In China, especially Mainland China, freedom of speech has been suppressed for a long time, with the permission and active support of police/law enforcement and the whole justice system. It is common that people who protest for social issues, such as the recent protest against zero-covid policy, will be arrested and have criminal records, even if no violence is used by the protesters. There are cases where people who speak against the authority by posting online, or publish articles as a journalist, will also be questioned by the police and be treated as criminals. Chinese authority is very accustomed to using 'you will get a criminal record for this' as a threat to deter people from protesting for their basic rights. Criminal record is used as a means of suppression, and the lack of a fair justice system makes the authority the only party which has a say in the jurisdiction.

However, in any democratic system, such behaviours will not be judged as criminal behaviours. People should have the freedom to express their opinions, and the freedom to live in dignity. The unjust law enforcement in China has deprieved Chinese people of the human rights that anyone should have. Speaking or peaceful demonstration to fight against violation of human rights should not be judged as crimes. If any criminal records of such nature appear in the document of Chinese people, it is fair that they should not be discriminated against when they wish to study, travel or work abroad.

Therefore, this petition asks any relevant organisations (universities, companies, customs, immigration offices) which may handle immigration applications from Chinese residents, to consider any criminal records with more care. A case-by-case procedure should be taken, to determine the nature of the case, and to judge whether the criminal records are received for criminal behaviours, or used as a punishment for free speech and protests against violation of human rights. Please allow any applicants to provide relevant evidence to support their cases and make allowance for the unjustly punished people.

If criminal records are not treated with more detailed examination, people who get the records as a punishment for their reasonable requests for human rights will be unjustly treated during their application for immigration, for the normal purpose of travel/study/work. This makes the threats made by the Chinese authority more effective in deterring potential protesters, and people will be more discouraged in their pursuit of basic rights. Without basic rights, they will not be able to live a normal life, and this will have more widespread impacts on global economy and political situations.

Please support the fight for human rights in China.

ACTIONS

For universities, companies and immigration offices:

if criminal records are required in your application process, please add a text box to allow for justifications/explanations and/or submit evidence. Please read these justifications and look through the evidence without discrimination or bias.

If, based on the submitted evidence, you decide that the criminal records are given to punish free speech/peaceful protests for human rights, please do not refuse an application because of these criminal records.

By doing so, you can help the fight for human rights all around the world.