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Petition Letter
Call to the Global Fund to Keep Its Promise to Strengthen the Supporting Environment to Ensure Universal Access, and Come to the Aid of Beijing AIZHXING Institute
Released by Beijing AIZHIXING Institute, July 5, 2010
To:
The State Council AIDS Working Committee (SCAWC)
The Ministry of Health (MoH)
CC:
Global Fund Secretariat
The Board of the Global Fund
Beijing AIZHIXING Institute (legally registered as Beijing ZHIAIXING Information & Counseling Co. Ltd.) send this petition letter to China Global Fund AIDS Program Principal Recipient, the State Council AIDS Working Committee and the Ministry of Health to ask you to pay attention to the situation that Beijing AIZHIXING Institute is being harassed by several government agencies recently. We ask you to investigate following issues outlined below in this letter by Beijing AIZHIXING Institute, and forward the findings and recommended solutions to the State Council AIDS Working Committee and Global Fund (Headquarters) Secretariat. Please take action to keep the promise made by Global Fund China AIDS Program that one of its objectives is to "strengthen the supporting environment to ensure universal access".
I.
China Global Fund AIDS Program was successfully selected as Consolidated Rolling Continuation Channel Program to consolidate all the resources on HIV/AIDS prevention and control in
- Strengthen the supporting environment to ensure universal access.
- Increase coverage of comprehensive HIV prevention programs for most at risk populations (SW, MSM, IDU, and migrants) and coverage of PMTCT.
- Increase access and quality of treatment, care, support, and secondary prevention services to PLHIV.
- Strengthen surveillance, testing, monitoring & evaluation and program management.
II. Beijing AIZHIXING Institute
Beijing AIZHIXING Institute formerly was called Beijing AIZHI Action Project, and was founded in March 1994. On September 26, 2002, it was legally registered with Beijing Industrial and Commercial Bureau. Our registration names include: Beijing AIZHIXING Institute (27 Sep 2002 � 28 Mar 2005),
Beijing AIZHIXING Institute is a grassroots AIDS NGO, located in
III. Regulations on AIDS Prevention and Treatment
"Regulations on AIDS Prevention and Treatment" was adopted at the 122d Executive Meeting of the State Council on January 18, 2006, and was effective as of March 1, 2006.
Article 51. Local governments at various levels shall formulate the supportive measures and provide necessary financial and other supporting conditions for relevant organizations and individuals in their AIDS prevention and treatment activities. Relevant organizations and individuals participating AIDS prevention and treatment shall have tax-benefits in accordance with the law.
IV. Harassment of Beijing AIZHIXING Institute in 2010
On January 17, 2010, we were forced by Beijing Public Security Bureau to cancel our 16th year Anniversary which had been in preparation for two months. The Beijing Police banned the activity with the reason that the invitees include people from foreign embassies and human rights defenders.
Late January and early February 2010, when the Director of the Institute, Mr. Wan Yanhai visited
On March 1-15, 2010, the car of Beijing Enjizhuang Police Station parked at the Wan Yanhai's apartment. This severely encroaches upon Wan Yanhai's personal safety and personal life.
In the afternoon of March 3, 2010, Beijing AIZHIXING Institute was supposed to hold "the International Sex Worker Rights Day Workshop and the Release Conference of Report on Sex Worker and Condom". It was planned to release the report letter sent by AIZHIXING to the State Council, siting the behaviors of 10 mass media including People (www.people.com.cn) and Beijing Times (http://epaper.jinghua.cn) which violate the "Publicity and Education Principles of AIDS and STD Prevention and Control" because their articles were suspected to report condom as the evidence of prostitution. This also violates condom promotion policy mentioned in the AIDS Regulations. Beijing AIZHIXING Institute wanted to bring these facts to the attention of the Ministry of Health and the Ministry of Public Security to investigate on the implementation of the policy of prohibiting reporting condom as evidence of prostitution, and make the media outlets responsible for their actions by handing out appropriate punishment.
