Memorandum submitted by Foreign and Commonwealth
Office (China)
V. UK/CHINA BILATERAL
DIALOGUES
65. The UK (together with its EU partners,
the US and other allies) is seeking to engage China in a series
of constructive, but nonetheless critical, dialogues over a range
of issues. These include human rights issues (including developments
in Tibet), environmental issues (including pollution, climate
change, biodiversity and endangered species), issues relating
to combating drugs, organised crime and corruption, security issues
(including arms control and non-proliferation), and other international
and regional issues of mutual concern.
Human Rights
Dialogue
66. The human rights situation in China
remains a matter of serious concern to HMG. Over the last two
years there has been a marked deterioration in the respect of
key civil and political rights including the freedoms of expression,
assembly, association, conscience and religion. The handing down
of excessive sentences to democracy activists, Falun Gong leaders,
Tibetan and other activists, including those from Xinjiang has
become a regular feature. There also remain serious concerns about
the right to fair treatment in the legal process, including the
right to a fair trial and freedom from arbitrary detention and
about the use of "Re-education through labour". There
is widespread abuse of the system of administrative detention,
through which the police hold thousands of individuals without
judicial assessment of the validity of the "crime" or
any right to challenge the detention. China continues to carry
out more judicial executions than all other countries combined.
The Chinese Communist Party also views free religions as a threat
to its authority and has set up "official" religions
to try and demonstrate that there is freedom of religious practice
in China. They have however continued to clamp down on any "unofficial"
religious activities.
67. Between 1990 and 1996, the UK joined
EU partners in addressing these issues and others by tabling resolutions
critical of China at the annual sessions of the UN Commission
on Human Rights in Geneva. The Chinese were successful in blocking
discussion through a procedural "no-action" motion,
every year except 1995 when the resolution was voted on but narrowly
defeated. Partly because of this consistent failure and the lack
of any tangible evidence that improvements in the respect for
human rights in China had been achieved as a result, EU unity
broke down in 1997. In that year, the UK and a number of other
European countries co-sponsored a resolution tabled by Denmark
in its national capacity. This was again defeated by a Chinese
"no-action" motion and the Chinese Government imposed
limited commercial sanctions on Denmark.
68. During the UK Presidency of the EU in
1998, the EU agreed to suspend the tabling of the resolution in
favour of embarking on a process of dialogue. In 1999 and 2000
the US tabled a resolution critical of China. The UK with other
EU partners did not co-sponsor the resolutions. This did not in
any way indicate approval of China's human rights record but was
intended to signal a preference for handling such matters through
a policy of dialogue. The Chinese for their part have made it
clear that they will withdraw from the dialogue if the EU or other
dialogue partners co-sponsor the resolution. This however has
not stopped us from being critical of China's record in public.
The EU Presidency, in a statement to the UN Commission on Human
Rights on 18 April, condemned the continuing restrictions on fundamental
freedoms, and the situations in Tibet and Xinjiang.
69. The policy of critical dialogue with
the Chinese is designed to enable us to voice our criticisms and
concerns directly to the Chinese government, and to seek common
ground where we can identify areas where we can work together
to produce real improvements in the observance of human rights,
through reform of the legal and judicial systems. We are also
seeking to engage China more fully in the international human
rights mechanisms.
70. The formal EU and UK bilateral dialogues
began in the latter part of 1997. These dialogues have opened
up human rights as an accepted area for discussion with the Chinese
authorities. This is an important step forward. Before the dialogue
process started, China had always maintained that human rights
were purely an internal matter and that other countries had no
locus to intervene. China has now become more open to participation
in international human rights mechanisms. It has signed, though
not yet ratified, the two major UN Covenants on human rights:
the International Covenant on Economic Social, and Cultural Rights
in 1997 and the International Covenant on Civil and Political
Rights in 1998. The UN High Commissioner for Human Rights, Mary
Robinson, visited China in 1998 and, more recently in March this
year. Disappointingly, however, agreement was not reached with
Mrs Robinson on a programme of technical co-operation with the
Office of the High Commissioner for Human Rights. China has, though,
allowed visits by the UN Working Group on Arbitrary Detention
and the UN Special Rapporteur on Religious Intolerance, including
visits to Tibet. A visit by the UN Special Rapporteur on Torture
is planned for later this year, though negotiations are currently
stalled on the terms of reference and the specific dates.
