From: <a href="http://www.aftenposten.no/spesial/wikileaksdokumenter/article3960156.ece">Aftenposten</a><br>
Date: 26.07.2006

<pre>
C O N F I D E N T I A L SECTION 01 OF 03 BEIJING 015437
SIPDIS
SIPDIS
E.O. 12958: DECL: 07/26/2031 
TAGS: PGOV, PHUM, SOCI, CH 
SUBJECT: HUMAN RIGHTS: CHINA´S DIALOGUE PARTNERS HAVE MIXED 
VIEWS ON EXCHANGES
Classified By: Ambassador Clark T. Randt, Jr. Reasons 1.4 (b/d).

Summary
-------

1. (C)
Countries that conduct formal human rights dialogues with
China are disappointed that the exchanges rarely yield
immediate, tangible results, contacts at foreign embassies in
Beijing told us.  Nonetheless, most dialogue partners judged
that the exercise remains useful as a forum a) to express
human rights concerns to the Chinese and b) to push for
systemic change over the long term. Officials from Bern
Process missions here point to a 2005 report from Ottawa on
Canada´s dialogue with China as a useful assessment of the
current picture. Frustration with the Ministry of Foreign
Affairs´ role as a "goalkeeper" that fends off international
questions on human rights issues persists. China´s dialogue
partners said their exchanges are considerably better when
Government organs other than the MFA are involved. In
addition, some countries have tried to alter the nature of
their exchanges to add value. End Summary.

The Canadian Report 
-------------------
2. (C)
Poloff contacted human rights officers at Embassies from
several countries that maintain human rights dialogues with
China to gauge what results their dialogues are
yielding. (Note: Countries with human rights dialogues with
China include Australia, Canada, the European Union, Germany,
Hungary, Japan, Mexico, the Netherlands, Norway, Sweden,
Switzerland and the United Kingdom.) Many pointed to a report
commissioned by the Canadian Government and completed by
Canadian scholar Charles Burton as emblematic of their own
experiences at the table with the Chinese (poloff has an
electronic copy of the report that can be sent on the
unclassified system, contact xxxx). The report stated that the
bilateral human rights dialogue process is indispensable as it
allows a forum for Western governments to voice their concerns
about human rights violations in China. But worries persist
that the substantive effect of the dialogues is insufficient.
The report cites the following examples, among others:
-- the Chinese take up much time in the formal meetings reading scripts;
-- there is little connection between the dialogues 
and progress on human rights on the ground;
-- China´s MFA has downgraded the level of its head of delegation 
and has reduced staff in its Human Rights Division and
-- responses to the lists of cases of concern are not as complete as
Canada wants and degrees of responsiveness vary significantly year to year.

3. (C)
At the same time, foreign engagement with the Chinese on human
rights has paid some dividends, the report related, such as
development of legislation to address violence against women
and sexual harassment and improved procedures in police
conduct and prison management. But on important issues of
concern to Canada, such as those relating to religious
freedom, labor rights and rights of ethnic minorities,
progress has been scant.

Disappointing Results 
---------------------

4. (C)
Canada´s disappointment is shared by other Beijing
missions. Two years ago, the EU introduced benchmarks in the
dialogue context to measure progress on China´s human rights
record, said xxxx.  The benchmarks included, among other
criteria, ratification of the International Covenant on Civil
and Political Rights, cooperation in various UN mechanisms,
abolition of the practice of re-education through labor and
release of Tiananmen- era prisoners. But the introduction of
these benchmarks has not produced the immediate, measurable
results that the EU or its NGO community is looking for, xxxx
remarked.

5. (C)
The Netherlands views its recent human rights dialogues as
disappointing, said xxxx of the xxxx Embassy. She described
the last iteration, in December 2005, as "unfortunate," with
the Chinese side taking up much time complaining about UN
Rapporteur on Torture Manfred Nowak´s China trip
report. Against this backdrop, tangible results have been few
and far between, she said. Meanwhile, Canada´s report related
that each of its nine rounds of dialogue to date have included
the presentation of a list of "cases of concern" consisting of
names of people currently in prison or in re-education through
labor camps in China. The Chinese MFA has asked Canada to no
longer request information on these cases of concern. The MFA
argues that Canada´s urging the Chinese Government to
reconsider the incarceration of certain Chinese citizens is
inconsistent with the principle of the independence of the
judiciary.

Focus on Long-Term Change 
-------------------------

6. (C) 
Progress on human rights in China is due to sustained and
coordinated international pressure and the concerted efforts
of interested countries, xxxx of the Dutch Embassy
argued. Advances come in increments, she said, via focus on
institutional change. xxxx of the Norwegian Embassy separately
made a similar point, adding that her mission´s goal is to
achieve long-term, systemic and practical results, rather than
to be "high-flying."  This involves providing teaching
materials for prisoners, expanding contact between Norway and
China´s Ministries of Justice and so on. The role of the human
rights dialgues is to smooth the way for such contacts. Human
Rights officers at other missions all made remarks to a
similar effect.

Trying to Improve the Exchange 
------------------------------

7. (C)
With the exception of the downbeat Dutch, all the officers we
spoke with said their countries value the bilateral human
rigts dialogues and intend to continue the exchanges. (Note:
The Dutch gave no indication that they intend to cut off the
exchanges; they just expressed skepticism about their worth.)
The key now is to improve them and try to coax better
results. Canberra is looking for ways to keep its dialogue
with China from getting stale, said Australian xxxx. The
bilateral Agreement on Technical Cooperation is a net plus in
this regard, she said. The ATC involves USD 1.6 million in
programs (such as law enforcement training) that allow the
Australian Government to engage on human rights issues with
agencies other than the MFA. The funds constitute a drop in
the ocean, xxxx remarked, but the ATC allows the Australians
to discuss with the Chinese issues that were taboo 10 years
ago, such as prison conditions and torture.

Frustration with the MFA 
------------------------

8. (C)
Germany is trying to gradually expand the scope of its human
rights dialogue with China, said German xxxx. "We are taking a
long view and we hope to see change over time," she
said. Echoing the views of nearly every human rights officer
we spoke with, xxxx said the dialogues are most useful when
the MFA´s role is minimized. "The MFA is the goalkeeper and
they can´t change anything," xxxx complained. Rather, the
MFA´s role is only to fend off foreign questions about human
rights issues and promote a positive view of China
internationally.  Meetings with other ministries -- Justice,
Public Security -- in the context of the human rights dialogue
are much more useful. In a similar vein, Canada´s report notes
that while the MFA´s mandate in this exercise is to defuse
foreign unease with China´s human rights record, there is
interest among Chinese non-MFA participants in the dialogue in
seeing what aspects of Canada´s advanced experience can be of
benefit to China´s own development.

RANDT 
</pre>