I. Preface
This year marks the centennial of China's constitutional movement, 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 anniversary of the Chinese government's signing of the International Covenant on Civil and Political Rights. Having endured a long history of human rights disasters and arduous, tortuous struggle, awakened Chinese citizens are increasingly and clearly recognizing that freedom, equality, and human rights are universal values shared by all humanity, and that democracy, republicanism, and constitutionalism are the basic institutional framework of modern governance. A “modernization” that is severed from these universal values and this basic institutional framework is a disastrous process that strips people of their rights, corrodes their humanity, and destroys their dignity. Where will China go in the 21st century: continue with “modernization” under authoritarian rule, or embrace universal values, join the mainstream of civilization, and build a democratic system? This is a choice that cannot be avoided. The great historical upheavals of the mid-19th century exposed the decay of China's traditional despotic system and opened the prelude to “the greatest changes in several thousand years” on Chinese soil. The Self-Strengthening Movement pursued improvements at the level of technology and material things, but defeat in the First Sino-Japanese War again exposed how outdated the system had become; the Hundred Days' Reform touched on institutional renewal but ultimately failed due to brutal suppression by conservative forces; the 1911 Revolution, on the surface, buried the imperial system that had lasted more than two thousand years and established Asia's first republic. But constrained by the particular historical conditions of internal turmoil and external threats at the time, the republic proved to be short-lived, and despotism soon returned. The failure of both technological imitation and institutional renewal drove the Chinese people to a deeper reflection on the roots of the problem in culture itself, giving rise to the New Culture Movement of May Fourth, which raised the banner of “science and democracy.” Yet frequent civil war and foreign invasion forced China's path toward political democratization to a halt. After victory in the War of Resistance Against Japan, China once again embarked on a constitutional path, but the outcome of the civil war between the Nationalists and the Communists plunged China into the abyss of modern totalitarianism. The “New China” established in 1949 was nominally a “people's republic” but was in substance a “party's domain.” The ruling party monopolized all political, economic, and social resources, and produced a succession of human rights disasters—the Anti-Rightist Campaign, the Great Leap Forward, the Cultural Revolution, the June Fourth crackdown, the suppression of unofficial religious activity, and the suppression of rights-defense movements—costing tens of millions of lives and exacting a tremendous price from both the people and the nation. The “Reform and Opening Up” of the late 20th century freed China from the pervasive poverty and absolute totalitarianism of the Mao era, substantially raising private wealth and the standard of living of the people, partially restoring individuals' economic freedom and social rights, allowing civil society to begin to grow, and giving rise to a rising popular demand for human rights and political freedom. Even as those in power carried out economic reforms toward marketization and privatization, they also began a shift from rejecting human rights to gradually acknowledging them. The Chinese government signed two important international human rights covenants in 1997 and 1998, respectively; the National People's Congress amended the Constitution in 2004 to write “respect and protect human rights” into it; and this year the government has again pledged to formulate and implement a “National Human Rights Action Plan.” But most of this political progress remains, to this day, on paper alone. Having laws but no rule of law, having a constitution but no constitutional governance, remains a political reality plain for all to see. The ruling group continues to insist on maintaining authoritarian rule and rejecting political reform, giving rise to endemic official corruption, an inability to establish rule of law, a lack of protection for human rights, a decline in public morality, social polarization, distorted economic development, and dual devastation of the natural and cultural environment. Citizens' rights to freedom, property, and the pursuit of happiness receive no institutional guarantee, all manner of social conflict continues to accumulate, and popular discontent continues to rise—particularly the intensifying antagonism between officials and ordinary people, and the surge in mass incidents—revealing a trend toward disastrous loss of control. The current system has become so outdated that reform can no longer be avoided.
