From: Aftenposten
Date: 30.05.2006
C O N F I D E N T I A L SECTION 01 OF 03 BEIJING 010603
SIPDIS
SIPDIS
E.O. 12958: DECL: 05/30/2031 
TAGS: PHUM, PREL, CH 
SUBJECT: HUMAN RIGHTS: AMBASSADOR URGES CHINA TO TAKE ACTION
REF: A. STATE 85623 (NOTAL) B. BEIJING 6855 (NOTAL)
BEIJING 00010603 001.2 OF 003
Classified By: Classified by Ambassador Clark T. Randt, Jr. Reasons 1.4 (b/d).

Summary 
-------

1. (C)
The Ambassador used Ref A points to urge China to renew
cooperation on human rights issues in a May 30 meeting with
MFA International Organizations Director General Wu
Hailong. DG Wu replied that China is ready to conduct
exchanges on human rights on the basis of equality and mutual
respect, but the United States´ constant pressure regarding
individual cases amounts to interference in China´s internal
affairs.  DG Wu added that the United States should consider
China´s overall progress on human rights issues and recognize
recent strides. Individual cases are being dealt with in
accordance with rule of law. Frequent U.S. inquiries about
these cases disrupt the judicial process and "create trouble"
for the Foreign Ministry.  The Ambassador responded that
President Bush places a strong emphasis on human rights and
religious freedom.  The United States and China need to work
together on these matters. The Ambassador cautioned that
recently we have seen less rather than more cooperation, and
that, without movement, we risk having human rights become a
bigger problem in the bilateral relationship.  In this vein,
we are focused on results and actions, not just dialogue, the
Ambassador added. He also raised the case of LPR Wu Hao and
China-Vatican relations. DG Wu raised the Dalai Lama and
recent actions in the U.S. Congress that he termed
"anti-China." End Summary.

Ambassador Urges Progress 
-------------------------

2. (C)
The Ambassador opened by saying he was coming 
in on instructions to deliver a tough demarche on 
human rights. In addition to the points included in 
Ref A, the Ambassador:
-- raised the case of U.S. Permanent Resident 
filmmaker Wu Hao, noting that Wu disappeared February 
22 and has been denied access to his family or a 
lawyer for more than three months without criminal 
charges, and
-- urged China to promptly reschedule the visit to 
China of Archbishop Celli from the Vatican.

DG Wu´s Response 
----------------

3. (C)
DG Wu presented a lengthy response. He opened by lauding the
recent round of China´s human rights dialogue with the
European Union, adding that in line with the spirit of those
discussions, the best way to handle human rights issues is on
the basis of equality and mutual respect. He said the United
States should recognize the improving human rights landscape
in China and take note that China is "making constant
progress." He cited the 11th Five Year Plan as evidence that
human rights gains are being enshrined in law, specifying that
the Plan includes measures, such as alleviation of
agricultural taxes and arbitrary school fees, that relieve
economic pressure on the rural poor. In addition, reform of
the judicial system, specifically regarding administrative
proceedings, continues apace. DG Wu said human rights
education in primary and middle school constitutes another
bright spot.

4. (C)
China is continuing its human rights dialogues with many
countries, DG Wu said. For example, in June, two State
Secretaries from Norway will come to China to conduct rights
talks. The Norwegian officials will then travel to Tibet and
Xinjiang. In this context, DG Wu condensed China´s overall
approach to human rights into three points. The Chinese
Government 1) attaches great importance to human rights
issues, 2) is ready and willing to conduct exchanges and
cooperate on human rights issues on the basis of equality and
mutual respect and 3) wants to avoid confrontation and prefers
exploring cooperative avenues to resolving differences on
human rights.

Individual Cases a Headache for MFA 
-----------------------------------

5. (C)
Turning to individual cases, DG Wu said China is a country
ruled by laws and has an independent judiciary. As such, the
habit of some foreign countries of frequently expressing
concern and asking China to take action on specific cases is
not in line with the principle of rule of law, DG Wu
said. This was a cause for complaint from his counterparts
from Chinese judicial and law enforcement agencies who had
accompanied him to the rights dialogue with the EU.  To some
extent, the regular expression of U.S. concern about
individual cases disrupts the judicial process in China and
also causes trouble for the Foreign Ministry, DG Wu
related. For example, some of the cases the United States asks
for information on involve people with complex ethnic names.
Locating such a person often takes extra time and effort.  "So
on one side, I get complaints from the United States, and on
the other, I get complaints from other Chinese government
organs," DG Wu complained. In sum, China hopes that the United
States will respect the independence of the Chinese
judiciary. "We hope the U.S. side will stop using individual
cases to interfere in China´s internal affairs," DG Wu said.

