ATTENTION: 

 Mr Hu Jintao, President of the People’s Republic of China 

Mr Wen Jiabao, Premier of the People’s Republic of China 

Mr Joseph Deiss, President of the UN General Assembly and convenor of the UN General Assembly High Level Meeting on HIV/AIDS 

Mr Michel Sidibe, Chief Executive Officer, UNAIDS 

Mr Michel Kazatchkine, Chief Executive Officer, GFATM 

Ms Margaret Chan, Director General, World Health Organisation 

 IMMEDIATELY RELEASE CHINESE AIDS AND HUMAN RIGHTS ACTIVIST TIAN XI 

 We the undersigned international AIDS and human rights organizations are deeply concerned by the sentencing of young Chinese HIV/AIDS activist Tian Xi to one year in prison in China. Tian Xi is a courageous advocate for the thousands of people infected with HIV through China’s blood disaster, who now demand government accountability. We call for Tian Xi’s immediate release and for a national compensation plan for the thousands of victims of the blood disaster. 

 Tian Xi, age 24 years, contracted HIV and hepatitis as a child from a tainted blood transfusion. He has been imprisoned since August 2010. On February 11th 2011 Tian Xi was convicted of “Intentional damage to property” because he destroyed $600 worth of office equipment in a confrontation with a hospital doctor who refused to assist him in his pursuit of compensation. For years, Tian Xi has protested the lack of compensation and official redress for the millions of Chinese citizens infected with HIV in the 1990s from contaminated blood transfusions. Those tainted transfusions were the product of an illegal blood selling industry fueled by official corruption and indifference. 

 Tian Xi had been repeatedly harassed by the police and subjected to house arrest, and has become frustrated and angry over the continued lack of official accountability. He has tried repeatedly to raise his grievances through official channels, including at the inaugural meeting of the Beijing Red Ribbon Forum on Human Rights in July 2010. Weeks later he argued with a hospital director and allegedly damaged hospital office equipment. Several weeks after that, 20 police officers wearing hazmat protective overalls came to his house and arrested him. 

 Tian Xi has been imprisoned since August 2010 and under the sentence handed down from the People’s Court of Xincai County in Henan he will be imprisoned until August 2011.
China’s opposition to fundamental human rights
Tian Xi’s arrest and conviction are a clear signal from the Chinese government that advocating for basic human rights — rights that are enshrined in China’s own constitution and in international law — will have dangerous consequences. 

For Tian Xi, who must take life-saving medications for AIDS, the consequences of this sentence could be deadly, and Chinese activists have already expressed concerns about whether he is getting adequate treatment for HIV and hepatitis while in prison. Amnesty International has said that Tian Xi is at risk of torture. 

 China has received over one billion dollars from the Global Fund to Fight AIDS, TB and Malaria (GFATM) since 2002. The GFATM states in its ‘Framework Document’ that its founding principles are “the participation of communities and people, particularly those infected and directly affected by the three diseases” and the “aim to eliminate stigmatization of and discrimination against those infected and affected by HIV/AIDS, especially for women and children and vulnerable groups.” Retaliation and persecution of AIDS advocates violates these principles and hampers the government’s AIDS response.
However, despite progress in some areas, vulnerable groups, including poor rural farmers who became infected from the blood selling, sex workers, drug users, men who have sex with men, still face police intimidation, harassment and widespread discrimination.

 The Chinese government is obligated by its own laws, international law, and also by its acceptance of Global Fund money, to respect the rights to life and health, to provide medical services free of discrimination and to allow for civil society and activists to advocate for on behalf of vulnerable groups.
In addition, China has been signatory to UN Declarations on AIDS, including the 2001 ‘Declaration of Commitment’ which recognises that:
“the full realization of human rights and fundamental freedoms for all is an essential element in a global response to the HIV/AIDS pandemic, including in the areas of prevention, care, support and treatment, and that it reduces vulnerability to HIV/AIDS and prevents stigma and related discrimination against people living with or at risk of HIV/AIDS”
The Declaration also commits states to working with civil society.

