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Paris
– New York, 29 October 2003
On 30 October, the sixth EU/China Summit will
take place in Beijing. This Summit provides an important occasion
for the European Union to engage China on the human rights situation
in the country.
As stated in the recent Commission's Policy
Paper on China, the EU/China Summits, taking place once a year,
should cover the whole breadth of the relationship. Since human
rights are and must be at the core of the relationship between
the EU and China, the FIDH and HRIC urge the European Union
to address the following issues which areof particular concern
to our organisations :
Freedom of expression, opinion, assembly and
association. Crackdowns against persons advocating peacefully
for democratic reforms continues to be widespread in China.
Attempts to set up independent political parties are not tolerated.
Members of such political parties, labour activists, cyber dissidents,
religious groups, and peaceful demonstrators protesting against
redevelopment projects have been regularly repressed during
the past months.
Cyber-dissidents. The crack-down on people
using the Internet as a forum to express their opinions and
criticise the Chinese government is still going on. Internet
activists are often tried for “incitement to subvert state
power”, or “revealing state secrets” while
they are only advocating greater democracy and reforms. Some
of the most recent victims of that repression are Liu Di (the
“stainless steel mouse”), Ouyang Yi, Yan Jun and
Li Zhi and Luo Yongzhong.
Religious freedom: FalunGong practitioners
and underground house church groups continue to be the target
of repression by the government, notably through arbitrary detention,
torture and inhuman treatments. Religious activists from e.g.
the underground house church movement or the South China Church
have been arrested under spurious charges such as “revealing
state secrets” and sentenced to prison.
The justice system. Arbitrary detentions, ill-treatments
in detention and criminal procedures in practice lacking the
fundamental guarantees of due process are common. The “re-education
through labour” policy allows for the detention of thousands
of individuals without any procedural protections due to its
classification as an administrative, rather than a criminal
procedure. The EU should call for the prompt implementation
of the recommendations made by the Working group on arbitrary
detention to abolish such detention facilities.
Torture. Torture remains systemic, widespread,
and potentially affects all individuals deprived of their liberty
despite the fact that China ratified the UN Convention Against
Torture in November 1988.
The Death Penalty. The death penalty is used
on a regular basis. The death penalty is available for at least
68 offenses, including minor and non-violent offenses. For the
year 2002, with the limited records available, Amnesty International
has recorded 1,921 death sentences and 1,060 executions, although
the true figures are believed to be much higher. The death penalty
occurs most of the time after unfair or summary trials lacking
any due process protections. According to our information, the
last execution has taken place a few days ago: Shaheer Ali (also
known as Xieraili, Wujimaimaiti Abasi or Ghojamamat Abbas),
leader of an organisation called “East Turkistan Islamic
Movement” (ETIM) in Xinjiang had been forcibly returned
to China from Nepal last year, in spite of his refugee status.
According to a report on the official Chinese website www.tianshannet.com.cn
on 21 October 2003, his sentence was confirmed on appeal by
the Xinjiang High People's Court and he was reportedly executed
recently. The EU should reiterate its call on the Chinese government
to adopt a moratorium on executions as a first step towards
the abolition of the death penalty as set forth in the EU Guidelines
on the death penalty.
Xinjiang and Tibet. In the framework of the
“anti-terrorism” campaign, repression continues
against the Muslim Uighur community of Xinjiang Uighur Autonomous
Region. In Tibet, the rights to freedom of thought, conscience
and religion as well as freedom of expression and association
are regularly violated.
Cooperation with UN mechanisms. The FIDH and
HRIC welcome the recent visit in China of the Special Rapporteur
on the right to Education. However, we consider urgent that
an agreement be reached on the visit of the SR on Torture and
that an invitation be issued to the SR on religious intolerance.
We note that China has invited the UN Working Group on arbitrary
detention but regret that reeducation through labour is still
widespread, contrary to key recommendations made by the Group
on the occasion of its previous visit. Visits by the UN mechanisms
are only a first step, which must necessarily be followed by
full implementation of their recommendations. No progress have
been realised with regard to the ratification of international
human rights instruments (notably the ICC Statute, the ICCPR
and the ILO conventions on forced labour and freedom of association).
The FIDH and HRIC hope that the EU will match
its actions with its principles and address its human rights
concerns on the occasion of the Summit of October 30. We urge
the EU to assess publicly progress on these issues before the
next session of the EU/China human rights dialogue, to take
place in December.
Sincerely yours
Sidiki KABA Sharom HOM
President of the FIDH Executive Director of HRIC |