II. Our Fundamental Principles At this historic moment when China's future hangs in the balance, it is necessary to reflect on the modernization process of the past hundred years and to reaffirm the following fundamental principles: Freedom: Freedom lies at the core of universal values. Freedom of speech, of the press, of belief, of assembly, of association, of residence and movement, of strikes, and of demonstration are all concrete expressions of freedom. Where freedom does not flourish, there can be no modern civilization to speak of. Human Rights: Human rights are not bestowed by the state; they are rights inherent to every person from birth. Guaranteeing human rights is both the primary purpose of government and the foundation of the legitimacy of public power, and it is also the intrinsic requirement of a “people-centered” approach. Every one of China's past political disasters has been closely tied to the ruling authorities' disregard for human rights. The individual is the true subject of the state; the state exists to serve the people, and the government exists for the sake of the people. Equality: Every individual, regardless of social status, occupation, sex, economic condition, ethnicity, skin color, religion, or political belief, possesses equal personhood, dignity, and freedom. The principle of equality before the law must be implemented, and citizens must be guaranteed equal social, economic, cultural, and political rights. Republicanism: Republicanism means that “all govern together and coexist in peace,” meaning a separation and balance of powers and interests, in which groups representing diverse interests, different social sectors, and pluralistic cultural and religious pursuits handle public affairs peacefully, on the basis of equal participation, fair competition, and joint deliberation. Democracy: The most basic meaning of democracy is that sovereignty resides in the people and that government is chosen by the people. Democracy has the following basic characteristics: (1) the legitimacy of political power derives from the people, and political authority originates with the people; (2) political rule is chosen by the people; (3) citizens enjoy genuine voting rights, and the principal officeholders at every level of government must be produced through periodic competitive elections; and (4) the decisions of the majority are respected, while the basic human rights of minorities are protected. In short, democracy makes government into a modern public instrument that is “of the people, by the people, and for the people.” Constitutional Governance: Constitutional governance is the principle of using legal provisions and the rule of law to guarantee the basic freedoms and rights of citizens established by the constitution, to restrict and delineate the boundaries of government power and conduct, and to provide the corresponding institutional apparatus for doing so. In China, the age of imperial rule is long gone, and around the world, authoritarian systems are now approaching their twilight. Citizens ought to become the true masters of the state. Casting off the subject mentality of reliance on an “enlightened ruler” or “honest official,” and instead promoting a civic consciousness founded on rights and on the responsibility to participate—practicing freedom, carrying out democracy, and upholding the rule of law—this is the fundamental way forward for China.
III. Our Basic Proposals
In light of this, and in a spirit of responsible and constructive citizenship, we put forward the following specific proposals concerning the national political system, citizens' rights, and social development: 1. Amend the Constitution: Revise the Constitution in accordance with the values described above, deleting provisions in the current Constitution that are inconsistent with the principle of popular sovereignty, so that the Constitution becomes a true guarantee of human rights and a genuine charter authorizing public power—an enforceable supreme law that no individual, group, or party may violate—thereby laying the legal foundation for China's democratization. 2. Separation of Powers: Build a modern government based on the separation of powers, ensuring that the legislative, judicial, and executive branches are divided among different bodies. Establish the principles of lawful administration and a government responsible to the people, and prevent the excessive expansion of executive power; the government should be accountable to taxpayers. Establish a system of separation of powers and checks and balances between the central and local governments, with central authority clearly defined and authorized by the Constitution and full autonomy granted to local governments. 3. Legislative Democracy: Legislative bodies at all levels should be directly elected, and legislation should adhere to principles of fairness and justice, implementing legislative democracy. 4. Judicial Independence: The judiciary should stand above partisan politics and be free from any interference, ensuring judicial independence and safeguarding judicial fairness. Establish a constitutional court and a system of constitutional review to uphold the authority of the Constitution. Abolish, as soon as possible, the political-legal committees of the Party at every level, which severely undermine the nation's rule of law, in order to prevent the use of public power for private ends. 5. Public Instruments for Public Use: Bring the military under the control of the state; soldiers should be loyal to the Constitution and to the country, and party organizations should withdraw from the armed forces, raising the level of military professionalism. All civil servants, including the police, should maintain political neutrality. Eliminate partisan discrimination in the recruitment of civil servants, who should be hired equally regardless of party affiliation. 6. Guarantee of Human Rights: Genuinely guarantee human rights and protect human dignity. Establish a human rights commission accountable to the highest representative body, to prevent government abuse of public power that violates human rights—in particular to safeguard citizens' personal liberty. No one shall be subject to illegal arrest, detention, summons, interrogation, or punishment. Abolish the system of reeducation through labor. 7. Election to Public Office: Fully implement a system of democratic elections, realizing the equal voting right of one person, one vote. The direct election of chief executives at every level of government should be institutionalized and gradually introduced. Regular, freely contested elections and citizens' right to run for statutory public office are inalienable basic human rights. 