Charter 08 (English Version)Translated from the Chinese by Perry Link
The following text of Charter 08, signed by hundreds of Chinese intellectuals and translated and introduced by Perry Link, Professor of Chinese Literature at the University of California, Riverside, will be published in the issue of The New York Review dated January 15, which goes on sale on January 2.
The document below, signed by over three hundred prominent Chinese citizens, was conceived and written in conscious admiration of the founding of Charter 77 in Czechoslovakia, where, in January 1977, more than two hundred Czech and Slovak intellectuals formed a
loose, informal, and open association of people... united by the will to strive individually and collectively for respect for human and civil rights in our country and throughout the world.
The Chinese document calls not for ameliorative reform of the current political system but for an end to some of its essential features, including one-party rule, and their replacement with a system based on human rights and democracy.
The prominent citizens who have signed the document are from both outside and inside the government, and include not only well-known dissidents and intellectuals, but also middle-level officials and rural leaders. They have chosen December 10, the anniversary of the Universal Declaration of Human Rights, as the day on which to express their political ideas and to outline their vision of a constitutional, democratic China. They intend “Charter 08” to serve as a blueprint for fundamental political change in China in the years to come. The signers of the document will form an informal group, open-ended in size but united by a determination to promote democratization and protection of human rights in China and beyond.
On December 8 two prominent signers of the Charter, Zhang Zuhua and Liu Xiaobo, were detained by the police. Zhang Zuhua has since been released; as of December 9, Liu Xiabo remains in custody.
Frederick Douglass Book Prize Announcement
I. ForewordA hundred years have passed since the writing of China’s first constitution. 2008 also marks the sixtieth anniversary of the promulgation of the Universal Declaration of Human Rights, the thirtieth anniversary of the appearance of Democracy Wall in Beijing, and the tenth of China’s signing of the International Covenant on Civil and Political Rights. We are approaching the twentieth anniversary of the 1989 Tiananmen massacre of pro-democracy student protesters. The Chinese people, who have endured human rights disasters and uncountable struggles across these same years, now include many who see clearly that freedom, equality, and human rights are universal values of humankind and that democracy and constitutional government are the fundamental framework for protecting these values.
By departing from these values, the Chinese government’s approach to “modernization” has proven disastrous. It has stripped people of their rights, destroyed their dignity, and corrupted normal human intercourse. So we ask: Where is China headed in the twenty-first century? Will it continue with “modernization” under authoritarian rule, or will it embrace universal human values, join the mainstream of civilized nations, and build a democratic system? There can be no avoiding these questions.
The shock of the Western impact upon China in the nineteenth century laid bare a decadent authoritarian system and marked the beginning of what is often called “the greatest changes in thousands of years” for China. A “self-strengthening movement” followed, but this aimed simply at appropriating the technology to build gunboats and other Western material objects. China’s humiliating naval defeat at the hands of Japan in 1895 only confirmed the obsolescence of China’s system of government. The first attempts at modern political change came with the ill-fated summer of reforms in 1898, but these were cruelly crushed by ultraconservatives at China’s imperial court. With the revolution of 1911, which inaugurated Asia’s first republic, the authoritarian imperial system that had lasted for centuries was finally supposed to have been laid to rest. But social conflict inside our country and external pressures were to prevent it; China fell into a patchwork of warlord fiefdoms and the new republic became a fleeting dream.
The failure of both “self-strengthening” and political renovation caused many of our forebears to reflect deeply on whether a “cultural illness” was afflicting our country. This mood gave rise, during the May Fourth Movement of the late 1910s, to the championing of “science and democracy.” Yet that effort, too, foundered as warlord chaos persisted and the Japanese invasion [beginning in Manchuria in 1931] brought national crisis.
Victory over Japan in 1945 offered one more chance for China to move toward modern government, but the Communist defeat of the Nationalists in the civil war thrust the nation into the abyss of totalitarianism. The “new China” that emerged in 1949 proclaimed that “the people are sovereign” but in fact set up a system in which “the Party is all-powerful.” The Communist Party of China seized control of all organs of the state and all political, economic, and social resources, and, using these, has produced a long trail of human rights disasters, including, among many others, the Anti-Rightist Campaign (1957), the Great Leap Forward (1958–1960), the Cultural Revolution (1966–1969), the June Fourth (Tiananmen Square) Massacre (1989), and the current repression of all unauthorized religions and the suppression of the weiquan rights movement [a movement that aims to defend citizens’ rights promulgated in the Chinese Constitution and to fight for human rights recognized by international conventions that the Chinese government has signed]. During all this, the Chinese people have paid a gargantuan price. Tens of millions have lost their lives, and several generations have seen their freedom, their happiness, and their human dignity cruelly trampled.
