From: <a href="http://www.aftenposten.no/spesial/wikileaksdokumenter/article3960184.ece">Aftenposten</a><br>
Date: 09.12.2009: 

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C O N F I D E N T I A L SECTION 01 OF 03 BRUSSELS 001656
SIPDIS
FOR DEPT EUR/ERA:LKONICK, DRL/AWH:SOSULLIVAN, DRL/IRF:EKAO, AND G:JWINDON
E.O. 12958:
DECL: 12/09/2019 
TAGS: PGOV, PREL, PHUM, KIRF, EU 
SUBJECT: CHALLENGES WITH CHINA DISCUSSED AT HUMAN RIGHTS EXCHANGE
Classified By: Deputy Political Counselor Mary Curtin
for reasons 1.4(b) and (d).

1. (C)
SUMMARY. The recent EU-China human rights dialogue dominated
discussions during the December 4 human rights exchange (HRE)
on China. Participants from the EU, Sweden, The Netherlands,
Germany, Hungary, Australia, Japan, Switzerland, Norway,
Canada and the U.S. also discussed efforts to mainstream human
rights into their overall relationships with China and debated
possible avenues for cooperation with the Chinese. The Dutch
hosts concluded the conversation with a session on the current
state of freedom of religion in China. Canada will host the
next human rights exchange in May 2010. END SUMMARY.

---------------------------------------
FROSTY CLIMATE AT EU-CHINA DIALOGUE 
---------------------------------------

2. (C)
Swedish xxxx began the session by providing a bleak assessment
of the November 20 EU-China human rights dialogue. xxxx
explained that the Chinese failed to provide relevant
information and spent an inordinate amount of time detailing
human rights violations in EU member states. Rule of law was
the main topic on the EU side, but according to xxxx the
Chinese answered all inquiries by reiterating the "Three
Supremes" doctrine (the will of the party and the will of the
people will override the importance of the written law in
legal cases). "China then encouraged the EU to find a more
open attitude toward rule of law," xxxx said. China also
sharply attacked the UN Special Procedures by stating that
rapporteurs and envoys should be elected with consideration to
better geographic distribution. According to xxxx, the one
positive aspect of the dialogue was an extensive reply to
individual cases by the Chinese. The Chinese, he guessed, were
attempting to thwart any EU attempts to bring up more
individual cases at the EU-China summit ten days later.

3. (C)
xxxx then asked European Commission Human Rights xxxx, xxxx,
to comment on the legal seminar and field visits attached to
the dialogue. The seminars remains highly politicized,
explained xxxx, and the Chinese objected to almost all aspects
of the organization and participation, including specific
opposition to the participation of representatives from
Amnesty International and Human Rights Watch. To end
deliberations the EU agreed to circulate, on the Chinese
Ministry of Foreign Affair´s behalf, a notice forbidding
individuals from participating in side meetings outside the
legal seminar. The EU did conduct its own side meetings with
the Ministry of Labor and the Ministry of Justice, but xxxx
described these as "dual monologues" instead of actual
discussions. Reflecting on his experience, xxxx, who has
participated in four prior EU-China dialogues, said that the
atmosphere was "aggressive, assertive, frosty" and the most
difficult he had experienced. xxxx agreed, adding that China
repeatedly reiterated that these are new times and China is
"no longer going to sit here to be lectured by you."

4. (C)
This aggressive atmosphere of the seminar and human rights
dialogue marred joint statement negotiations prior to the
EU-China summit, explained European Commission xxxx. However,
according to xxxx, the EU brought up human rights concerns,
but not individual cases, at the ministerial troika prior to
the summit, at European Commission President Jose Manual
Barroso´s private dinner with Chinese Premier Wen Jiabao, at
the press conference, and at the summit itself.

--------------------------------------------
MAINSTREAMING HUMAN RIGHTS VIS--VIS CHINA 
--------------------------------------------

5. (C)
Several other HRE participants described similar efforts to
mainstream human rights concerns into other aspects of their
relationships with China. The Dutch, for example, explained
that it is their policy to brief all ministers on human rights
issues of concern to their portfolios prior to visiting China.
Canada said that they used ministerial meetings as a means to
raise human rights following the suspension of their formal
dialogue. The U.S. also described its interest in expanding an
"interagency approach" to raising key human rights issues,
emphasizing the role rule of law, the free flow of
information, religious tolerance, and a vibrant civil society
can play in helping to address global challenges and
maintaining stability.

6. (U)
Currently the EU is evaluating the EU-China human rights
dialogue, and one aspect of the review is how best to
mainstream human rights issues. The EU is also trying to
determine how to assess the impact and success of the
dialogue, as well as evaluating the legal seminar. Since
member states have not come to any conclusions, the European
Council representative did not comment on the evaluation´s
internal or strategic recommendations.

-------------------------- 
DETERORIATING CONDITIONS 
--------------------------

7. (C)
HRE participants agreed that human rights and civil society
conditions within China are generally deteriorating,
especially the rule of law. European Commission Human Rights
xxxx said that his contacts are reporting that human rights
lawyers are increasingly harassed by police and experiencing
increased pressure by the Beijing Lawyers Association.
Australia reported concern about the continued imprisonment by
petitioners in black jails. When the EU asked China about
these black jails during the EU dialogue, xxxx explained,
Chinese officials dismissed them as "guest-houses" for the
petitioners. xxxx said that the Chinese appear to now use a
new, more relativist approach to human rights, refusing to
accept the universality concept. Despite this, xxxx agreed
with the U.S. delegation comment that human rights defenders
in China feel it is useful to have interactions with the
diplomatic community.

-------------------- 
ANY OTHER OPTIONS? 
--------------------

8. (C)
Meanwhile, European Commission xxxx argued that pressing the
Chinese on political rights is a "dead end." According to
xxxx, there are subjects on which China can be engaged, but
they are in realms that diplomats traditionally lack technical
expertise, such as migration, health, and conflict resolution
within companies. Canada offered environmental issues as one
subject on which cooperation with the China may be possible.
The Dutch, however, disagreed, stating that not pushing China
in multilateral fora to accept the universality of human
rights would undermine everyone´s efforts. The challenge, said
the U.S. delegation, is to identify internal debates in
Chinese society and government over reform, and then to
determine how best to support the reform under consideration.
Labor law is one area where continued progress is possible.
The Swedes agreed and offered violence against women and
anti-discrimination as two other possible avenues for
cooperation.

--------------------- 
FREEDOM OF RELIGION 
---------------------

9. (C)
Finally, HRE participants discussed freedom of religion in
China as this session´s theme. The Dutch provided a historical
perspective on the situation, saying that in China, religion
is not viewed as an intrinsic right, but rather as a tool of
society. During a recent conference, the Dutch continued, the
Chinese appeared very interested in religion´s role in
providing welfare. The U.S. agreed, and said that the U.S.
plans on discussing faith-based aid during the upcoming human
rights dialogue and working group on religion. The U.S. will
invite the Chinese to look at our system to demonstrate how
including religious groups in our infrastructure promotes
stability. Participants also expressed concern about the
situation in Tibet and Xinjiang, including recent executions
and the continued persecution of the Falun Gong.

BRUSSELS 00001656 003.2 OF 003

10. (C)
Canada will host the next HRE sometime toward the end of May
and Germany offered to host during the second half of 2010.

11. (U) DRL cleared this cable.

KENNARD
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