8. Equality Between Urban and Rural Areas: Abolish the current dual household-registration (hukou) system that separates urban and rural residents, implement citizens' equal constitutional rights, and guarantee citizens' right to freedom of movement and residence. 9. Freedom of Association: Guarantee citizens' right to freedom of association, changing the current approval-based system of registering civic organizations into a system of mere notification. Lift the ban on political parties, regulate party behavior through the Constitution and law, abolish the privilege of one-party monopoly on governance, establish the principle of freedom and fair competition among political parties, and achieve the normalization and legalization of party politics. 10. Freedom of Assembly: Peaceful assembly, demonstration, protest, and freedom of expression are basic constitutional freedoms of citizens and should not be subject to illegal interference or unconstitutional restriction by the ruling party or the government. 11. Freedom of Speech: Implement freedom of speech, freedom of the press, and academic freedom, and guarantee citizens' right to information and right to oversight. Enact a Press Law and a Publishing Law, lift the ban on private newspapers, abolish the crime of “incitement to subvert state power” in the current Criminal Law, and put an end to the criminalization of speech. 12. Freedom of Religion: Guarantee freedom of religion and belief, implement the separation of religion and state, and ensure that religious activity is free from government interference. Review and repeal administrative regulations, rules, and local statutes that restrict or deprive citizens of religious freedom, and prohibit the regulation of religious activity through administrative legislation. Abolish the system of prior approval under which religious groups (including places of religious activity) must register in order to obtain legal status, replacing it with a notification system that requires no examination whatsoever. 13. Civic Education: Abolish political education and political examinations that serve one-party rule and are heavily laden with ideology, and instead promote civic education grounded in universal values and citizens' rights, cultivating civic awareness and advocating civic virtues of service to society. 14. Protection of Property: Establish and protect the right to private property, implement a free and open market economy, guarantee freedom of enterprise, and eliminate administrative monopolies. Establish a state-asset management commission accountable to the highest representative body, and carry out property-rights reform in a lawful and orderly manner, clarifying ownership of property and the parties responsible for it. Launch a new land movement to advance the privatization of land and genuinely protect citizens'—especially farmers'—rights to land ownership. 15. Fiscal and Tax Reform: Establish democratic public finance and protect taxpayers' rights. Build a public finance system and operating mechanism with clearly defined powers and responsibilities, and establish a rational and effective system of fiscal decentralization among governments at all levels. Undertake major reform of the tax system to lower tax rates, simplify the tax structure, and ensure a fair tax burden. Administrative departments should not be permitted to arbitrarily raise taxes or levy new ones without going through a process of public deliberation and the decision of a representative body. Through property-rights reform, introduce diverse market participants and competitive mechanisms, lower barriers to entry in finance, and create the conditions for the development of private finance so that the financial system can realize its full vitality. 16. Social Security: Establish a social security system covering all citizens, so that the population receives basic guarantees in education, healthcare, retirement, and employment. 17. Environmental Protection: Protect the ecological environment and promote sustainable development, taking responsibility for future generations and for humanity as a whole. Clearly establish and implement the corresponding responsibilities that the state and officials at every level must bear in this regard, and give full play to the role of civic organizations in participating in and overseeing environmental protection. 18. Federal Republic: Participate in maintaining regional peace and development with a spirit of equality and fairness, shaping the image of a responsible major power. Preserve the free systems of Hong Kong and Macau. On the premise of freedom and democracy, seek a formula for reconciliation across the Taiwan Strait through equal negotiation and cooperative interaction. With great wisdom, explore possible paths and institutional designs for the common prosperity of all ethnic groups, and establish a Federal Republic of China under a framework of democratic constitutional governance. 19. Transitional Justice: Restore the reputations of, and provide state compensation to, those who suffered political persecution in past political campaigns, along with their families. Release all political prisoners and prisoners of conscience, and release all those convicted for reasons of belief. Establish a truth commission to ascertain the facts of past historical events, clarify responsibility, and uphold justice—and on this basis, pursue social reconciliation.
IV. Conclusion
As one of the great powers of the world, and as one of the five permanent members of the United Nations Security Council as well as a member of the Human Rights Council, China ought to make its own contribution to the cause of world peace and the advancement of human rights. Yet regrettably, of all the major powers in today's world, China alone remains mired in an authoritarian political order, giving rise to an unbroken chain of human rights disasters and social crises, constraining the development of the Chinese nation itself, and holding back the progress of human civilization. This situation must change! Political democratization can be delayed no longer. For this reason, and in a spirit of courageous civic action, we hereby publish Charter 08. We hope that all Chinese citizens who share this same sense of crisis, responsibility, and mission—regardless of whether they stand inside or outside the establishment, and regardless of their status—will set aside their differences to seek common ground and take an active part in this citizens' movement, working together to advance the great transformation of Chinese society, so that a free, democratic, and constitutional nation may be built at the earliest possible date, fulfilling the dream that the Chinese people have pursued relentlessly for more than a hundred years.
December 9, 2008