During the last two decades of the twentieth century the government policy of “Reform and Opening” gave the Chinese people relief from the pervasive poverty and totalitarianism of the Mao Zedong era and brought substantial increases in the wealth and living standards of many Chinese as well as a partial restoration of economic freedom and economic rights. Civil society began to grow, and popular calls for more rights and more political freedom have grown apace. As the ruling elite itself moved toward private ownership and the market economy, it began to shift from an outright rejection of “rights” to a partial acknowledgment of them.
In 1998 the Chinese government signed two important international human rights conventions; in 2004 it amended its constitution to include the phrase “respect and protect human rights”; and this year, 2008, it has promised to promote a “national human rights action plan.” Unfortunately most of this political progress has extended no further than the paper on which it is written. The political reality, which is plain for anyone to see, is that China has many laws but no rule of law; it has a constitution but no constitutional government. The ruling elite continues to cling to its authoritarian power and fights off any move toward political change.
The stultifying results are endemic official corruption, an undermining of the rule of law, weak human rights, decay in public ethics, crony capitalism, growing inequality between the wealthy and the poor, pillage of the natural environment as well as of the human and historical environments, and the exacerbation of a long list of social conflicts, especially, in recent times, a sharpening animosity between officials and ordinary people.
As these conflicts and crises grow ever more intense, and as the ruling elite continues with impunity to crush and to strip away the rights of citizens to freedom, to property, and to the pursuit of happiness, we see the powerless in our society—the vulnerable groups, the people who have been suppressed and monitored, who have suffered cruelty and even torture, and who have had no adequate avenues for their protests, no courts to hear their pleas—becoming more militant and raising the possibility of a violent conflict of disastrous proportions. The decline of the current system has reached the point where change is no longer optional.
II. Our Fundamental PrinciplesThis is a historic moment for China, and our future hangs in the balance. In reviewing the political modernization process of the past hundred years or more, we reiterate and endorse basic universal values as follows:
Freedom. Freedom is at the core of universal human values. Freedom of speech, freedom of the press, freedom of assembly, freedom of association, freedom in where to live, and the freedoms to strike, to demonstrate, and to protest, among others, are the forms that freedom takes. Without freedom, China will always remain far from civilized ideals.
Human rights. Human rights are not bestowed by a state. Every person is born with inherent rights to dignity and freedom. The government exists for the protection of the human rights of its citizens. The exercise of state power must be authorized by the people. The succession of political disasters in China’s recent history is a direct consequence of the ruling regime’s disregard for human rights.
Equality. The integrity, dignity, and freedom of every person—regardless of social station, occupation, sex, economic condition, ethnicity, skin color, religion, or political belief—are the same as those of any other. Principles of equality before the law and equality of social, economic, cultural, civil, and political rights must be upheld.
Republicanism. Republicanism, which holds that power should be balanced among different branches of government and competing interests should be served, resembles the traditional Chinese political ideal of “fairness in all under heaven.” It allows different interest groups and social assemblies, and people with a variety of cultures and beliefs, to exercise democratic self-government and to deliberate in order to reach peaceful resolution of public questions on a basis of equal access to government and free and fair competition.
Democracy. The most fundamental principles of democracy are that the people are sovereign and the people select their government. Democracy has these characteristics:
(1) Political power begins with the people and the legitimacy of a regime derives from the people.
(2) Political power is exercised through choices that the people make.
(3) The holders of major official posts in government at all levels are determined through periodic competitive elections.
(4) While honoring the will of the majority, the fundamental dignity, freedom, and human rights of minorities are protected. In short, democracy is a modern means for achieving government truly “of the people, by the people, and for the people.”
Constitutional rule. Constitutional rule is rule through a legal system and legal regulations to implement principles that are spelled out in a constitution. It means protecting the freedom and the rights of citizens, limiting and defining the scope of legitimate government power, and providing the administrative apparatus necessary to serve these ends.
