PUBLICATION:                National Post

DATE:                                 2003.12.23

EDITION:                            National

SECTION:                          News

PAGE:                                 A1 / Front

BYLINE:                             Joe McDonald

SOURCE:                           The Associated Press

DATELINE:                         BEIJING ANNIVERSARIES 

 --------------------------------------------------------------------------------

China to enshrine property rights: Cultural revolution: Communists set to amend constitution

 --------------------------------------------------------------------------------

BEIJING - With just eight words, China yesterday proposed an epic change to its national character, introducing a constitutional amendment that would guarantee the right to private property for the first time since the 1949 communist revolution.

Twenty-five years after Deng Xiaoping began to abandon Chairman Mao Zedong's disastrous collectivism, an amendment was put to the National People's Congress that "private property obtained legally shall not be violated."

It would give an official status to the entrepreneurs who once were considered the enemy of communism but now drive China's economy, creating millions of jobs and dotting the skylines of Beijing and other cities with office towers and apartment blocks.

Already secretly approved by the Communist Party central committee, the change ends one of the most sensitive debates in recent years. It was submitted to the Congress for almost certain approval, along with a proposal to enshrine in the constitution the theories of Jiang Zemin, the former leader who invited capitalists to join the party.

The changes reflect the party's decision to cast off leftist dogma in pursuit of prosperity and national status -- and to embrace the forces driving change in order to stay in control.

The changes reflect the party's decision to cast off leftist dogma in pursuit of prosperity and national status -- and to embrace the forces driving change in order to stay in control.

"The Chinese leadership understands that the private sector will be the engine for economic growth," said Joseph Cheng, a political scientist at the City University of Hong Kong.  

In part the change is symbolic, bringing the constitution up to date with China's market-driven reality. But it will also likely strengthen the rule of law in a business environment where many common transactions go on without legal structure or regulation.  

The lack of constitutional protection has not prevented millions from rushing in to capitalism. Private business has driven a surge in living standards for ordinary Chinese and has created the jobs needed by China as state companies slash payrolls in a race to become profitable. The government of Shanghai, China's commercial capital, says its economic output per person has passed the equivalent of US$5,000 a year.  

The amendment would likely be followed by changes in the law to create structures for business practices, such as trading real estate or stocks and bonds -- things Chinese already do but without legal guidelines or protections.  

One major practical boost could be state banks will be more willing to offer loans. State banks lend almost solely to state-run companies, seeing private firms as too risky. With their private property protected, businesses could use it as collateral to get loans. Chinese entrepreneurs have also complained foreign businessmen have an advantage, since regulations protecting foreign investments are already in place.  

A key element missing from the announcement yesterday was any mention of political reform. President Hu Jintao, who replaced Mr. Jiang in March, has called publicly for greater "socialist democracy." But the phrase refers to making the closed, secretive ruling party more responsive to public needs -- not sharing power with opposition parties.  

China holds nonpartisan elections to village-level posts and for powerless advisory bodies in major cities. Chinese leaders say they have no immediate plans to allow voting for higher-level posts -- a step that would give popularly chosen officials real power.  

In 1999, the constitution was amended to declare private business an "important component" of the economy, not just a "complement" to state industry.  

Xinhua reported that the latest change would put private property "on an equal footing with public property."  

The other proposal would say Mr. Jiang's theories are considered guiding principles of the nation, along with the ideology of Mao and Mr. Deng. That would give Mr. Jiang, 77, a victory in his campaign for a place in history alongside the country's Communist giants. However, Xinhua did not say whether he would be mentioned by name -- an honour that many in the party are rumoured to oppose.  

Mr. Jiang's awkwardly named "Three Represents" ideology argues the party has to modernize itself, representing entrepreneurs in addition to its role as "vanguard of the working class." That would let Communist leaders draw China's new business elite into their own circle, keeping the party relevant in a changing society and shoring up their own power.  

------------------------------------------------------

 Lorne Gunter Column: Property rights are being eroded by the charter, court decisions:

http://www.cssa-cila.org/garryb/publications/Article189.htm

 NEWS RELEASE - July 29, 2003

SUPREME COURT RULED: CANADIANS HAVE NO PROPERTY RIGHTS

“Anything you own can be expropriated without due process and without compensation say the Supremes.”

http://www.cssa-cila.org/garryb/breitkreuzgpress/property5.htm 

NEWS RELEASE - November 21, 2002

BILL WOULD LIMIT LIBERAL’S ABILITY TO RUN ROUGHSHOD OVER PROPERTY RIGHTS

“Breitkreuz’s bill would strengthen every individual’s right to own and enjoy property in federal law.”

http://www.cssa-cila.org/garryb/breitkreuzgpress/proprightsnov2102.htm

http://www.parl.gc.ca/37/2/parlbus/chambus/house/bills/private/C-313/C-313_1/C-313_cover-E.html 

 

CANADIAN ALLIANCE POLICY ON PROPERTY RIGHTS - APRIL 2002

 44. We believe the right to own, use and benefit from private property (including labour and real, intellectual and personal property), and to contract freely, lies at the very heart of our legal and economic systems and distinguishes a free society. Therefore, we will seek the agreement of the provinces to amend the Charter of Rights and Freedoms to include this right, as well as a guarantee that no person shall be deprived of it without the due process of law and full, just and timely compensation. Regardless of the outcome of talks with the provinces to amend the Charter of Rights and Freedoms on this issue, we will enact legislation to ensure that full, just and timely compensation will be paid to all persons who are deprived of personal or private property as a result of any federal government initiative, policy, process, or legislation.