Editing Open Constitution Initiative

{{Refimprove|date=November 2019}}

The '''Open  Constitution Initiative''' ('''OCI''') ({{zh|c=公盟|p=gōngméng}}), sometimes referred to in English as '''Gongmeng''', was an organization consisting of lawyers and academics in the [[People's Republic of China]] that advocated for the [[rule of law]] and greater [[Constitution of the People's Republic of China|constitutional]] protections. It was established by [[Peking University]] Law School scholars [[Xu Zhiyong]], [[Teng Biao]], Yu Jiang, and Zhang Xingshui in 2003, and was shut down by the Chinese government in 2009.<ref>{{cite news |last1=Damiani |first1=Matteo |title=Interview with Teng Biao, founder of Open Constitution Initiative: the crackdown on Chinese civil society will continue |url=https://china-underground.com/2018/01/05/teng-biao-crack-down-on-chinese-civil-society/ |access-date=14 November 2019 |publisher=China Underground |date=5 January 2018}}</ref><ref>{{cite news |title=Open Constitution closed |url=https://www.economist.com/asia/2009/07/23/open-constitution-closed |access-date=14 November 2019 |publisher=The Economist |date=23 July 2009}}</ref>

== Proposed Constitutional Amendments ==
{{Expand section|date=December 2023}}
In 2004, the group proposed amendment to include “[[human rights]]” in the Constitution, and petitioned it to the [[National People's Congress]].

==Background==
Since 2002, [[online]] independent [[Mass media|media]] and [[tabloid (newspaper format)|tabloid]]s have played an important role in political discourse within Chinese society. Many Chinese [[intellectuals]] have used the [[Internet]] to discuss the possible evolution of Chinese politics. The OCI is a group of such intellectuals whose website contained essays about constitutional issues and the protection of [[civil and political rights|citizen's rights]]. One notable lawyer who is part of the group is [[Xu Zhiyong]].

==Activities==

===2003===
[[Xu Zhiyong]], [[Teng Biao]], and Yu Jiang raised the unconstitutionality of the investigation in the [[Sun Zhigang incident]].<ref>{{Citation |last=Hand |first=Keith |title=Citizens Engage the Constitution: The Sun Zhigang Incident and Constitutional Review Proposals in the People's Republic of China |date=2009 |work=Building Constitutionalism in China |pages=221-242 |editor-last=Balme |editor-first=Stéphanie |editor-link=Stéphanie Balme |place=New York |publisher=[[Palgrave Macmillan]] |language=en |doi=10.1057/9780230623958_13 |isbn=978-1-349-36978-2 |ssrn=1973135 |editor2-last=Dowdle |editor2-first=Michael W.}}</ref> In December, Xu was elected as a representative of the People's Congress of [[Haidian, Beijing]].<ref>{{Cite news |last1=Li |first1=Liu |title=Independent candidate elected |url=https://www.chinadaily.com.cn/en/doc/2003-12/17/content_291055.htm |access-date=16 May 2025 |work=China Daily |date=17 December 2003}}</ref>

===2004===
Participated in the drafting of a proposed amendment to include “[[human rights]]” in the Constitution, submitted to the [[National People's Congress]]; followed the Henan incident where authorities forcibly closed the [[HIV]]/[[AIDS]] orphanage known as “Home of Care and Love”; defended Yu Huafeng and Cheng Yizhong, the General Manager and Editor in Chief, respectively, of the Southern Metropolitan Daily; participated in representing the four innocent Chengde citizens who were sentenced, five times, to the [[death penalty]]; organized a symposium to discuss the legitimacy of the relocation of the Beijing Zoo. 

On 8 June 2004, [[Internet in the People's Republic of China|Chinese internet authorities]] shut down its web site without specifying a precise reason.<ref>Chinese rule-of-law website shut down, lawyer says. [[Agence France-Presse|AFP]], June 7, 2004</ref> The crackdown came during a time of heightened political tension regarding the [[Taiwan Straits]] and the 15th anniversary of the [[Tiananmen Square protests of 1989]], and also during events symbolic of China's increasing international interdependence, such as the visit of the [[Greece|Greek]] [[Olympic Games|Olympian]] envoy.

===2005===
Conducted research on China’s petitioning (“[[xinfang]]”) system; pushed for Local People’s Congress Delegate Reception Day; researched the local people’s congress system; began writing the 2005 Report on the Development of Human Rights in China.

===2006===
Completed the 2005 Report on the Development of [[Human Rights in China]]; followed the Beijing taxi price hike and reform of the management system; completed the Research Report on China’s Xinfang System; monitored the direct election of the Haidian District of Beijing Municipality Local People’s Congress; spoke out for the education rights of migrant children; wrote proposed legislative amendments to the Beijing Measures on the Administration of Dog Ownership.