III. What We AdvocateAuthoritarianism is in general decline throughout the world; in China, too, the era of emperors and overlords is on the way out. The time is arriving everywhere for citizens to be masters of states. For China the path that leads out of our current predicament is to divest ourselves of the authoritarian notion of reliance on an “enlightened overlord” or an “honest official” and to turn instead toward a system of liberties, democracy, and the rule of law, and toward fostering the consciousness of modern citizens who see rights as fundamental and participation as a duty. Accordingly, and in a spirit of this duty as responsible and constructive citizens, we offer the following recommendations on national governance, citizens’ rights, and social development:
- A New Constitution. We should recast our present constitution, rescinding its provisions that contradict the principle that sovereignty resides with the people and turning it into a document that genuinely guarantees human rights, authorizes the exercise of public power, and serves as the legal underpinning of China’s democratization. The constitution must be the highest law in the land, beyond violation by any individual, group, or political party.
- Separation of powers. We should construct a modern government in which the separation of legislative, judicial, and executive power is guaranteed. We need an Administrative Law that defines the scope of government responsibility and prevents abuse of administrative power. Government should be responsible to taxpayers. Division of power between provincial governments and the central government should adhere to the principle that central powers are only those specifically granted by the constitution and all other powers belong to the local governments.
- Legislative democracy. Members of legislative bodies at all levels should be chosen by direct election, and legislative democracy should observe just and impartial principles.
- An Independent Judiciary. The rule of law must be above the interests of any particular political party and judges must be independent. We need to establish a constitutional supreme court and institute procedures for constitutional review. As soon as possible, we should abolish all of the Committees on Political and Legal Affairs that now allow Communist Party officials at every level to decide politically-sensitive cases in advance and out of court. We should strictly forbid the use of public offices for private purposes.
- Public Control of Public Servants. The military should be made answerable to the national government, not to a political party, and should be made more professional. Military personnel should swear allegiance to the constitution and remain nonpartisan. Political party organizations shall be prohibited in the military. All public officials including police should serve as nonpartisans, and the current practice of favoring one political party in the hiring of public servants must end.
- Guarantee of Human Rights. There shall be strict guarantees of human rights and respect for human dignity. There should be a Human Rights Committee, responsible to the highest legislative body, that will prevent the government from abusing public power in violation of human rights. A democratic and constitutional China especially must guarantee the personal freedom of citizens. No one shall suffer illegal arrest, detention, arraignment, interrogation, or punishment. The system of “Reeducation through Labor” must be abolished.
- Election of Public Officials. There shall be a comprehensive system of democratic elections based on “one person, one vote.” The direct election of administrative heads at the levels of county, city, province, and nation should be systematically implemented. The rights to hold periodic free elections and to participate in them as a citizen are inalienable.
- Rural–Urban Equality. The two-tier household registry system must be abolished. This system favors urban residents and harms rural residents. We should establish instead a system that gives every citizen the same constitutional rights and the same freedom to choose where to live.
- Freedom to Form Groups. The right of citizens to form groups must be guaranteed. The current system for registering nongovernment groups, which requires a group to be “approved,” should be replaced by a system in which a group simply registers itself. The formation of political parties should be governed by the constitution and the laws, which means that we must abolish the special privilege of one party to monopolize power and must guarantee principles of free and fair competition among political parties.
- Freedom to Assemble. The constitution provides that peaceful assembly, demonstration, protest, and freedom of expression are fundamental rights of a citizen. The ruling party and the government must not be permitted to subject these to illegal interference or unconstitutional obstruction.
- Freedom of Expression. We should make freedom of speech, freedom of the press, and academic freedom universal, thereby guaranteeing that citizens can be informed and can exercise their right of political supervision. These freedoms should be upheld by a Press Law that abolishes political restrictions on the press. The provision in the current Criminal Law that refers to “the crime of incitement to subvert state power” must be abolished. We should end the practice of viewing words as crimes.
- Freedom of Religion. We must guarantee freedom of religion and belief and institute a separation of religion and state. There must be no governmental interference in peaceful religious activities. We should abolish any laws, regulations, or local rules that limit or suppress the religious freedom of citizens. We should abolish the current system that requires religious groups (and their places of worship) to get official approval in advance and substitute for it a system in which registry is optional and, for those who choose to register, automatic.