71. During the last UK/China bilateral dialogue
held in Beijing between 16-18 February this year China agreed
to receive representatives of the Foreign Secretary's Death Penalty
Panel to discuss approaches to the abolition of capital punishment
which the Chinese have told us they wish to work towards. The
Chinese authorities have also agreed that the All Party Parliamentary
Group on Tibet could visit Tibet. A commitment was also given
by the Chinese side to work constructively with the International
Committee of the Red Cross (ICRC) on a prison visiting programme.
Talks between the Chinese Government and ICRC representatives
have started but as yet no conclusion has been reached. Agreement
was also reached on establishing a joint working group to work
towards ratification of the two UN Covenants which China has signed
but not yet ratified.
72. The dialogue process allows us to raise
individual cases directly with the Chinese authorities. Both we
and the EU have submitted lists of cases of concern through the
dialogue. In addition British Ministers regularly use the opportunities
provided by high level visits to and from China to raise concerns
over human rights including individual cases with their Chinese
counterparts. During the Chinese State Visit in October 1999,
the Prime Minister discussed human rights concerns with Chinese
President Jiang Zemin, as did the Foreign Secretary with Chinese
Foreign Minister Tang Jiaxuan. We also make formal representations
about current concerns to the Chinese and public statements such
as that made by the EU Presidency on behalf of the EU at the UN
Human Rights Commission in Geneva.
73. The dialogue has helped to create a
climate which facilitates technical co-operation on human rights
issues between China and the UK. This involves not only Ministries
and Government institutions, but also increasingly the non-governmental
sector. China is one of the major beneficiaries of the FCO Human
Rights Project Fund. Projects which have been supported recently
include: human rights scholarships to Chinese academics and officials
working in the field of human rights; various projects on time
limits in criminal proceedings, sentencing procedures in the Chinese
courts, and the treatment of witnesses in the criminal process;
an internet based human rights consulting service and a children's
helpline; various seminars on criminal court proceedings and so
on. All these programmes and the others which we run on legal
co-operation (see paras 81 to 83 below) are specifically targeted
to support the process of change and to encourage greater respect
for human rights in Chinese institutions.
74. There have been modest improvements
in some civil rights in China including greater freedom of information
and individual speech for ordinary citizens and greater protection
of rights for the accused under the legal and judicial system.
There have also been improvements in economic and social rights
including higher standards of living, greater freedom of movement
and greater scope for individuals to have control over their own
lives.
75. There has, however, been relatively
little progress in the field of political rights. In particular,
1998 saw a clamp-down by the Chinese authorities against democracy
activists who were trying to register the "China Democracy
Party". This clamp-down continued in 1999 with extensive
arrests and heavy sentences designed to inhibit any attempts to
form alternative political parties.
76. In July 1999 the Chinese Government
banned the "Falun Gong"—a popular movement based
on certain physical and psychological doctrines—and declared
it "an evil cult". (This followed a peaceful demonstration
by 10,000 Falun adherents outside the government compound in Beijing
in April.) The government ban of the Falun Gong movement was followed
by a jailing of its leaders and the sentencing of many of its
followers to a "programme of re-education".
77. There has also been ongoing repression
of non-sanctioned religious groups including underground Church
Christian groups (often known as house churches). Severe restrictions
have been placed on the Catholic Church, and there has been frequent
repression of Buddhists in Tibet and Muslims in the Xinjiang Autonomous
Region.
78. These various developments have led
many commentators to suggest that the dialogue process has failed.
However, it was recognised from the outset that the dialogue process
could not realistically be expected to bring about early or dramatic
improvements in political rights in China. This will only come
about when there is a fundamental change in the political system.
Nevertheless the process of dialogue and co-operation are contributing
to positive change in China, including improvements in the legal
rights of ordinary Chinese citizens. Each round of the dialogue
sees greater openness and depth of discussion, even on issues
of considerable political sensitivity to the Chinese such as Tibet,
democratisation and political dissidence.
