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Beijing 2008: Winning Press Freedom Conference Beijing's Legal Obligations as Olympics Host: A Human Rights in China Briefing Paper Olympic, International, and Domestic Obligations In July 2001, the International Olympic Committee (IOC) awarded Beijing the 2008 Summer Olympics after a competitive bidding process. The decision was controversial due, in large part, to China's track record on human rights. In the last seven years, Olympics preparations exacerbated existing human rights problems and triggered new domestic protests and criticism. International advocates have raised concerns over crackdowns on rights defenders and activists, Tibet, and China's role in Darfur. Domestic and international voices critically linking these human rights problems to the Olympics are met with objections from Beijing, the IOC, and corporate sponsors that the Olympics are not the proper forum to raise these issues. The Chinese authorities, however, were the first to raise expectations that the Olympics would contribute to advancing democracy and human rights, during the Olympic bid process. It was the Beijing Organizing Committee for the Games of the XXIX Olympiad (BOCOG) itself that outlined its promises and vision for the positive impact of the Games on Chinese society, the environment, and development. As the host of the 2008 Games, what are Beijing's obligations? What did Beijing promise in order to win the bid? Who is responsible for delivering on these promises? What can various actors do in the final lead-up to the Olympics to advance compliance and delivery on these promises and obligations? Along with the prestigious honor of hosting this international event come international obligations. Olympics-specific responsibilities include the representations and promises made by China during the bid process, set forth in the Host City Contract, and elaborated in the Beijing Olympic Action Plan. Additionally, a host city must uphold the high ideals of the Olympic Charter, which include the promotion of peace and preservation of human dignity. At the international level, China has made a number of commitments to human rights specified in documents such as the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Finally, Chinese law itself includes provisions regarding the fundamental rights of freedom of speech, freedom of the press, and guarantees of official transparency. Only by honoring these commitments in a transparent and accountable fashion throughout remaining preparations for and during the Games, as well as long after the Games are finished, can China host a truly successful Olympics. Changing the Rules Mid-Game An aspiring Olympics host city has to clear many hurdles. For Beijing, it took two bid attempts, one in 1993, and the second successful bid in 2001. With the old lobbying practices now deemed corrupt and unethical, cities had to navigate a complex bureaucratic process set forth in the new "Candidature Acceptance Procedures" adopted by the IOC Executive Board in February 2000. Applicant cities must present to the IOC Executive Board, through their respective National Olympic Committees, a completed questionnaire that addresses six themes: motivation and concept, political and public support (including any opposition), general infrastructure, sports infrastructure (including environmental impact), logistics and experience, and financing. In August 2000, the IOC Executive Board named five cities to proceed as candidate cities: Beijing, Istanbul, Osaka, Paris and Toronto. These candidate cities had to meet rigorous application requirements including ten minute presentations to the IOC Executive Board, submit a candidature file, together with a non-refundable deposit of $150,000, and host a four-day site visit by the Evaluation Commission. The candidature file had to address 18 themes and 149 questions. Between mid-February and mid-April 2001, the IOC Evaluation Commission conducted site visits to each of the cities. As part of the application requirements, guarantees were required from national, regional, and local authorities, as well as city and other competent authorities. Based upon review of the candidature files and the report, the IOC Executive Board drew up the final list of candidate cities to be submitted to the IOC Session for election through secret balloting. The April 3, 2001 IOC Evaluation Commission Report offered this assessment of the Beijing bid: "This is a government-driven bid with considerable assistance of the NOC (National Olympic Committee). The combination of a good sports concept with complete Government support results in a high quality bid. The Commission notes the process and pace of change taking place in China and Beijing and the possible challenges caused by population and economic growth in the period leading up to 2008 but is confident that these challenges can be met. There is an environmental challenge but the strong government actions and investment in this area should resolve this and improve the city. It is the Commission's belief that a Beijing Games would leave a unique legacy to China and to sport and the Commission is confident that Beijing could organize excellent Games." (Emphasis added.) On July 13, 2001, in Moscow, the IOC voted to award China the honor of hosting the 2008 Olympic Games. Despite its failed first Olympics bid in 1993, despite its serious record of