- Civic Education. In our schools we should abolish political curriculums and examinations that are designed to indoctrinate students in state ideology and to instill support for the rule of one party. We should replace them with civic education that advances universal values and citizens’ rights, fosters civic consciousness, and promotes civic virtues that serve society.
- Protection of Private Property. We should establish and protect the right to private property and promote an economic system of free and fair markets. We should do away with government monopolies in commerce and industry and guarantee the freedom to start new enterprises. We should establish a Committee on State-Owned Property, reporting to the national legislature, that will monitor the transfer of state-owned enterprises to private ownership in a fair, competitive, and orderly manner. We should institute a land reform that promotes private ownership of land, guarantees the right to buy and sell land, and allows the true value of private property to be adequately reflected in the market.
- Financial and Tax Reform. We should establish a democratically regulated and accountable system of public finance that ensures the protection of taxpayer rights and that operates through legal procedures. We need a system by which public revenues that belong to a certain level of government—central, provincial, county or local—are controlled at that level. We need major tax reform that will abolish any unfair taxes, simplify the tax system, and spread the tax burden fairly. Government officials should not be able to raise taxes, or institute new ones, without public deliberation and the approval of a democratic assembly. We should reform the ownership system in order to encourage competition among a wider variety of market participants.
- Social Security. We should establish a fair and adequate social security system that covers all citizens and ensures basic access to education, health care, retirement security, and employment.
- Protection of the Environment. We need to protect the natural environment and to promote development in a way that is sustainable and responsible to our descendents and to the rest of humanity. This means insisting that the state and its officials at all levels not only do what they must do to achieve these goals, but also accept the supervision and participation of non-governmental organizations.
- A Federated Republic. A democratic China should seek to act as a responsible major power contributing toward peace and development in the Asian Pacific region by approaching others in a spirit of equality and fairness. In Hong Kong and Macao, we should support the freedoms that already exist. With respect to Taiwan, we should declare our commitment to the principles of freedom and democracy and then, negotiating as equals, and ready to compromise, seek a formula for peaceful unification. We should approach disputes in the national-minority areas of China with an open mind, seeking ways to find a workable framework within which all ethnic and religious groups can flourish. We should aim ultimately at a federation of democratic communities of China.
- Truth in Reconciliation. We should restore the reputations of all people, including their family members, who suffered political stigma in the political campaigns of the past or who have been labeled as criminals because of their thought, speech, or faith. The state should pay reparations to these people. All political prisoners and prisoners of conscience must be released. There should be a Truth Investigation Commission charged with finding the facts about past injustices and atrocities, determining responsibility for them, upholding justice, and, on these bases, seeking social reconciliation.
Accordingly, we dare to put civic spirit into practice by announcing Charter 08. We hope that our fellow citizens who feel a similar sense of crisis, responsibility, and mission, whether they are inside the government or not, and regardless of their social status, will set aside small differences to embrace the broad goals of this citizens’ movement. Together we can work for major changes in Chinese society and for the rapid establishment of a free, democratic, and constitutional country. We can bring to reality the goals and ideals that our people have incessantly been seeking for more than a hundred years, and can bring a brilliant new chapter to Chinese civilization.
