Law Office Management
Aug. 2, 2008
Olympic Efforts
John Kamm makes olympic efforts for Chinese prisoners.
When the summer olympics kick off this month in Beijing, San Francisco human-rights activist John Kamm will be rooting for a victory that has nothing to do with gold medals. Kamm hopes the Chinese government--struggling to stem a growing tide of negative public opinion--will make history by accepting his "Olympic Pardon" proposal for prisoners languishing in China.
The pardon would extend to inmates near the end of long sentences and who are not a threat to society. It could free as many as 100,000 individuals, including political prisoners incarcerated for "counterrevolution" and "hooliganism," both of which were decriminalized more than a decade ago.
Long before launching this campaign, Kamm worked as a successful entrepreneur in China, becoming president of Hong Kong's American Chamber of Commerce in 1990. That post positioned him to practice his signature persuasion technique--theatrics combined with polite respect--all in the name of improving relations between China and the United States.
To further that end, in 1999 he launched a nonprofit foundation named Dui Hua, which is Chinese for dialogue. "If you meet to try to solve a problem, the Chinese response will be: 'Why don't we have a dialogue?' " Kamm explains. "Sanctions rarely work."
Although Dui Hua works on legal and constitutional matters, no one on its staff (two employees in Hong Kong and seven in San Francisco) is a lawyer. But, Kamm adds, all have studied American and Chinese law "by doing."
For example, he says, they saw to it that the idea for the Olympic Pardon, though without precedent, stands on firm legal ground. "China's constitution includes the right to declare special pardons--and Chinese law states that prisoners may be paroled after serving 50 percent of their sentences," says Kamm, who has lectured at law schools across the nation on human rights in China.
The foundation identifies political prisoners by combing through public sources such as books, gazettes, and court decisions. The process has netted more than 14,500 names, creating "the largest such database in the world, without question," says Kamm. And with that data he presses Chinese government officials for information about the prisoners. This, he estimates, has so far contributed to early release or better treatment for about 450 prisoners.
Dennis M. Cusack, a partner at Farella Braun + Martel in San Francisco and the author of Tibet's War of Peace, is cautiously optimistic about the proposal's chances. "The Olympics are a great opportunity to pry open a government that is closed and fearful," says Cusack. "And John is very savvy about the politics of what he's trying to do. But the responsiveness of the Chinese government to his quiet diplomacy has decreased in recent years. I would predict it might make some limited gestures, perhaps releasing more well-known prisoners."
Whatever results the pardon proposal brings, Kamm doesn't envision the work of Dui Hua ending anytime soon. "China will always want something. And it's essential for it to have a good relationship with the next president of the U.S., whoever that may be. Once the Olympics are over, we'll work on proposals for that."
Usman Baporia
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390
Send a letter to the editor:
Email: letters@dailyjournal.com