Vatican 
-------

6. DG Wu said China has previously agreed to a "secret" visit
from Archbishop Celli in the Second Quarter of 2006. He said
that recent events (note: he was referring to the dispute over
the ordination of bishops in Mainland China without the
Vatican´s official sanction) have made such a visit not
suitable for the time being. Nonetheless, China remains
committed to improving relations with the Vatican, DG Wu
stated, blaming the Vatican for being unresponsive to China´s
efforts in this area. He recited the prerequisites that
Chinese officials have repeatedly outlined for improving ties
with the Holy See, namely that the Vatican a) must sever ties
with Taiwan and b) commit to non-interference in China´s
internal affairs.

USG Sees Little Cooperation 
---------------------------

7. (C)
The Ambassador underscored that the U.S. commitment to human
rights goes beyond the State Department or individual
Non-Governmental Organizations. President Bush himself
attaches great importance to these issues and never meets with
President Hu without raising them. The Ambassador stressed
that a key element of rule of law is transparency. Accordingly,
China´s lack of responsiveness to our requests for information
concerning specific cases is incomprehensible. We can
appreciate the difficulty of finding information about some
cases, but the ones we raise are generally high- profile and
well-known. Some of the cases we raise involve individuals
being held in contravention of Chinese law. Previously the
Chinese side told the United States that if we took a
cooperative and non- confrontational approach to China
regarding human rights, then we would see increased
collaboration and openness. We have been cooperative, but now
we are receiving less, not more, cooperation from the Chinese
side, the Ambassador emphasized.

8. That the EU and China had a good human rights dialogue
session is positive, the Ambassador said.  The United States,
however, continues to be focused on actions, results and
productive movement, not just dialogue. The Ambassador warned
DG Wu that if we do not cooperate, human rights risks becoming
even a bigger problem in the bilateral relationship.

Criticism of Congressional Measures 
-----------------------------------

BEIJING 00010603 003.2 OF 003

9. (C)
DG Wu contended that the Chinese side has been responsive on
human rights matters, noting that the MFA provided a prompt
answer to the United States´ Six Steps for the Hu visit. In
fact, in DG Wu´s view, it is the United States that has not
been responsive.  China still awaits our comments on its Four
Points, which the MFA passed to us in April (Ref B). (Note: We
have to date deemed it inappropriate to respond because the
Four Points, involving steps the United States should take to
ensure a more productive human rights relationship with China,
do not, in our view, merit serious consideration. End note.)

10. (C)
DG Wu said that now that he had listened to our complaints, he
wanted to raise several of China´s complaints. First on the
list was the prospective awarding of a Congressional Medal to
the Dalai Lama.  Recapping points Chinese officials have made
to us often on the subject, DG Wu contended that the Dalai
Lama is not just a religious figure but is a political one as
well who is committed to splitting China and achieving Tibetan
independence. By viewing the Dalai Lama as purely a religious
figure, the United States Government only sees one side of the
story. The Chinese Government hopes the Administration can
express opposition to Congress´ action and exert its influence
to ensure that the award never transpires.

11. (C)
In a similar vein, DG Wu complained about three recent
resolutions in the House International Relations Committee
that he described as anti-China, including one on religious
freedom, one commemorating the 17th anniversary of the
crackdown on Tiananmen Square and one on illegal ordination of
bishops in China. DG Wu argued that China´s social, political
and economic progress since 1989 vindicated the Central
Government´s actions and showed that stability is the most
important factor in safeguarding citizens´ human rights. He
asked that the U.S.  Administration do what it can to stop the
momentum of these Congressional measures, which could damage
bilateral relations.

12. (C) 
The Ambassador rejected DG Wu´s arguments on the Dalai
Lama. We view the Dalai Lama as a Nobel Peace Prize laureate
and deeply respected religious figure. As for Congressional
actions, the Ambassador reminded DG Wu about the principle of
separation of powers. DG Wu said that, as he had spent four
and a half years in the United States, he understands the
limited influence the Executive Branch has on the Legislative
Branch in some situations. The Executive should prevail when
the national interest is at stake, he asserted.

RANDT