May, 26 2009, 04:48pm EDT
China: Leading Civil Rights Lawyers Face Threats to Licenses
Government Should Guarantee Independence of the Legal Profession
NEW YORK
More than 20 of China's most prominent civil rights lawyers face the possible loss of their right to practice law as an apparent official reprisal for their rights advocacy efforts, Human Rights Watch said today.
Under Chinese law, lawyers and law firms must get their licenses to practice renewed annually, a process sometimes marred by political considerations. These civil rights lawyers say that in recent weeks the Beijing judicial authorities have been trying to pressure their firms not to endorse their re-licensing applications. The lawyers say that the firms' heads have been warned by judicial officials in meetings and telephone conversations about possible adverse consequences for their business if they continue to employ lawyers who take up rights cases.
"Control over the yearly renewal of professional licenses remains one of the main obstacles to the independence of China's legal profession," said Sophie Richardson, Asia advocacy director at Human Rights Watch. "Even when law firms that have been pressured decide to stand by their lawyers, this kind of interference has a chilling effect on the legal profession."
According to an official April 14, 2009, notice from the Beijing Judicial Bureau detailing the registration procedures, lawyers must present their annual applications prior to the end of the registration period on May 31. Lawyers who fail to renew their professional licenses are in effect temporarily disbarred.
A number of the lawyers currently targeted have been involved in some of the most high-profile efforts to date to litigate on behalf of victims of human rights abuses and press for greater accountability from the government. They have represented families of victims of the melamine milk-powder scandal, parents of children killed during the Sichuan earthquake who are pressing for an investigation into the causes of the disproportionately high rate of school collapses, and Tibetans arrested in connection with the massive crackdown in Tibet. Others have been involved in representing HIV/AIDS patients, victims of police abuses, farmers evicted from their land, and Falungong practitioners.
Over the past few years, Human Rights Watch has extensively documented abuses of lawyers, widespread violations of the right of the defense in legal procedures, and a pattern of interference and political control in cases viewed as politically sensitive by the authorities. Although the government vowed to establish new procedural protections for lawyers in June 2008 when it promulgated revisions to the Law on Lawyers, those efforts have been inadequate. No efforts have been made to effectively safeguard the security of lawyers discharging their functions or to allow the government-controlled All-China Lawyers Association - the country's bar association - to play such role.
Human Rights Watch pointed out that instead of the promised reforms to protect the independence of lawyers, detention and physical abuses against lawyers by law enforcement officials have multiplied. In one such incident on May 13, 2009, lawyers Zhang Kai and Li Chunfu were arrested and beaten in police custody in Chongqing after meeting with the family of a man who had died while in a re-education-through-labor camp. The authorities have so far refused to investigate the incident.
"Interference and retaliation against lawyers are direct attacks on the rule of law," said Richardson. "Such actions perpetuate injustices, undermine confidence in legal institutions, and negate the government's own commitment to governing the country according to law."
Beijing lawyers who have reported concerns over the renewal of their license include
Li Heping, Cheng Hai, Jiang Tianyong, Li Xiongbing, Li Chunfu, Wang Yajun, Tang Jitian, Yang Huimin, Xie Yanyi, Li Dunyong, Wen Haibo, Liu Wei, Zhang Lihui, Peng Jian, Li Jinglin, Lan Zhixue, Zhang Kai and Liu Xiaoyuan. Two lawyers who practice outside of Beijing, Wei Liangyue and Yang Zaixin, have also reported threats over their licenses.
Human Rights Watch is one of the world's leading independent organizations dedicated to defending and protecting human rights. By focusing international attention where human rights are violated, we give voice to the oppressed and hold oppressors accountable for their crimes. Our rigorous, objective investigations and strategic, targeted advocacy build intense pressure for action and raise the cost of human rights abuse. For 30 years, Human Rights Watch has worked tenaciously to lay the legal and moral groundwork for deep-rooted change and has fought to bring greater justice and security to people around the world.
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Top G20 Ministers Back 2% Wealth Tax for Global Billionaires
"It is time that the international community gets serious about tackling inequality and financing global public goods."
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Ministers from four major economies on Thursday called for a 2% wealth tax targeting the world's billionaires—who currently only pay up to 0.5% of their wealth in personal income tax—to "invest in public goods such as health, education, the environment, and infrastructure."
Fernando Haddad, Brazil's finance minister; Svenja Schulze, Germany's minister for economic cooperation and development; Enoch Godongwana, South Africa's finance minister; Carlos Cuerpo, Spain's minister of economy, trade, and business; and MarÃa Jesús Montero, Spain's first vice president and finance minister, made their case in an opinion piece for The Guardian.
"The argument behind such tax is straightforward: We need to enhance the ability of our tax systems to fulfill the principle of fairness, such that contributions are in line with the capacity to pay," they explained. "Persisting loopholes in the system imply that high-net-worth individuals can minimize their income taxes."