ongoing human rights abuses, and despite achieving a top rating in only one out of ten applicant selection categories, Beijing had come from behind to beat out Osaka, Paris, Toronto, and Istanbul. From the beginning of its Olympics bid, China set high expectations. Promises made by government officials and Olympics organizers were influential in Beijing's successful bid. An official commentary published in Xinhua newspaper complimented the IOC for its foresight in awarding the Games to China, a country that seven years later "will be home to a stable society, a prosperous economy and a well-off population, that the country's transportation and environmental situation will be greatly improved, and that the cause of democracy and rule of law will continually advance." In February 2001, Beijing's Deputy Mayor Liu Jingmin, a top Olympic official, said that "By applying for the Olympics, we want to promote not just the city's development, but the development of society, including democracy and human rights." Liu added that a victorious bid would "help us establish a more just and harmonious society, a more democratic society, and help integrate China into the world." Wang Wei, Secretary General of the Beijing bid committee, pledged that the government "will give the media complete freedom to report when they come to China." These promises represent a range of commitments to the IOC, the Chinese people, and the international community, including commitments on human rights, social and economic development, and press freedom. Yet, since then, the Chinese authorities have changed their tune, stressing "sovereignty" and that the "Games are only about competition and athletes." BOCOG Executive Vice President Jiang Xiaoyu said in March 2008: "As International Olympic Committee Jacques Rogge said, the Games is solely a sporting gala that shouldn't be linked with politics." On protests along the Olympic Torch Relay route in Athens, Wang Wei stated: "We are here to celebrate the Olympic spirit, not to come to a political debate." Reflecting irresponsible historical amnesia, the IOC, corporate sponsors, and even foreign governments are echoing this official Chinese line. With the billions of dollars already invested in or expected as profit from the Games, it is clear that changing the rules mid-game has become rhetorically--and politically--acceptable. Beijing's Responsibilities as Host City The Beijing Games must be judged within the broad framework of official representations and promises, domestic law, and the host's ongoing international obligations--including human rights obligations and the Olympic Charter. Beijing's Olympic-specific obligations are set forth clearly in the (still not publicly available) Host City Contract and the 2002 Beijing Olympic Action Plan. While Beijing's actual bid candidature file is not publicly available, the Model candidature file from the IOC's Manual for Candidate Cities for the 2008 Olympics indicates the types of commitments Beijing addressed. These include information, representations, and guarantees regarding: o the safety and the peaceful operation of the Olympic Games; o fulfillment of obligations and respect for the Olympic Charter (including the goal of encouraging the establishment of a peaceful society concerned with preservation of human dignity); o evidence of support of national, regional, and local populations including opinion polls (must be conducted by internationally recognized research agencies or organizations), referendums, awareness campaigns; o any laws prohibiting or limiting importation of foreign newspapers, periodicals, or other publications; o economic effect on the city and the region; o planning, construction and protection of the environment; o health system, water and air quality, and arrangements for the Games; o security including crime rates, risks posed by "activist minorities" (religious, political, ethnic, etc.) or terrorist groups in the country or the region. (Emphasis added.) The Host City Contract signed by the Beijing authorities, the IOC, and the China National Organizing Committee (NOC) sets forth the legal, commercial, and financial rights and obligations of the IOC and Beijing. Together with China's NOC and the Beijing authorities, BOCOG is responsible for realizing the obligations set forth in the Host City Contract and the annexes. Despite requests by Tibetan groups, HRIC, and others, the Beijing Host City Contract has not yet been made public. However, IOC officials, including President Jacques Rogge, have alluded to provisions in the contract that respect human rights and instruct BOCOG to provide complete media access. The Beijing Olympic Action Plan lays out in greater detail the overall guidelines and plan for Olympics preparations. This plan pledges to provide "Green Olympics," "High Tech Olympics," "Free and Open Olympics," and "People's Olympics." These lofty aims include specific standards to which Beijing has promised to hold itself accountable. They encompass a wide range of obligations, from responsible governance to air quality targets, security to economic development. Reporting On and Judging Performance of Olympics Promises Despite the government's promises to host an Olympics that will promote and help the development of human rights, the Games are being used as a justification for further violations, including forced evictions, closure of migrants' schools, harassment