79. However, we would obviously like to
see more tangible progress from the dialogue in terms of real
improvements in respect for human rights on the ground. In the
EU Presidency statement to the UN Commission on Human Rights in
Geneva on 18 April, referred to earlier, EU members expressed
their deep concern at the continuing restrictions on basic freedoms
and stressed that it was fundamental that the dialogue process
should be translated into concrete actions towards the effective
and full realisation of the human rights of all persons under
Chinese jurisdiction.
80. At the suggestion of the UK, the General
Affairs Council on 20 March this year agreed that the EU's approach
to next year's resolution would take account of what results had
been achieved through the dialogue process.
Legal Co-operation
81. In 1999, China enshrined in its Constitution,
for the first time since the founding of the People's Republic,
the concept of the rule of law. The Chinese are keen to learn
more about the British legal system, and this is an area where
co-operation provides good opportunities to improve the lives
of ordinary Chinese people. As mentioned elsewhere in this Memorandum,
the Lord Chancellor visited China last year, and the Chinese Justice
Minister visited the UK in April this year.
82. There are two memoranda providing for
exchanges of information and personnel in the legal sphere: one
between the Lord Chancellor's Department and the Ministry of Justice
(September 1999) and one between the Attorney General and the
Chinese Supreme People's Procuratorate (November 1999). The Great
Britain China Centre does much work on legal and judicial reform,
and the UK/China Forum has a Legal sub-committee. Some of the
FCO-funded Chevening scholarships are awarded to lawyers. The
China Law Council (formally the Bar Council and Law Society Joint
Committee) has a remit to help Chinese lawyers to understand the
English legal system, and to facilitate closer contacts. The Council
administers Government-funded training programmes including the
Practical Training Scheme which enables Chinese lawyers to learn
English and to gain placements in solicitors' firms and barristers'
chambers. There is also a similar scheme to train Chinese judges
in this country, administered by the Great Britain China Centre.
83. A first "British Law Week"
was held in China to coincide with the Prime Minister's visit
in October 1998. It included a mock trial in the English High
Court. During the Lord Chancellor's visit to China in September
1999, this was followed up by a bilateral Seminar on Criminal
Court Procedure and a session of discussions on, for example,
sentencing, human rights and the independence of the judiciary.
Tibet
84. Successive British governments have
regarded Tibet as autonomous while recognising the special position
of the Chinese there. We have consistently informed the Chinese
government of our view that greater autonomy should be granted
to the Tibetans. We have also emphasised that the current political
difficulties in Tibet can best be resolved through dialogue between
the Chinese government and the Tibetan people, including the Dalai
Lama. We seek to encourage the Chinese authorities to enter into
a dialogue without preconditions and have noted that the Dalai
Lama has stated publicly that he does not seek independence, but
greater autonomy for Tibet. Central to our interest in Tibet is
our deep concern at evidence of human rights abuses.
85. Both the Prime Minister and the Foreign
Secretary have held private meetings with the Dalai Lama (in his
capacity as a spiritual leader) during his visits to the UK. These
contacts reflect our interest in the situation in Tibet. We draw
the attention of the Chinese government to our concerns both through
the bilateral human rights dialogue and through ministerial meetings.
The Foreign Secretary urged the re-opening of a dialogue between
the Chinese government and the Dalai Lama during his meeting with
Chinese Foreign Minister Tang Jiaxuan on 20 October 1999; the
Minister of State, Mr Battle, reiterated our views in his meeting
with Vice Foreign Minister Wang Yingfan on 9 November 1999.
86. We shall continue to raise concerns
over the human rights situation in Tibet both bilaterally and
in co-operation with EU partners. In particular we shall continue
to draw attention to cases of special concern, such as that of
Gedhun Choekyi Nyima, the child selected by the Dalai Lama as
the eleventh Panchen Lama (the second most important position
in Tibetan Buddhism) but not recognised by the Chinese authorities.
The child has not been seen in public for over five years. We
are pressing Chinese authorities to grant international access
to him, to substantiate their assurances that he is in good health
and leading a normal life. We shall continue to monitor developments
in Tibet closely.
Xinjiang
87. The Xinjiang Autonomous Region in North-west
China is home to over seven million Uighurs, who are Muslim and
speak a Turkic language. Despite substantial increases in the
ethnic Chinese population since 1949, the local ethnic groups
of whom the Uighurs are the largest community still predominate.
