[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 877 Engrossed in House (EH)]

H. Res. 877

                In the House of Representatives, U. S.,

                                                      November 7, 2009.
Whereas Chinese human rights activists Huang Qi and Tan Zuoren both sought to 
        help the parents whose children were killed as a result of the collapse 
        of numerous school buildings during the Sichuan earthquake of May 12, 
        2008;
Whereas the parents allege that school buildings collapsed at a much higher rate 
        than other types of buildings during the Sichuan earthquake;
Whereas the parents also allege that poor construction contributed to the higher 
        rate of school building collapses and that possible corruption among 
        local officials and builders contributed to inferior construction and 
        poor maintenance of the school buildings;
Whereas Chinese courts have refused to hear lawsuits brought by parents seeking 
        accountability for the school collapses, and Chinese officials have 
        warned lawyers not to take on these cases;
Whereas local Chinese officials have taken steps to prevent parents from 
        petitioning to higher authorities and have kept some parents in 
        arbitrary detention;
Whereas, Huang Qi, founder of the human rights advocacy website Tianwang Human 
        Rights Center (64tianwang.com), traveled to the earthquake zone after 
        the Sichuan earthquake and later posted articles on his website about 
        the demands by parents for an investigation into the collapse of school 
        buildings that killed thousands of children;
Whereas plainclothes police took Huang into custody on June 10, 2008, and 
        Chengdu public security officials formally arrested him on July 18, 
        2008, on charges of illegally possessing state secrets;
Whereas Huang's lawyer said that during Huang's detention, authorities 
        questioned him about interviews he conducted during visits to areas 
        affected by the quake;
Whereas Chinese officials have considerable discretion to declare information a 
        state secret, and their power to use such a charge to deny defendants 
        access to counsel and an open trial is subject to few limitations;
Whereas Huang's closed trial was held on August 5, 2009, and according to the 
        international nongovernmental organization Human Rights in China, four 
        police officers kidnapped a volunteer for the Tianwang Human Rights 
        Center, Pu Fei, to prevent him from testifying on Huang's behalf;
Whereas Huang suffers from numerous serious medical conditions, but Chinese 
        authorities reportedly have denied him adequate treatment;
Whereas Chinese officials denied requests to allow Huang to visit his seriously 
        ill father, who passed away in early September 2009;
Whereas following the Sichuan earthquake, writer and environmental activist Tan 
        Zuoren was active in calling for the government to investigate the cause 
        of the large number of school building collapses during the earthquake;
Whereas Tan was quoted in a May 27, 2008, South China Morning Post article as 
        saying that ``the government and the public must work together to find 
        an answer'' regarding why so many school buildings collapsed and urging 
        local governments to inspect other school buildings for poor 
        construction;
Whereas in February 2009, Tan issued a proposal via the Internet calling on 
        volunteers to travel to Sichuan to compile lists of students killed in 
        the quake, research the treatment of the deceased students' parents, and 
        conduct an independent investigation into the quality of school building 
        construction;
Whereas Tan issued a preliminary report in March 2009 that criticized officials 
        for failing to follow through on a commitment to fully investigate the 
        role that inferior construction played in the school building collapses 
        and for failure to deal with parents' demands;
Whereas authorities detained Tan on March 28, 2009, three days after the report 
        was published;
Whereas the indictment, dated July 17, 2009, said Tan was charged with inciting 
        subversion of state power in part because he gave interviews to 
        international media after the earthquake in which he allegedly harmed 
        the image of the Communist Party of China and the Chinese Government;
Whereas Tan's trial, held by the Chengdu Intermediate People's Court on August 
        12, 2009, was marred by procedural violations;
Whereas the court reportedly rejected requests by Tan's lawyers to call three 
        witnesses, including Ai Weiwei, a noted artist who helped design the 
        Beijing Olympics' National Stadium, or Bird's Nest, and who also was 
        investigating student deaths in the Sichuan earthquake;
Whereas Ai told various news agencies that police came to his hotel and used 
        force to prevent him and 10 other volunteers from leaving until after 
        the trial ended;
Whereas Tan's lawyers reported that the judge frequently cut them off during the 
        trial and that their request to show video evidence was not accepted;
Whereas the parents of earthquake victims who attempted to attend Tan's trial 
        were detained;
Whereas court officials reportedly did not allow reporters into the courtroom, 
        and police also barred hundreds of supporters from entering the 
        courtroom, saying the supporters needed passes even though court 
        officials had told them earlier that no passes were necessary;
Whereas the courts have not yet issued judgments in either Huang's case or Tan's 
        case; and
Whereas the Chinese Government's own National Human Rights Action Plan, issued 
        by the State Council Information Office in April 2009, says that ``the 
        state will guarantee citizens' rights to criticize, give advice to, 
        complain of, and accuse state organs and civil servants, and give full 
        play to the role of mass organizations, social organizations and the 
        news media in supervising state organs and civil servants'': Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) expresses its support for Huang Qi and Tan Zuoren for engaging 
        in peaceful expression as they seek answers and justice for the parents 
        whose children were killed in the Sichuan earthquake of May 12, 2008; 
        and
            (2) calls on the Government of the People's Republic of China to--
                    (A) provide Huang Qi and Tan Zuoren with the rights that all 
                Chinese citizens have under article 35 and article 41 of China's 
                Constitution, namely freedom of speech and association and the 
                right to make suggestions to officials free from suppression and 
                retaliation;
                    (B) ensure that Huang Qi and Tan Zuoren are afforded the 
                rights guaranteed to all defendants under the Criminal Procedure 
                Law of the People's Republic of China; and
                    (C) implement its own National Human Rights Action Plan by 
                allowing parents, concerned citizens, and the news media to 
                conduct their own investigations into the role inferior 
                construction and corruption may have played in the collapse of 
                school buildings during the Sichuan earthquake, free from 
                government harassment and official interference, and by ensuring 
                that citizens have full access to effective legal remedies for 
                their grievances.
            Attest:

                                                                          Clerk.