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
- President of the FIDH
Sharom HOM
- Executive Director of HRIC