In the evening of March 2, 2010, policemen from both Enjizhuang Police Station, Haidian Branch of Beijing Public Security Bureau and Beijing Public Security Bureau called Wan Yanhai, both of them asked about the meeting on March 3, and said because March 3 is the opening day of Two Conferences (National People's Congress and Chinese Peoples Political Consultative Conference), the workshop must be cancelled.
On March 4, the Central Propaganda Department of the Chinese Communist Party released a secret order to the media that prohibited any reports on AIZHIXING and Wan Yanhai, and the Sex Worker Rights and Health Workshop.
On March 18, 2010, the Haidian Branch of Beijing Industrial and Commercial Bureau visited AIZHIXING for an annual inspection. They took photos and took away a publicity brochure "Legal Handbook for Drug User", and made a record stating that AIZHIXING was using an unregistered name to make activities. (Our registration name is "Beijing ZHIAIXING Information & Counseling Co. Ltd." Please see the attachment).
On March 25, 2010, the Revenue Bureau of Beijing Local Taxation Bureau came to AIZHIXING to serve "Revenue Inspection Notification". The Institute's legal representative and chief accountant were not at the office. After negotiation, the Revenue Bureau agreed to come back and serve the notification to AIZHIXING again on April 6. This was the second time that AIZHIXING was inspected by Beijing Revenue Bureau in one and half year ago. The first inspection was in September 2008, and the revenue record of 2006-2007 was inspected. For the second time, the record of 2008-2009 and the first three months of 2010 was inspected. (Please see the attachment).
On March 30, 2010, Wan Yanhai was invited to lecture at South China University of Technology on Sexual Orientation and Mental Health. In the middle of the lecture, he was stopped by the police from Guangzhou Public Security Bureau. On the morning of March 31, two policemen from Guangzhou Public Security Bureau came to the hotel where Wan Yanhai was staying, and told him not to come to
The afternoon of March 31, many universities in
In the afternoon of April 20, 2010, Beijing Fire Bureau came to AIZHIXING to inspect the fire prevention.
In the morning of April 21, 2010, the person in charge of fire prevention of Balizhuang Street Office of Beijing Haidian District visited AIZHIXING.
In the morning of April 22, 2010, policeman knocked the door of Wan Yanhai's apartment, and a police car was waiting outside.
On April 23, 2010, Beijing Public Security Bureau called Wan Yanhai for tens of times.
On May 2010, the Beijing Revenue Bureau expanded the scope of inspection. They requested AIZHIXING to provide many working documents going back to the founding of AIZHIXING, which badly threaten the safety of personal privacy of staff and volunteers working at AIZHIXING.
In early June, 2010, AIZHIZING's legal consultant and temporary leader Lawyer Li Xiongbing were threatened by Beijing Public Security that he was not allowed to be involved in any AIZHIXING affairs; otherwise he might be arrested at any moment.
In late June, 2010, the real estate management company managing AIZHIXING rented office space told us that AIZHIXING must move after the leasing contract expires.
V. Harassment Faced by AIZHIXING in Recent Years
In November 2006, the 2nd Chinese Blood Safety and Legal Human Rights Conference organized by Beijing AIZHIXING Institute were banned, and Wan Yanhai was in detention for 3 days without any legal procedure.
In 2007, Wan Yanhai was met by Beijing Public Security Bureau almost every week. Wan Yanhai was not allowed to be reported by media, and his personal freedom was restricted three times (In May, August and December, 2007). He was freed to leave home after he was forced to write a guarantee letter.
Before the opening of 2008 Beijing Olympic Games, Beijing AIZHIXING Institute and its leader were severely harassed, please see more details in the statement published at that time.
In January 2009, at the AIZHIXING annual conference, two policemen from Enjizhuang Police Station came and checked the ID cards of the participants.
In June � July 2009, before the 60 anniversary of People's Republic of
VI. Other NGOs Suppressed by Government in 2010
A document released by the State Administration of Foreign Exchange effective March 1 requests that if any domestic companies who wish to receive donations from international nonprofit agencies must have project contract and other relative document notarized. However, because the notary offices do not know how to do this, many domestic NGOs, including AIZHIXING cannot receive overseas remittance, their work were suspended.