Agitation against Chinese rule in the Region, about which little
information reaches the outside world, is a source of worry to
the Chinese authorities.
88. We are concerned by reports of human
rights abuses in Xinjiang, and we have drawn these concerns to
the attention of the Chinese government, including reports of
infringements of religious freedom, arbitrary detention of ethnic
minority activists, and an increasing number of executions in
the region. In particular, the Foreign Secretary raised with Chinese
Foreign Minister Tang Jiaxuan during the Chinese State Visit in
October 1999 the case of the prominent Uighur businesswoman Rebiya
Kadeer, who had been charged with passing state intelligence abroad.
The allegations are reported to have been based on her having
sent newspaper clippings to her husband in the United States.
Mrs Kadeer was subsequently sentenced to eight years' imprisonment.
Her son, Ablikim Abdyrim, was sentenced to two years "re-education
through labour" on similar charges. Mr Battle raised Rebiya
Kadeer's case with visiting Chinese Vice Foreign Minister Yang
Jiechi in March this year.
Global Issues
Environmental Issues
89. China is facing a wide range of environmental
challenges including serious air pollution in some cities, water
pollution (exacerbated by water shortages in Northern China),
depletion of natural resources, and increasing damage caused by
natural disasters.
90. The UK is playing a prominent role to
help China to tackle these problems. There is an increasing number
of exchanges between government officials as well as experts and
NGOs. UK companies are active in promoting environmental technologies
in China, including in the water sector and in clean coal.
91. A Memorandum of Understanding on bilateral
co-operation on environmental issues was signed in 1998. DFID
supports the China Council for International Co-operation on Environment
and Development (CCICED), a body of international experts set
up by the Chinese Government to provide advice on environmental
issues. UK experts participate actively in CCICED and its working
groups.
92. China is also playing an increasingly
active role in international environmental issues. There are regular
discussions between UK and Chinese Ministers and officials on
issues such as climate change, biosafety, biodiversity and the
Convention on International Trade in Endangered Species (CITES).
The UK is supporting a number of co-operation projects related
to these areas, including feasibility studies for renewable energy
production through the Climate Change Challenge Fund; assistance
on biosafety legislation; wetlands management in Tibet, and support
for CITES enforcement in China (in particular in relation to the
endangered Tibetan Antelope).
Drugs
93. Under the Whitehall-wide assessment
of the overseas drugs threat to the UK, co-ordinated by the FCO,
China, Hong Kong and Taiwan are not judged as posing direct threats
to the UK. But China is now a major market for synthetic drugs
and heroin from Burma. China is taking measures to stem its growing
domestic drug abuse rates, including strengthening control of
precursor chemicals—of which China itself is a major producer.
In support of these measures, earlier this year the FCO funded
a Drugs Workshop for Chinese Customs and Police Officers, which
involved 10 days' training by HM Customs and Excise.
Organised Crime
94. Contacts between UK Law Enforcement
Agencies and their Chinese counterparts are improving, not least
due to recent bilateral co-operation over a number of kidnappings
in the UK of Chinese illegal immigrants by Chinese organised crime
gangs. This co-operation has proved highly successful and has
resulted in a number of convictions. Exchanges are taking place
between the National Criminal Intelligence Service and the National
Crime Squad and the Chinese Ministry of Public Security. A visit
to China by the Directors General of the National Criminal Intelligence
Service and of the National Crime Squad takes place in late May.
95. China participated in early meetings
of the Asia Pacific Group on money laundering (APG)—but
stopped attending when Taiwan was included in the Group. The UK
is proposing to co-fund, with the EU, an Asia-Europe Meeting (ASEM)
anti-money laundering initiative to develop sustainable institutional
capacity in the Asia region to tackle money laundering at a national,
international and global level.
Corruption
96. Combating corruption is a major priority
for the Chinese government. HMG plans to co-sponsor, with the
Chinese government, an anti-corruption initiative at the third
ASEM Summit in Seoul in October this year. The aim is to obtain
a broad commitment by ASEM leaders to co-operate in combating
corruption and to commission further work at expert level, drawing
on national case studies and exchange of best practice, to be
reviewed by ASEM Foreign Ministers in 2001.
