BEIJING — Prominent rights lawyers in China issued sharp criticisms Thursday of an order from the Justice Ministry that requires new lawyers and those reapplying for licenses to swear an oath of loyalty to the Communist Party.
The Justice Ministry posted the oath on its website Wednesday. The core of it says: “I swear to faithfully fulfill the sacred mission of legal workers in socialism with Chinese characteristics. I swear my loyalty to the motherland, to the people, to uphold the leadership of the Communist Party of China and the socialist system, and to protect the dignity of the constitution and laws.”
Several lawyers said the oath was the first they knew of to force them to pledge loyalty to the Communist Party. In recent years, China has moved to curtail the ability of lawyers to practice, with what scholars of Chinese law say are severe rollbacks to the establishment of rule of law and legal reform. Last year, during a broad security crackdown across the country, many liberal lawyers were detained without cause. Some reportedly were beaten and tortured.
“The oath itself is full of contradictions,” said Pu Zhiqiang, a lawyer who has represented Lu Qing, the wife of Ai Weiwei, the rebel artist who was detained for 81 days last year in two secret locations with being charged. “Lawyers swear loyalty to the party and to the sanctity of the law? We all know that the party’s interference is often the reason why the law can’t be implemented.”
Chinese officials, and those overseeing the security apparatus in particular, have long been suspicious of the efforts of lawyers to ensure that everyone is protected equally under the law. Rights lawyers have tried fighting for legislation that would ensure that prosecutors cannot use evidence obtained through police torture.
The Justice Ministry posted an explanation with the oath that said its goal was to, among other things, ensure that lawyers follow the core values of “loyalty, devotion to the people, justice and probity.” The aim of the oath is also to “effectively improve the ideological and political quality, professional ethics and skills of lawyers.”
The website said new lawyers would have to take the oath within three months of acquiring licenses. It was unclear whether the mandate for those reapplying for licenses referred to the mandatory annual renewal, or whether it was for other applications, as when lawyers move their practices to new locations.
The pledge also appears to be the first one required of all lawyers by the Justice Ministry. Previously, lawyers had to swear oaths before individual lawyers’ associations, which have close ties to the party and rarely represent the interests of lawyers.
Liu Xiaoyuan, another rights lawyer, said that starting in 2000, the Beijing Lawyers Association required an oath of all lawyers practicing in Beijing. Liu said he had to take that oath when he moved his business to Beijing in 2005.
“It simply said, ‘I swear to protect the sanctity of the law and the constitution of the People’s Republic of China, follow lawyers’ professional ethics and protect my clients’ rights by law,’” he said.
Liu was detained without being charged for five days in April 2011 because of his friendship with Ai, the artist, and his firm still has not had its license renewed.
“It’s a shame that the lawyers’ oath shows such little understanding of the rule of law,” he said.
Information for this article was contributed by Mia Li of The New York Times.
Front Section, Pages 6 on 03/23/2012