of lawyers, and tightened media controls. While the time for an interim assessment has come and gone, past Host Cities have issued a post-Olympics assessment. Through its Olympics and other international promises, Beijing itself has provided the framework by which the success of these Games should be judged. The media plays, and will continue to play, an important role in reporting on Beijing's delivery on those commitments. We identify below some key concerns related to the promises set forth in the Beijing Olympic Action Plan. Green Olympics. "By 2008, we will achieve the goal of building the capital into an ecological city that features green hills, clear water, grass-covered ground, and blue sky." A Green Olympics cannot be expensive cosmetics for just the city of Beijing at the expense of the surrounding provinces (e.g., access to water) or the rest of the country. A Green Olympics by definition must also be responsible for longer term sustainable impacts on air pollution and protection of water resources. While China's government has taken some environmental steps, such as planting more trees in Beijing, it has a long way to go in tackling major environmental challenges. o Pollution: Much media attention has focused on the impact of pollution on the athletes participating in the Games. Jacques Rogge, president of the International Olympic Committee, has warned that events could be postponed if conditions are unhealthy, and some athletes say they plan to arrive in Beijing as late as possible to minimize their exposure to pollution, or have refused to participate in certain events altogether. In assessing a Green Olympics, there needs to be greater attention on the serious impacts of pollution on China's own people. A World Health Organization report estimates that air and water pollution in China causes some 750,000 premature deaths every year, and China is home to 16 of the 20 most polluted cities in the world. o Water shortages: Beijing's neighboring provinces have faced a decade-long drought. Now Olympics demands are diverting water to Beijing, threatening the lives of millions of peasant farmers, according to a senior Chinese official. Olympics preparations have already exacerbated this precarious water shortage crisis. How will these farmers cope in the final lead-up to the Games and after? These examples reflect the complex challenges that require long-term solutions, and the cooperation of other governments, regional organizations, transnational corporations, and ordinary citizens, as well as the Chinese government itself. High Tech Olympics. "We will make all-out efforts to guarantee the security during the Olympic Games on the basis of a sound social order, reliable public transport and fire fighting systems, safe medical and health structures, and well planned supporting measures." A High Tech Olympics must strike an appropriate balance between security and respect for human rights required by international standards. This challenge is particularly critical in light of China's repressive security, censorship, and surveillance system. The security technology sectors and systems, in large part provided by foreign corporations, raise serious concerns. The Olympic organizing committee says it will spend about $300 million on security. And China's security budget is expected to continue to grow after 2008 at an annual rate of at least 20 percent (the country is already the second largest security equipment market in the world, after the United States). China has not provided transparency and assurances that sophisticated new security systems will not be deployed to undermine human rights. o Post-Olympics use: Armed with new security technology acquired for the Olympics, China will have an even greater capacity to monitor and restrict individual rights beyond 2008. There needs to be international scrutiny and discussion to ensure that rights defenders and vulnerable groups, including ethnic minorities and religious practitioners, will not be exposed to more effective surveillance and repression. o Biometric data collection: As China collects biometric and other information on foreigners, including the projected 30,000 journalists entering the country for the Games, what information will this high-tech surveillance collect? How will the biometric information (including photographs) collected at airports, subways, public spaces, and Olympics venues be stored, disseminated? What are the safeguards for ensuring privacy as well as freedom of expression? How will these safeguards comport with foreign and international standards? Free and Open Olympics. "In the preparation for the Games, we will be open in every aspect to the rest of the country and the whole world. We will draw on the successful experience of others and follow the international standards and criteria." A free and open Olympics must include respect for freedom of expression and the right to access and disseminate information. These rights must be respected and advanced for foreign media, athletes, tourists and other visitors--and for all Chinese people. A Free and Open Olympics also requires transparency and accountability. o Access for foreign journalists: Despite new regulations for foreign journalists that went into effect on January 1, 2007, the rules have been routinely flouted by local officials, and the forced departures of foreign reporters from Tibet raises concerns about media