by Jennifer Grace Smith
On December 22, 2009, draft amendments to the Organic Law of Village Committee Elections (村民委员会组织法) were submitted for the first time to the National People’s Congress Standing Committee for deliberation.
The National People’s Congress passed the Organic Law in 1987 on a trial basis, establishing the framework for conducting direct elections of village committee members by secret ballot with multiple candidates. Jiang Zemin made the law permanent in 1998. (Link to 1998 Organic Law: http://www.chinaelections.org/Newsinfo.asp?NewsID=164425) Currently, the elections are held every three years, involve the participation of 900 million Chinese villagers, and remain the only institution in China through which candidates can openly compete and electors can experience true electoral choice. However, the elections have suffered from numerous problems, and the quality and competitiveness of the elections and the effectiveness of the village committee governance vary from one village to another as a result.
The amendments currently under consideration in the NPC are an attempt to resolve the problems affecting village elections and increase the effectiveness of Village Committee governance. In particular, they target three major problems, which are discussed below. The NPC has invited citizens to offer their comments and opinions on the draft amendments through its official website (www.npc.gov.cn).
1. “Recall Difficulties”—the draft amendments lower the threshold for the recall of village officials
In recent years, some rural areas have encountered difficulties in recalling village officials, giving villagers little recourse in instances of corruption or other wrongdoing. In order to resolve this problem and thus ensure that Village Committees can operate normally, the draft amendments stipulate that in any village, one-fifth or more of villagers holding voting rights or one-third or more of village representatives can bring forth reasons to demand a recall of Village Committee members.
In comparison to the Organic Law currently in effect, the draft amendments would lower the threshold for a recall of village officials, which would help to ensure that Village Committee members remain honest and hardworking after elections are over and guarantee that villagers have the ability to safeguard their own rights and interests. The draft amendments also specify that the Village Committee member being subject to recall has the right to defend himself or herself.
A recall of the vote requires a villager meeting announced by the village election committee. A majority of registered voters in the village must vote in favor of the recall before the recall may begin. After the requirements for a recall have been reached, the Village Election Committee must announce a special election to replace the recalled committee member. The specially elected Village Committee member will serve out the remainder of the Village Committee’s current term in office.
2. Village Meeting Difficulties—the draft amendments improve the composition and procedures of village representative meetings
In recent years, due to China’s economic and social developments, the number of people leaving their villages to work as migrant workers has increased, and the majority of migrants are unwilling to return to their villages to participate in village meetings or elections. In addition, some villagers have little knowledge of democratic processes and weak participation in meetings. This makes it difficult to hold regularly scheduled village meetings.
Currently, the majority of villages convene a village meeting once every three years. In many localities, when Village Committee elections are held, the actual percentage of villagers participating in an election rarely reaches half of the village’s population. This makes it difficult to hold an election and hinders policy making and democratic management in the aftermath of the election.
In order to ameliorate this situation, the draft amendments call for the establishment of a village representative meeting in villages with a large population or in which residences are scattered, allowing representatives to discuss and decide matters for which they are authorized. Participants in the village representative meeting will be composed of Village Committee members and village representatives, with village representatives making up two-thirds or more of total participants in the village representative meeting. Female village representatives must make up at least one-third of total representatives. One village representative will be chosen for every five or fifteen households, depending on the locality, or recommended by each group of villagers.
3. Difficulties in Realizing Democratic Supervision—the draft amendments mandate an increase in village affairs oversight bodies
In the process of pushing forward villager self-governance, many areas are placing a great deal of emphasis on democratic elections, while ignoring democratic decision making, democratic management, and democratic oversight. In some areas, mechanisms allowing villagers oversight of village leaders are not in place, which means that cadres lack effective monitoring by the villagers. As such, financial matters remain opaque, decision making remains undemocratic, and rural masses make repeated petitions to the government in protest of injustices due to unregulated village management.
In order to deal with this problem effectively, the draft amendments strengthen the bodies overseeing villager affairs. The amendments stipulate that the village must establish a Villager Affairs Oversight Commission that manages the village’s finances and ensures the openness of village affairs. Its members will be elected by villagers and must have knowledge in finance, accounting, and management.
The draft amendments also make clear that the Village Committee members and their close relatives may not become members of the Village Affairs Oversight Commission. Members of the Oversight Commission will be nonvoting attendees of the Village Committee meetings and will report on their work to the village meetings and the villager representative meetings.