 We believe that Tian Xi’s only “crime” is standing up for his rights. Indeed, Article 35 of the Chinese Constitution states that “[c]itizens of the People’s Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.”
We believe that the Chinese government must follow its own constitutional obligations and adhere to international standards. As a recipient of the Global Fund and a signatory to the UNGASS Declaration, China must release Tian Xi and provide compensation to him and the thousands of victims of the blood disaster. 

 We therefore call on the UN, UNAIDS, the Global Fund, the WHO and civil society organizations globally to condemn Tian Xi’s sentence and demand his immediate release. If Tian Xi is still in prison at the time the High Level Meeting on AIDS takes place in New York on June 8-10 we will make sure that his imprisonment – as well as the harassment of AIDS activists by governments of other countries – is a major issue facing the meeting.

 We would appreciate it if you would please acknowledge and reply to this memorandum at the following address: 

 Free Tian Xi! 

Care of Kate Paterson 

paterson@section27.org.za 

Fax: +27 11 339 4911 

 An injury to one is an injury to all! 

 Keep the promise on human rights! 

 Signatories: 

Abdullah Denovan, Jaringan Orang Terinfeksi HIV Indonesia (JOTHI) 

ACT UP New York 

Action S’Impliquer Dans l’Amour, Comoros 

Aer Barer. Yiming, China 

AIDS Concern

Hong Kong
AIDS Consortium

South Africa
AIDS Policy Project, USA

Al Xiaoming, Sun Yat-sen University, China 

All-Ukrainian Network of People Living with HIV 

Alliance of Chinese Transgenders 

Dr. Amira Herdoiza, Corporación Kimirina, Ecuador 

An Ran, China 

Prof. Andrew J. Nathan, Columbia University 

Anny Lutete, coordonnatrice national RIGIAC – SIDA/SANNAM 

Asia Catalyst 

Asia Pacific Network of People Living with HIV 

Associação de Reintegração dos Jovens/Crianças na Vida Social, Angola 

Prof. Barrett L. McCormick, Marquette University, USA 

Belarusian PLWH Community 

Canadian HIV/AIDS Legal Network 

Canadian Treatment Action Council 

Centre for Economic Governance and AIDS in Africa 

Centre for Human Rights, University of Pretoria, South Africa 

Center for Human Rights and Rehabilitation, Malawi 

Children Education Society, Tanzania 

China Alliance of People Living with HIV/AIDS 

China HIV/AIDS CBO Network 

Congress of South African Trade Unions (representing two million workers in South Africa)
Courtenay Sprague, University of Witwatersrand 

Dandelion Online Network for Women Living with HIV 

Dongjen Center for Human Rights Education and Action, China 

East Europe and Central Asia Union of People Living with HIV 

 Ebony Johnson, International Community of Women Living with HIV/AIDS (ICW-Global) 

F. Joseph Wilson, the Wilson Resource Center, USA 

Felicita Hikuam, Aids and Rights Alliance of Southern Africa 

Fundacion Arcoiris por el respeto a la diversidad sexual, Mexico 

Dr. George Ayala, The Global Forum on MSM & HIV (MSMGF), United States 

Geraldine Machin, Special Projects Coordinator for HCI Foundation 

GESTOS – HIV+, Communication and Gender, Brazil 

The Global Forum on MSM & HIV (MSMGF) 