black-outs in the face of human rights crises. A survey by the Foreign Correspondents Club of China found that 95 percent of its members think reporting conditions in China are still not up to international standards. If foreign journalists are vulnerable, what can domestic journalists expect? Media organizations and NGOs, including HRIC, have pressed for the extension of the sunset date of the foreign news regulations and for extension to cover domestic journalists. The final lead-up to the Games and the Games themselves provide an excellent opportunity to test the seriousness and effectiveness of these guarantees. o Greater transparency and accountability: The development of a number of local and national Open Government Information (OGI) initiatives should be monitored and tested. These efforts introduce the novel presumptions that government information should be made public and that official agencies are obligated to disclose such information upon request. The State Council passed a national OGI regulation that will take effect on May 1, 2008, in time for concerned citizens to request previously-undisclosed information regarding Olympics preparations. Efforts should be made to see whether Olympics-related information--such as budget and expenditures--and details of the Host City Contract would be disclosed. People's Olympics. "The Olympic Games will give an impetus to economic development and urban construction and management, and bring about increasing benefits for the people. We will make the preparations for the Olympic Games a process of substantially improving the people's living standard, both materially and culturally." Inequality has widened in recent years, with a growing income disparity between rural and urban residents. Although the Chinese government has spent large amounts on economic development in Beijing, development has been accompanied by forcible evictions and crackdowns. A People's Olympics must advance equitable and sustainable social and economic development for all of China's people, and respect for economic, cultural, and social rights, including religious and cultural integrity. o Migrant workers: Although migrant workers provided labor for the construction of Olympic sites, they were discarded after their work was completed and subject to evictions and other tactics aimed at keeping them out of the cities as part of the "Olympics clean-up" campaign. The Ministry of Public Security has demanded that all Chinese cities set up systems by the end of 2009 to more easily track migrants. o Ethnic minorities: The "war on terror" continues to be used to justify repression of Uyghurs, Tibetans and Mongols. In Beijing, the commoditization of ethnic minorities is evident in their portrayal as pre-modern and exotic at the National Ethnic Minorities Park. With the tense situation in Tibet, will the Olympics be a force for encouraging the Chinese authorities to enter into a dialogue for peaceful resolution and to address the failures of its policies in the so-called autonomous regions? o Displacement: The number of people displaced by Olympics-related development in Beijing rose to 1.25 million in early 2007. Another 250,000 are expected to be displaced over 2008. Issues of compensation, relocation, and preservation of neighborhoods will require ongoing international attention. Looking ahead to the 2008 Beijing Olympics and beyond, an investigation of these issues can advance delivery on the host city's promises and legal obligations. With only four months remaining before the opening ceremonies, the current timeframe to consider these challenging and complex issues is inadequate. The problems that China faces have deep and historic political, legal, and cultural roots. Considering a longer horizon, Liu Jianchao of the Ministry of Foreign Affairs has himself stated, "The Chinese Government will always be dedicated to improving and protecting human rights, be it prior to, or in the midst of or beyond the Beijing Olympics." The Olympics provides an invaluable opportunity to get greater traction on addressing these problems. Additionally, the impact of the 2008 Games on the Olympics movement will extend beyond China, as it affects the real interests of the IOC, corporate sponsors, partners, and suppliers, and future host cities. The international and domestic media in particular are critical to the effort--the final push--to hold Beijing accountable to its obligations and promises, and to ensure a successful Games. Resource list: IOC Evaluation Commission report on Beijing's 2001 Bid: http://multimedia.olympic.org/pdf/en_report_299.pdf 2002 Beijing Olympics Action Plan: http://www.usembassy-china.org.cn/fcs/pdf/boap.doc IOC website: http://www.olympic.org/uk/index_uk.asp BOCOG official website: http://en.beijing2008.cn/bocog/ Human Rights in China's Take Action Campaign, IR2008 website: http://www.ir2008.org/ Human Rights in China, "2008 and Beyond," China Rights Forum, No. 3, 2007: http://hrichina.org/public/contents/45071 Human Rights in China, "Human Rights: Everyone's Business", China Rights Forum, No. 1, 2008: http://www.hrichina.org/public/contents/47993 September 2007 HRIC Open Letter to the IOC, October 2007 Response from the IOC: http://hrichina.org/public/PDFs/CRF.4.2007/CRF-2007-4_Transparency.pdf Minky Worden, ed., China's Great Leap: The Beijing Games and Olympian Human Rights Challenges (Seven Stories Press, forthcoming, May 2008). |