Security Issues
Arms control and non-proliferation
97. China is the world's third largest nuclear
weapons state and plays a pivotal role in international negotiations
on arms control, non-proliferation and disarmament. We seek to
engage the Chinese in constructive discussions on all such issues,
and have had regular exchanges with them since 1996.
98. China is a party to the Nuclear Non-Proliferation
Treaty and has signed, but not yet ratified, the Comprehensive
Nuclear Test Ban Treaty. It is a member of the Zangger Committee
(which interprets the nuclear transfer obligations on states party
to the Non-Proliferation Treaty), but not of the Nuclear Suppliers
Group (which seeks to control the movement of nuclear material
and equipment).
99. China is a party to both the Chemical
Weapons Convention and to the Biological and Toxin Weapons Convention.
It is not, however, a member of the Australia Group—the
international export control regime related to chemical/biological
weapons—as it shares the view of Non Aligned Movement countries
that the Group is a western cartel restricting legitimate trade.
We continue to urge China to tighten its export controls in the
chemical/biological area.
100. HMG would like to see China join the
Missile Technology Control Regime (MTCR), which seeks to counter
the proliferation of missiles capable of delivering WMD (weapons
of mass destruction) warheads. China has so far declined invitations
to join, and its export controls are not yet necessarily consistent
with membership of the regime, although it describes them as similar.
Defence Relations
101. Defence relations form an important
part of the UK's overall strategy of improving contacts with China.
Although direct UK defence interests in China are limited, China's
increasing military power and the implications for regional security
mean that there are clear advantages in developing and maintaining
contact on defence matters, including at the highest levels.
102. Our defence policy towards China is
based on increasing contacts in a balanced, reciprocal and measured
fashion with the aim of exposing the Chinese to UK defence policy
and military thinking, and improving our understanding of Chinese
defence matters in order to promote confidence-building and dispel
mistrust. There has been a gradual increase in our defence contacts
with the Chinese, and there is the potential for further expansion
of the political-military dialogue, particularly in the area of
Peacekeeping, and a programme of senior military visits and ministerial
exchanges. Chinese Defence Minister Chi Haotian visited the UK
in January this year. The Secretary of State for Defence will
visit China in June.
103. HMG provides funding for one Chinese
student a year to attend the Royal College of Defence Studies
(RCDS). The MOD have also, for the first time this year, started
to fund a place for a Chinese student at the Joint Services Command
and Staff Course (JSCSC).
Defence Exports
104. The EU imposed an embargo on the export
of arms to China following the events of Tiananmen Square in June
1989. The embargo is not a full scope embargo and the UK's national
interpretation of it, as set out by Mr Fatchett in his reply to
Parliament on 3 June 1998 (Hansard Official Report Columns 26-29),
covers the following:
— lethal weapons such as machine guns,
large calibre weapons, bombs, torpedoes, rockets and missiles;
— specially designed components of
the above, and ammunition;
— military aircraft and helicopters,
vessels of war, armoured fighting vehicles and other such weapons
platforms;
— any equipment which is likely to
be used for internal repression.
105. We assess all licences to export arms
to China against our national interpretation of the EU Embargo,
the UK's national criteria on arms exports (announced by the Foreign
Secretary on 28 July 1997) and the EU Code of Conduct. We would
not approve any application where there was a clear risk that
the equipment would be used for internal repression or contribute
to regional instability.
106. Details of the exports of defence equipment
to China are published in the Government's Annual Report on Strategic
Export Controls. (The 1998 Report was published in October 1999.)
International and Regional Issues
107. As the UK and China are both Permanent
Members of the UN Security Council we frequently hold discussions
on a range of international issues, including the question of
the reform of the Security Council. We also conduct a number of
regional dialogues on Asia, Africa and the Middle East. China
and Britain are both full members of the Asia European Meeting
(ASEM) and participate in its activities. As indicated earlier,
we are currently developing an anti-corruption initiative with
the Chinese within the ASEM framework. We also work with the Chinese
on regional issues through the ASEAN Regional Forum (ARF). We
seek to engage the Chinese in discussions about Taiwan, emphasising
the need for a peaceful solution through dialogue. (Our policy
towards Taiwan is set out in a separate memorandum).
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