The Global Fund to Fight AIDS, Tuberculosis and Malaria

Global Justice Institute, Metropolitan Community Churches 

Global Network of People Living with HIV
Health Equity Initiatives, Kuala Lumpur 

Health GAP (Global Access Project), New York, USA 

Hebei Langfang Brothers Love Working Group 

Henan Sanhe Working Group, China 

He Wenxin, Tianjin Binhai Working Group, China 

Housing Works, USA 

Human Rights Campaign in China 

Human Touch, India 

Ibrahim Umoru, Good Health Educators Initiative, Nigeria 

Indonesia AIDS Coalition 

International Treatment Preparedness Coalition 

Intersect Worldwide 

Prof. J. Bruce Jacobs, Monash University, Australia 

James D. Seymour, Columbia University, USA 

JANA, Belarus 

Janet Love, National Director of the Legal Resources Centre, South Africa 

Prof. Jerome Cohen, NYU School of Law, USA 

Jia Ping, China Global Fund Watch Initiative 

Joanne Csete, Columbia University, USA 

Prof. John Rapp, Beloit College, USA 

Josephine Chiu-Duke, University of British Columbia 

KANHNHA, Cambodia 

Kenya Legal & Ethical Issues Network on HIV & AIDS 

Latin American and the Caribbean Council of AIDS Services Organization 

The League of People Living with HIV/AIDS, Moldova 

Lesbian and Gay Equality Project, South Africa 

Li Fengzhi, former official of Department of Intelligence, China Security System, in exile 

Li Lin, Xinzheng Sunshine Home 

Lin, Wei-sheng, Judicial Reform Foundation, Taiwan 

Liu Tai, Hongkong Social activist 

Ma Guihong, Hebei Yongqing PLWHA Support Working Group 

 Ma Tiecheng, Shenyang Love Support Health Consultation Service Center, China 

Ma Qi, Jiaxing You Love Health Working Group, China 

Dr. Mabel Bianco, Fundación para Estudio e Investigación de la Mujer (FEIM), Argentina 

Mark Zhu, John Connor Brown Christian Care Center 

Matthew Southwell, International Network of People who Use Drugs, UK 

Max Yan Jia, coordinator Chinese Greens, member of Asia-Pacific Green Network 

Mazibuko Jara, Democratic Left Front, South Africa 

Menglin, Ark of Love, China 

Miaojue, China 

Nadia Rafif, Association de Lutte Contre le Sida (ALCS), Morocco 

National Women’s Lobby Group, Malawi 

Naya Goreto, Nepal 

The Networking HIV/AIDS Community of South Africa 

Nong Zhijun, Guiyang Yanqianyuan Health Consultation Center, China 

Ntchisi Integrated Development Organisation, Malawi 

Out-Right Namibia
Positive Malaysian Treatment Access & Advocacy Group 

Queer as Folk 

Rathi Ramanathan, Asia Pacific Network of Sex Workers (APNSW), Thailand 

Rhon Reynolds, European AIDS Treatment Group, The Netherlands 

 Rural Health Advocacy Project, South Africa 

Sarawak AIDS Concern Society, Malaysia 

Scarlet Alliance, Australian Sex Workers Association 

School of Public Health and Family Medicine at the University of Cape Town 

Sex Workers Outreach Project – NYC 

Search for a Cure, Malawi 

SECTION27, South Africa 

SG Rainbow, Singapore 

Social Aid 

Southern Africa HIV and AIDS Information Dissemination Service 

Students for Law and Social Justice, South Africa 

Thai AIDS Treatment Action Group 

Tianjin Haihe Star Working Group, China 

TOP Program, Myanmar 

Treatment Action Campaign, South Africa 

UNAIDS Programme Coordinating Board NGO Delegation 

Wang Baoyi, Tianjin hemophilia Love Home, China 

Wang Long, Zhe Jiang Love Working Group, China 

Wang Xiaoguang, China Network of IDU Service Organization 

 Wang Yueming, Heilongjiang Rainbow Gay Support Organization, China 

Weng Yongkai, China 

Women’s Global Network for Reproductive Rights 

World AIDS Campaign 

Xie Feng, Chongqing Blue Sky Gaymen Care Working Group
Xue Wei Qiu
Yangtze River Delta Gay Men Network, China 

Youth AIDS Filipinas Alliance, Philippines 

Youth LEAD/ 7 Sisters, Asia Pacific 

Youth Vision, Nepal 

Zhang Yunzhu
Zhu Longwei, Zhecheng County HIV/AIDS Working Group, China 

Zimbabwe Lawyers for Human Rights