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[CEG Commentary] Amendments to Village Election Law under consideration in NPC
by Jennifer Grace Smith
On December 22, 2009, draft amendments to the Organic Law of Village Committee Elections (村民委员会组织法) were submitted for the first time to the National People’s Congress Standing Committee for deliberation.
The National People’s Congress passed the Organic Law in 1987 on a trial basis, establishing the framework for conducting direct elections of village committee members by secret ballot with multiple candidates. Jiang Zemin made the law permanent in 1998. (Link to 1998 Organic Law: http://www.chinaelections.org/Newsinfo.asp?NewsID=164425) Currently, the elections are held every three years, involve the participation of 900 million Chinese villagers, and remain the only institution in China through which candidates can openly compete and electors can experience true electoral choice. However, the elections have suffered from numerous problems, and the quality and competitiveness of the elections and the effectiveness of the village committee governance vary from one village to another as a result.
The amendments currently under consideration in the NPC are an attempt to resolve the problems affecting village elections and increase the effectiveness of Village Committee governance. In particular, they target three major problems, which are discussed below. The NPC has invited citizens to offer their comments and opinions on the draft amendments through its official website (www.npc.gov.cn).
1. “Recall Difficulties”—the draft amendments lower the threshold for the recall of village officials
In recent years, some rural areas have encountered difficulties in recalling village officials, giving villagers little recourse in instances of corruption or other wrongdoing. In order to resolve this problem and thus ensure that Village Committees can operate normally, the draft amendments stipulate that in any village, one-fifth or more of villagers holding voting rights or one-third or more of village representatives can bring forth reasons to demand a recall of Village Committee members.
In comparison to the Organic Law currently in effect, the draft amendments would lower the threshold for a recall of village officials, which would help to ensure that Village Committee members remain honest and hardworking after elections are over and guarantee that villagers have the ability to safeguard their own rights and interests. The draft amendments also specify that the Village Committee member being subject to recall has the right to defend himself or herself.
A recall of the vote requires a villager meeting announced by the village election committee. A majority of registered voters in the village must vote in favor of the recall before the recall may begin. After the requirements for a recall have been reached, the Village Election Committee must announce a special election to replace the recalled committee member. The specially elected Village Committee member will serve out the remainder of the Village Committee’s current term in office.
2. Village Meeting Difficulties—the draft amendments improve the composition and procedures of village representative meetings
In recent years, due to China’s economic and social developments, the number of people leaving their villages to work as migrant workers has increased, and the majority of migrants are unwilling to return to their villages to participate in village meetings or elections. In addition, some villagers have little knowledge of democratic processes and weak participation in meetings. This makes it difficult to hold regularly scheduled village meetings.
Currently, the majority of villages convene a village meeting once every three years. In many localities, when Village Committee elections are held, the actual percentage of villagers participating in an election rarely reaches half of the village’s population. This makes it difficult to hold an election and hinders policy making and democratic management in the aftermath of the election.
In order to ameliorate this situation, the draft amendments call for the establishment of a village representative meeting in villages with a large population or in which residences are scattered, allowing representatives to discuss and decide matters for which they are authorized. Participants in the village representative meeting will be composed of Village Committee members and village representatives, with village representatives making up two-thirds or more of total participants in the village representative meeting. Female village representatives must make up at least one-third of total representatives. One village representative will be chosen for every five or fifteen households, depending on the locality, or recommended by each group of villagers.
3. Difficulties in Realizing Democratic Supervision—the draft amendments mandate an increase in village affairs oversight bodies
In the process of pushing forward villager self-governance, many areas are placing a great deal of emphasis on democratic elections, while ignoring democratic decision making, democratic management, and democratic oversight. In some areas, mechanisms allowing villagers oversight of village leaders are not in place, which means that cadres lack effective monitoring by the villagers. As such, financial matters remain opaque, decision making remains undemocratic, and rural masses make repeated petitions to the government in protest of injustices due to unregulated village management.
In order to deal with this problem effectively, the draft amendments strengthen the bodies overseeing villager affairs. The amendments stipulate that the village must establish a Villager Affairs Oversight Commission that manages the village’s finances and ensures the openness of village affairs. Its members will be elected by villagers and must have knowledge in finance, accounting, and management.
The draft amendments also make clear that the Village Committee members and their close relatives may not become members of the Village Affairs Oversight Commission. Members of the Oversight Commission will be nonvoting attendees of the Village Committee meetings and will report on their work to the village meetings and the villager representative meetings.
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