"What the international community managed to do with the global minimum tax on multinational companies, it can do with billionaires."
Brazil, Germany, and South Africa are all Group of 20 members while Spain is a permanent guest. The ministers noted that "Brazil has made the fight against hunger, poverty, and inequality a priority of its G20 presidency, a priority that German development policy also pursues and that Spain has ambitiously addressed domestically and globally."
"By directing two-thirds of total expenditure on social services and wage support, as well as by calibrating tax policy administration, South Africa continues to target a progressive tax and fiscal agenda that confronts the country's legacy of income and wealth inequality," they wrote.
The ministers continued:
It is time that the international community gets serious about tackling inequality and financing global public goods. One of the key instruments that governments have for promoting more equality is tax policy. Not only does it have the potential to increase the fiscal space governments have to invest in social protection, education, and climate protection. Designed in a progressive way, it also ensures that everyone in society contributes to the common good in line with their ability to pay. A fair share contribution enhances social welfare.
With exactly these goals in mind, Brazil brought a proposal for a global minimum tax on billionaires to the negotiation table of the world's major economies for the first time. It is a necessary third pillar that complements the negotiations on the taxation of the digital economy and on a minimum corporate tax of 15% for multinationals. The renowned economist Gabriel Zucman sketched out how this might work. Currently, there are about 3,000 billionaires worldwide. The tax could be designed as a minimum levy equivalent to 2% of the wealth of the superrich. It would not apply to billionaires who already contribute a fair share in income taxes. However, those who manage to avoid paying income tax would be obliged to contribute more towards the common good.
The five ministers cited estimates suggesting that "such a tax would potentially unlock an additional $250 billion in annual tax revenues globally—this is roughly the amount of economic damages caused by extreme weather events last year."
"Of course, the argument that billionaires can easily shift their fortunes to low-tax jurisdictions and thus avoid the levy is a strong one. And this is why such a tax reform belongs on the agenda of the G20," they added. "International cooperation and global agreements are key to making such tax effective. What the international community managed to do with the global minimum tax on multinational companies, it can do with billionaires."
Guardian economics editor Larry Elliott reported Thursday that "Zucman is now fleshing out the technical details of a plan that will again be discussed by the G20 in June. France has indicated support for a wealth tax and Brazil has been encouraged that the U.S., while not backing a global wealth tax, did not oppose it."
The French economist told Elliott that "billionaires have the lowest effective tax rate of any social group. Having people with the highest ability to pay tax paying the least—I don't think anybody supports that."
Except the billionaires, of course. "I don't want to be naive. I know the superrich will fight," Zucman added. "They have a hatred of taxes on wealth. They will lobby governments. They will use the media they own."
A few months ago, no one wanted to talk int. taxes, let alone on the super rich. Now we have a process (#G20), finance ministers (\ud83c\udde7\ud83c\uddf7 \ud83c\uddeb\ud83c\uddf7 \ud83c\uddff\ud83c\udde6 \ud83c\uddea\ud83c\uddf8 & others) supporting it, \ud83c\udde9\ud83c\uddea in part & everyone agreeing that proceeds should help fund climate and dev: https://t.co/ZldF557pAL— (@)
The ministers' opinion piece follows the International Monetary Fund (IMF) and World Bank's Spring Meetings last week, during which anti-poverty campaigners pressured the largest economies to address inequality with policies like taxing the superrich and to pour resources into the global debt and climate crises.
"The IMF and World Bank say that tackling inequality is a priority but in the same breath back policies that drive up the divide between the rich and the rest," Kate Donald, head of Oxfam International's Washington D.C. office, said last week. "Ordinary people struggle more and more every day to make up for cuts to the public funding of healthcare, education, and transportation. This high-stakes hypocrisy has to end."
Oxfam America policy lead Rebecca Riddell declared Thursday that "extreme inequality stands in the way of solving our most urgent global challenges. We need to tax the ultrawealthy."
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The administration is seeking to expand a system, said the groups, in which the jails and prisons used have been found to "operate under insufficient standards."
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"No, Mr. Netanyahu. It is not antisemitic or pro-Hamas to point out that in a little over six months, your extremist government has killed 34,000 Palestinians and wounded more than 77,000—70% of whom are women and children," said Sanders (I-Vt.). "It is not antisemitic to point out that your bombing has completely destroyed more than 221,000 housing units in Gaza, leaving more than one million people homeless—almost half the population."
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No, Mr. Netanyahu. It is not antisemitic or pro-Hamas to point out that in a little over six months your extremist government has killed 34,000 Palestinians and wounded more than 77,000 – 70% of whom are women and children.
You will not distract us from this immoral war. pic.twitter.com/oDaiyU4ipD
— Bernie Sanders (@SenSanders) April 25, 2024
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