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Shi Tao
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Illegally providing state secrets
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EU-China Human Rights Dialogue
Preliminary Assessment: February 2004
EU-China Human Rights Dialogue: 1996-2003, Summary
EU-China:  Benchmarks, Human Rights, Indicators
[Bilateral]
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Summary of EU-China Dialogues, 1996–2003
[First printed as Appendix 1 of "Preliminary Assessment of the EU/China Human Rights Dialogue" in China Rights Forum, No.2 2004]

Date Progress Noted by Council Ongoing Human Rights violations Noted by Council Action Taken/Urged
Jan. 1996

Dialogue initiated

 
1997 Dialogue interrupted by China after ten member states tabled a resolution on the human rights situation in China at the 1997 CHR

 
Feb. 1998 Encouraging results  
Council agreed that neither the (EU) presidency nor member states should table or co-sponsor a CHR China resolution.
If the situation arose, the Council agreed that EU delegations should vote against a no-action motion.

Mar. 1999
The Council "welcomed China's developing cooperation with UN Human Rights mechanisms," notably:
The signing of the two UN Covenants, and
The visit of the UN High Commissioner for Human Rights.
The Council however noted with regret that positive steps towards growing integration into the UN human rights system have not been matched by corresponding improvements in the situation on the ground and expressed its concern with:
the December crackdown on peaceful political activists,
continuation of arrests and sentencing,
the use of the death penalty,
continued practice of administrative detention,
restrictions on religious freedom, and
lack of freedom of assembly, expression and association

The EU called on the Chinese Government:
"to redress these deficiencies,
early ratify and implement the UN Covenants and
to give adequate follow-up to the recommendations of the UN human rights bodies."
The Council confirmed its position concerning the EU's approach to China in the CHR.
Mar. 2000 "China has demonstrated willingness to discuss a number of sensitive issues of common concern in the framework of the dialogue."
The Council however regretted that the positive steps taken by China at the internationallevel are not only marking time but also have not been matched by tangible progress in the domestic human rights situation.

The EU expressed its deep concern with:
continuing and widespread restrictions on freedom of assembly, expression and association,
harsh sentences imposed on pro-democracy activists and severe measures against certain minority groups, particularly in Tibet and Xinjiang.
the number of arrests and harshness of sentences for Falungong practitioners, restrictions and punishment of members of the Christian Church and other religious groups,
the frequent use of the death penalty and, notwithstanding the recent reforms in the Chinese legal framework, the number of non-violent crimes, including those of an economic nature, still punishable with the death penalty, and
the retention of administrative detention camps where people may be detained without appropriate legal assistance and in most cases without a fair trial.

The Council encouraged China:
to ratify the UN Covenants as soon as possible,
to cooperate more closely withthe CHR Special Rapporteurs and Working Groups, as well as to sign the Memorandum of Understanding with the office of the High Commissioner on Human Rights.
Jan. 2001    
The Council adopted specific conclusions on the EU/China dialogue, in which it determined clearly the "specific areas in which the EU will be seeking progress through the dialogue process," what progress has been achieved since 1997 and which are the remaining areas of concern.
The Council, by making public what can be considered as benchmarks to assess the dialogue, "wishes to make its human rights policy towards China more transparent and to pave the way for an exchange of information on the subject with civil society (...)
The EU will evaluate the results of the dialogue at regular intervals, to determine how far its expectations have been met".

Mar. 2001
The Council welcomed ratification by China of the ICESCR,
expressed its concern at the declaration made regarding art. 8.1 of the Covenant, and
welcomed "China's stated intention to co- operate more closely with UN human rights mechanisms, namely through implementation of the MoU agreed with the UN High commissioner for HR and visits by the special rapporteurs and working groups".
The Council reiterated its concern at:
the lack of respect for freedoms of expression, religion and association,
the ongoing violations of human rights of pro-democracy activists, proponents of free trade unions and followers of the Falungong,
the frequent use of the death penalty
restrictions against un-official religious groups, and
the deprivation of religious and cultural rights in Tibet and Xinjiang.

The Council decided not to co-sponsor a resolution on HR in China at the CHR, but to vote in favor if the resolution was put to a vote.
Mar. 2002
The Council welcomed "certain progress in relation to:
establishing the rule of law,
democratic principles and human rights, including the economic and social reform process,
the steps taken towards a more open society, and
the continued efforts to develop the legal system."
Council also welcomed certain recent amendments to the trade union law.
The Council however expressed its concern with:
the lack of respect for freedoms of expression, religion and association,
the ongoing violations of human rights of pro-democracy activists, proponents of free trade unions and followers of the Falungong,
the widespread use of torture
the "strike hard" campaign, which has resulted in an extremely high number of death sentences and executions, qualifying this situation as "a grave setback,"
restrictions against unofficial churches and religious-groups, and
the deprivation of religious and cultural rights in Tibet and Xinjiang. The Council underlined that the fight against terrorism should be pursued with full respect for human rights and fundamental freedoms.

The Council urged China to ratify the ICCPR and to cooperate more closely with the UN human rights mechanisms.
The EU adopted the same stance as the previous year with regard to the CHR.
Mar. 2003
The Council "welcomed certain progress in relation to
the establishment of the rule of law,
democratic principles, including the economic and social reform process,
opening of the society, and
development of the legal system, including the submission to the NPC Standing Committee of a first-ever draft civil code and the strengthening of the legal training of judges"
The Council expressed its concern with:
the execution of Lobsang Dhondup (...) and Tenzin Deleg Rinpoche. It considered this execution as sending a wrong signal (...) and expressed disappointment at the failure of the Chinese authorities to keep the EU informed of developments in the above-mentioned two cases, and underlined the need for the HR dialogue with China to be based on genuine demonstration of mutual confidence."
The extensive use of the death penalty, often in violation of internationally agreed minimum standards,
the continuation of the "strike-hard" campaign,
the widespread use of torture and arbitrary detention,
repression of the freedom of expression, religion and association in China, and
the ongoing violations of the human rights of pro-democracy, labor and internet activists, proponents of free trade unions and followers of underground Christian churches and the Falungong.

The Council urged China:
to bring its legislation in line with the ICESCR, including art. 8.1(a), and
to ratify the ICCPR and the Optional Protocol to the CAT.
The Council also "underlined that the fight against terrorism should be pursued with full respect for HR and fundamental freedoms and should not be used as a pretext for repression of political dissent."
With regard to the CHR, the Council adopted the same stance as the previous years.












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