—translated from the Chinese by Perry Link
一、前言今年是中国立宪百年，《世界人权宣言》公布60周年，“民主墙”诞生30周年，中国政府签署《公民权利和政治权利国际公约》10周年。在经历了长期的人权 灾难和艰难曲折的抗争历程之后，觉醒的中国公民日渐清楚地认识到，自由、平等、人权是人类共同的普世价值；民主、共和、宪政是现代政治的基本制度架构。抽 离了这些普世价值和基本政制架构的“现代化”，是剥夺人的权利、腐蚀人性、摧毁人的尊严的灾难过程。21世纪的中国将走向何方，是继续这种威权统治下的“ 现代化”，还是认同普世价值、融入主流文明、建立民主政体？这是一个不容回避的抉择。
19世纪中期的历史巨变，暴露了中国传统专制制 度的腐朽，揭开了中华大地上“数千年未有之大变局”的序幕。洋务运动追求器物层面的进良，甲午战败再 次暴露了体制的过时；戊戌变法触及到制度层面的革新，终因顽固派的残酷镇压而归于失败；辛亥革命在表面上埋葬了延续2000多年的皇权制度，建立了亚洲第 一个共和国。囿于当时内忧外患的特定历史条件，共和政体只是昙花一现，专制主义旋即卷土重来。器物模仿和制度更新的失败，推动国人深入到对文化病根的反 思，遂有以“科学与民主”为旗帜的“五四”新文化运动，因内战频仍和外敌入侵，中国政治民主化历程被迫中断。抗日战争胜利后的中国再次开启了宪政历程，然 而国共内战的结果使中国陷入了现代极权主义的深渊。1949年建立的“新中国”，名义上是“人民共和国”，实质上是“党天下”。执政党垄断了所有政治、经 济和社会资源，制造了反右、大跃进、文革、六四、打压民间宗教活动与维权运动等一系列人权灾难，致使数千万人失去生命，国民和国家都付出了极为惨重的代 价。
二十世纪后期的“改革开放”，使中国摆脱了毛泽东时代的普遍贫困和绝对极权，民间财富和民众生活水平有了大幅度提高，个人的经济 自由和社会权利得到 部分恢复，公民社会开始生长，民间对人权和政治自由的呼声日益高涨。执政者也在进行走向市场化和私有化的经济改革的同时，开始了从拒绝人权到逐渐承认人权 的转变。中国政府于1997年、1998年分别签署了两个重要的国际人权公约，全国人大于2004年通过修宪把“尊重和保障人权”写进宪法，今年又承诺制 订和推行《国家人权行动计划》。但是，这些政治进步迄今为止大多停留在纸面上；有法律而无法治，有宪法而无宪政，仍然是有目共睹的政治现实。执政集团继续 坚持维系威权统治，排拒政治变革，由此导致官场腐败，法治难立，人权不彰，道德沦丧，社会两极分化，经济畸形发展，自然环境和人文环境遭到双重破坏，公民 的自由、财产和追求幸福的权利得不到制度化的保障，各种社会矛盾不断积累，不满情绪持续高涨，特别是官民对立激化和群体事件激增，正在显示着灾难性的失控趋势，现行体制的落伍已经到了非改不可的地步。
- 宗教自由： 保障宗教自由与信仰自由，实行政教分离，宗教信仰活动不受政府干预。审查并撤销限制或剥夺公民宗教自由的行政 法规、行政规章和地方性法规；禁止以行政立法管理宗教活动。废除宗教团体（包括宗教活动场所）必经登记始获合法地位的事先许可制度，代之以无须任何审查的 备案制。
- 财税改革： 确立民主财政和保障纳税人的权利。建立权责明确的公共财政制度构架和运行机制，建立各级政府合理有效的财政分 权体系；对赋税制度进行重大改革，以降低税率、简化税制、公平税负。非经社会公共选择过程，民意机关决议，行政部门不得随意加税、开征新税。通过产权改 革，引进多元市场主体和竞争机制，降低金融准入门槛，为发展民间金融创造条件，使金融体系充分发挥活力。
- 联邦共和： 以平等、公正的态度参与维持地区和平与发展，塑造一个负责任的大国形象。维护香港、澳门的自由制度。在自由民主的前提下，通过平等谈判与合作互动的方式寻 求海峡两岸和解方案。以大智慧探索各民族共同繁荣的可能途径和制度设计，在民主宪政的架构下建立中华联邦共和国。
四、结语中 国作为世界大国，作为联合国安理会五个常任理事国之一和人权理事会的成员，理应为人类和平事业与人权进步做出自身的贡献。但令人遗憾的是，在当今 世界的所有大国里，唯独中国还处在威权主义政治生态中，并由此造成连绵不断的人权灾难和社会危机，束缚了中华民族的自身发展，制约了人类文明的进步——这 种局面必须改变！政治民主化变革不能再拖延下去。
为此，我们本着勇于践行的公民精神，公布《零八宪章》。我们希望所有具有同样危机 感、责任感和使命感的中国公民，不分朝野，不论身份，求同存异，积 极参与到公民运动中来，共同推动中国社会的伟大变革，以期早日建成一个自由、民主、宪政的国家，实现国人百余年来锲而不舍的追求与梦想。