal public office are inalienable > basic human rights. > > 8. Urban-Rural Equality: Abolish the current urban-rural two-tier > household registration system to realize the constitutional right of > equality before the law for all citizens and guarantee the citizens’ right > to move freely. > > 9. Freedom of Association: Guarantee citizens’ right to freedom of > association. Change the current system of registration upon approval for > community groups to a system of record-keeping. Lift the ban on political > parties. Regulate party activities according to the Constitution and law; > abolish the privilege of one-party monopoly on power; establish the > principles of freedom of activities of political parties and fair > competition for political parties; normalize and legally regulate party > politics. > > 10. Freedom of Assembly: Freedoms to peacefully assemble, march, > demonstrate, and express [opinions] are citizens’ fundamental freedoms > stipulated by the Constitution; they should not be subject to illegal > interference and unconstitutional restrictions by the ruling party and the > government. > > 11. Freedom of Expression: Realize the freedom of speech, freedom to > publish, and academic freedom; guarantee the citizens’ right to know and > right to supervise [public institutions]. Enact a “News Law” and a > “Publishing Law,” lift the ban on reporting, repeal the “crime of inciting > subversion of state power” clause in the current *Criminal Law*, and put > an end to punishing speech as a crime. > > 12. Freedom of Religion: Guarantee freedom of religion and freedom of > belief, and implement separation of religion and state so that activities > involving religion and faith are not subjected to government interference. > Examine and repeal administrative statutes, administrative rules, and local > statutes that restrict or deprive citizens of religious freedom; ban > management of religious activities by administrative legislation. Abolish > the system that requires that religious groups (and including places of > worship) obtain prior approval of their legal status in order to register, > and replace it with a system of record-keeping that requires no scrutiny. > > 13. Civic Education: Abolish political education and political > examinations that are heavy on ideology and serve the one-party rule. > Popularize civic education base > d on universal values and civil rights, establish civic consciousness, and > advocate civic virtues that serve society. > > 14. Property Protection: Establish and protect private property rights, > and implement a system based on a free and open market economy; guarantee > entrepreneurial freedom, and eliminate administrative monopolies; set up a > Committee for the Management of State-Owned Property, responsible to the > highest organ of popular will; launch reform of property rights in a legal > and orderly fashion, and clarify the ownership of property rights and those > responsible; launch a new land movement, advance land privatization, and > guarantee in earnest the land property rights of citizens, particularly the > farmers. > > 15. Fiscal Reform: Democratize public finances and guarantee taxpayers’ > rights. Set up the structure and operational mechanism of a public finance > system with clearly defined authority and responsibilities, and establish a > rational and effective system of decentralized financial authority among > various levels of government; carry out a major reform of the tax system, > so as to reduce tax rates, simplify the tax system, and equalize the tax > burden. Administrative departments may not increase taxes or create new > taxes at will without sanction by society obtained through a public > elective process and resolution by organs of popular will. Pass property > rights reform to diversify and introduce competition mechanisms into the > market; lower the threshold for entry into the financial field and create > conditions for the development of privately-owned financial enterprises, > and fully energize the financial system. > > 16. Social Security: Establish a social security system that covers all > citizens and provides them with basic security in education, medical care, > care for the elderly, and employment. > > 17. Environmental Protection: Protect the ecological environment, promote > sustainable development, and take responsibility for future generations and > all humanity; clarify and impose the appropriate responsibilities that > state and government officials at all levels must take to this end; promote > participation and oversight by civil society groups in environmental > protection. > > 18. Federal Republic: Take part in maintaining regional peace and > development with an attitude of equality and fairness, and create an image > of a responsible great power. Protect the free systems of Hong Kong and > Macau .On the premise of freedom and democracy, seek a reconciliation plan > for the mainland and Taiwan through equal negotiations and cooperative > interaction. Wisely explore possible paths and institutional blueprints for > the common prosperity of all ethnic groups, and establish the Federal > Republic of China under the framework of a democractic and constitutional > government. > > 19. Transitional Justice: Restore the reputation of and give state > compensation to individuals, as well as their families, who suffered > political persecution during past political movements; release all > political prisoners and prisoners of conscience; release all people > convicted for their beliefs; establish a Commission for Truth Investigation > to find the truth of historical events, determine responsibility, and > uphold justice; seek social reconciliation on this foundation. > > > 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, ought to make its own contribution to peace for humankind and > progress in human rights. Regrettably, however, of all the great nations of > the world today, China alone still clings to an authoritarian way of life > and has, as a result, created an unbroken nchain 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! We > cannot put off political democratization reforms any longer. Therefore, in > the civic spirit of daring to take action, we are issuing *Charter 08*. > We hope that all Chinese citizens who share this sense of crisis, > responsibility, and mission, whether officials or common people and > regardless of social background, will put aside our differences to seek > common ground and come to take an active part in this citizens’ movement, > to promote the great transformation of Chinese society together, so that we > can soon establish a free, democratic, and constitutional nation, > fulfilling the aspirations and dreams that our countrymen have been > pursuing tirelessly for more than a hundred years. > > > >