===2007===
Assisted with the administrative suit on behalf of victims of the illegal brick kilns; followed the Zhongguancun demolition and relocation case; launched various citizen participation activities.

===2008===
Organized a Pro Bono Legal Aid Team to conduct public interest litigation on behalf of victims of the tainted milk scandal; promoted direct elections within the Beijing Lawyers Association.

===2009===
Released an investigative report into the causes of the 3.14 incident in [[Tibet]]; launched activities to promote open government information, including requesting the disclosure of three specific types of public expenditures; hosted a legal organization training workshop where legal knowledge relating to rights defence and elections was discussed; provided legal aid to Deng Yujiao, victims of "[[black jails]]", and petitioners; launched residence committee elections and organized symposiums on [[Green Dam]], mental disability, and many more issues; in order to guide public opinion on a path of rational development, expressed public opinion on many important issues. 

The organization published a report criticising the [[Government of the People's Republic of China|Chinese government's]] policy towards [[Tibet Autonomous Region|Tibet]], alleging that [[propaganda]] was being used to mask failings in its Tibet policy, such as ethnic inequality and creating "an aristocracy of corrupt and abusive government officials".<ref>[http://www.theage.com.au/world/chinese-tell-of-tibet-failures-20090521-bh1x.html Chinese tell of Tibet failures], ''[[The Age]]'', May 22, 2009</ref><ref>[http://www.taipeitimes.com/News/editorials/archives/2009/05/23/2003444327 EDITORIAL: The KMT and Chinese democracy], ''[[Taipei Times]]'', May 23, 2009</ref> It has been regarded as a more balanced view of the situation in Tibet and has had approval circulating through discussion websites in China, though the Chinese government has yet to comment.<ref>[https://www.telegraph.co.uk/news/worldnews/asia/china/5368440/Chinese-report-on-Tibet-reveals-the-roots-of-unrest.html Chinese report on Tibet reveals the roots of unrest], ''[[The Daily Telegraph]]'', May 22, 2009</ref> 

===Closure===
On July 14, 2009, the organization was fined 1.46 million [[RMB]]. On July 17, 2009, authorities declared the organization "illegal" and shut it down.<ref>[http://www.gongmeng.cn/sub_r.php?zyj_id=2545 Today the Bureau of Civil Affairs cracked down on Gongmeng], official website, July 17, 2009</ref> On 29 July 2009, [[Xu Zhiyong]] was arrested on charges of 'tax evasion'.<ref>[https://www.nytimes.com/2009/08/19/world/asia/19china.html?_r=1 Chinese Public-Interest Lawyer Charged Amid Crackdown], ''[[New York Times]]'', August 18, 2009</ref> He was subsequently released on bail on 23 August 2009.<ref>[http://www.rfa.org/english/news/china/LawyerReleased-08242009100808.html Lawyer Released, Assistant 'Missing'], ''[[Radio Free Asia]]'', August 24, 2009</ref> On August 21, 2010, the [[Chinese public security bureau|public security bureau]] of Beijing dropped all the charges, returned all its items formerly held in custody, and released Xu from bail. Xu and others continued their works and activities with a new organization name Gongmin ("citizen(s)", {{zh|s=公民|p=gōngmín}}<ref>{{cite web|title=北京市公安局取消公盟涉嫌偷税案 许志永解除取保候审(Chinese)|url=http://www.rfa.org/mandarin/yataibaodao/bj-08232010095156.html|access-date= 17 July 2015}}</ref>). However, his administrative assistant, [[Zhuang Lu]], is reported to have disappeared, possibly held in a detention house in Beijing.<ref>[https://www.theguardian.com/world/2009/aug/21/china-rights-activist-assistant-disappears Assistant to pioneering Chinese rights lawyer 'disappears'], ''[[The Guardian]]'', 21 August 2009</ref>

==See also==
* [[Human rights in the People's Republic of China]]
* [[Law of the People's Republic of China]]
* [[Weiquan movement]]
*[[Internet censorship in the People's Republic of China]]
*[[Internet freedom]]
*[[Freedom of the press]]

==References==
{{reflist}}

==External links==
* Official Website [http://www.gongmeng.info] {{in lang|zh}}
* [https://twitter.com/GongmengOCI Gongmeng's Twitter]

'''Website Shutdown by the Chinese authorities'''
* Official Website [http://www.gongmeng.cn/en/ Open Constitution Initiative] {{in lang|en}} (shut down by authority)
* Official Website [http://www.gongmeng.cn/index.php Open Constitution Initiative] {{in lang|zh}} (shut down by authority)
* [http://622007804.qzone.qq.com/blog/1249382069 OCI's Second Official Website] {{in lang|zh}} (shut down by authority on August 5, 2009)

[[Category:Think tanks based in China]]