In early 2010, Oxfam was mentioned in a document released by the Ministry of Education. The document directed all universities to prevent NGOs such as Oxfam from enrolling volunteers on campus for the purpose of working for human rights protection organizations.
In late March, 2010, under the order of the Ministry of Education,
In late March, 2010, www.ngocn.org was closed.
VII. The Request of Beijing AIZHIXING Institute
Beijing AIZHIXING Institute has been involved in the Global Fund AIDS efforts in
Beijing AIZHIXING was the recipients of China Global Fund AIDS Program Round 4 and Round 6.
Beijing AIZHIXING Institute was also active in the Board of the Global Fund. Its staff Wan Yanhai and Liang Yanyan were members to the Developing Countries NGO Delegation to the Global Fund Board during 2005-2006 and 2007-2008, assisting the Board members representing NGOs in developing countries.
Based on the above difficulties faced by Beijing AIZHIXING Institute in recent years, we think China Global Fund AIDS Program PR should active seek assistance from the State Council AIDS Working Committee and the Ministry of Health to investigate on the harassment faced by Beijing AIZHIXING Institute and Wan Yanhai, and help AIZHIXING return to its normal operations. Beijing AIZHIXING Institute promises that based on the principle of transparency, we will cooperate with the investigation made by China Global Fund Program PR and the State Council.
Our specific requests are:
1. Ensure a normal working environment for AIZHIXING, the real estate management company is not allowed to drive off AIZHIXING, and the police not allowed visiting and disturbing its work at any moment.
2. Guarantee the safety of the staff and the volunteers of AIZHIXING; ensure that they are free from harassment and detention.
3. Prohibit the Beijing Bureau of Civil Affairs from banning Beijing AIZHIXING Institute for the reason of its working name, and confiscating its computers and documents for this reason.
4. Guarantee that privacy information of Beijing AIZHIXING Institute is not disclosed under any circumstance.
5. To comply with Article 51 of the AIDS Regulations, totally or partially exempt the corporate income tax of Beijing AIZHIXING Institute, who is a grassroots NGO representative in China working hard for AIDS Prevention and Control, and make clear that the organizations registered at the Industrial and Commercial Bureau do not need to pay business tax when they receive overseas beneficent donation.
6. To comply with Article 51 of the AIDS Regulations, the Government of Beijing Municipality must allow necessary financial support and other conditions to support Beijing AIZHIXING Institute to implement activities on AIDS Prevention and Control, including free or cheap work place, assisting it to be registered at Beijing Bureau of Civil Affairs and providing condoms and education brochures for the purpose of AIDS prevention education.
7. Requesting the Government of Beijing Municipality hold coordinative meetings in reasonable time with the following agencies: Beijing Public Security Bureau and Haidian Branch and Enjizhuang Police Station, Beijing National Security Bureau, Beijing Local Revenue Bureau and its Inspection Department, Beijing National Revenue Bureau, the Industrial and Commercial Bureau of Haidian District Beijing, Beijing Fire Bureau, Beijing Balizhuang Street Office, Beijing Health Bureau and Beijing AIDS Working Committee, Beijing Bureau of Civil Affairs, Beijing Bureau of Finance, order them not disturb Beijing AIZHIXING Institute in the future, and coordinate them to provide financial support and other conditions to support AIZHIXING's work.
8. Investigate and to rescind the secret order released by the Central Propoganda Department of Chinese Communist Party on March 4, 2010 that banned any media reports on Beijing AIZHIXING Institute and Wan Yanhai.
9. Investigate the case of the interruption of Wan Yanhai's lecture at South China University of Technology in
10. Based on Article 9 of the AIDS Regulations, the Central Government and the Government of Beijing Municipality should award Beijing AIZHIXING Institute for its contribution to AIDS Prevention and Control.
11. Rescind the notification released by the State Administration of Foreign Exchange which restricts the NGOs registered at the Industrial and Commercial Bureau to receive donation from overseas charitable agencies; to facilitate the NGOs working in AIDS Prevention and Control registered at the Industrial and Commercial Bureau to receive overseas donation.
Attachments:
附录：各项证据文件随后补充。
English version letter
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