US embassy cable - 04THEHAGUE2611

C O N F I D E N T I A L SECTION 01 OF 02 THE HAGUE 002611 
 
SIPDIS 
 
E.O. 12958: DECL: 08/01/2014 
TAGS: PHUM, PGOV, CH, NL, PINR, UNAUS 
SUBJECT: NETHERLANDS/HUMAN RIGHTS/CHINA: "DIALOGUE" OF THE 
DEAF 
 
 
Classified By: Political Counselor Andrew Schofer for reasons 1.4 (b) a 
nd (d). 
 
1. (U)  Please see guidance request in para 10.  Bionote, 
para. 11. 
 
2. (C)  Summary:  Dutch MFA contacts characterized the 
recently concluded round of the EU Human Rights Dialogue with 
China as a "dialogue of the deaf," but were certain it would 
continue.  Chinese "dialogue fatigue" may have contributed to 
the disappointing results.  The Chinese MFA has created a new 
Special Representative for Human Rights to handle HR 
Dialogues in the future.  The EU sees positive long-term 
trends in socio-economic areas, but predicts that reforms of 
fundamental human rights will not be possible as long as 
these are seen as challenge the state; in effect, the Chinese 
elite have created a "glass ceiling" to protect their 
positions against such reforms.  End Summary. 
 
3. (C)  Sandra Pellegrom (MFA HR office) and Gerrie Willems 
(MFA China Desk) briefed POLOFFS October 8 on the EU's recent 
trip to China and the status of the HR dialogues with China 
in general.  Pellegrom was on the trip to Tibet and Beijing. 
While they confirmed that the dialogue had been generally 
disappointing (refs), Pellegrom and Willems predicted 
confidently EU foreign ministers would conclude at the 
October 11 GAERC that the dialogue remained useful and should 
continue.  They pointed out that the dialogue offers a 
channel to hear one another's views and to share information 
on law reform and other issues. The EU wants to encourage 
ongoing progress in the fields of torture, death penalty, 
reform of the education through labor system, freedom of 
movement, and broad economic reforms, they noted, adding that 
broad legal reforms, and growing sensitivity to legal rights 
are  especially welcome developments.  Looking ahead, 
however, Pellegrom and Willems predicted that the development 
of Chinese human rights will soon hit a "glass ceiling," as 
individuals try to move beyond socio-economic, legal, and 
judiciary reforms to challenge state authority in the area of 
"fundamental freedoms."  The fact that the Chinese elite will 
not tolerate such challenges will continue to create problems 
for EU-Chinese relations, they said. 
 
NEGOTIATING WITH THE CHINESE 
 
4. (C)  Pellegrom observed that one had to be on one's guard 
with Chinese statements concerning human rights, which were 
always technically truthful but "which skirted the edges of 
the truth."  She explained that Chinese precision could 
easily mislead a casual listener by masking underlying 
problems.  For example, the Chinese averred that Chinese 
people enjoy freedom of expression on the internet, "within 
the limits of the law."  Although Chinese laws offend the 
spirit of human rights, Pellegrom said, Chinese interlocutors 
insisted that they were no different than European 
restrictions on pornographic internet sites. 
 
5. (C)  Pellegrom and Willems noted that, in a break from 
prior dialogues, the Dutch agenda led with a discussion of 
fundamental freedoms rather than easing into it gently.  The 
result was a "dialogue of the deaf," with the Chinese 
"completely scripted and up against a concrete wall."  When 
EU del head Amb. Piet de Klerk, for example, named names 
under various categories of political prisoners (there are 72 
on the EU list), a Chinese MFA rep passed him a note asking 
him to desist.  According to the Dutch, the Chinese MFA said 
the candid discussion was embarrassing them in front of 
representatives from other ministries. 
 
SPECIFIC ISSUES 
 
6. (C)  Death Penalty/Torture:  Pellegrom said that the 
situation seems to be improving, as demonstrated by new 
limits on the range of cases subject to the death penalty. 
The fact that the Chinese refuse to release any statistics, 
however, forces the EU to rely on press and NGO reports and 
therefore it cannot make a definite evaluation.  With regard 
to torture, the Dutch said that the Chinese realize they 
"have a problem" with the EU. 
 
7.(C)  International Covenant for Civil and Political Rights 
(ICCPR):  According to the Dutch, China continues to work 
hard (albeit behind the scenes and away from scrutiny) to get 
implementing legislation in place before ratifying the 
Covenant, something the EU continually presses them to do. 
The Re-education through Labor program continues to make this 
difficult, however, because there is no way the Chinese can 
justify arbitrary detention under the ICCPR.  Less troubling 
for the Chinese in the run up to ratifying the ICCPR are 
freedom of expression and religious freedom -- not because 
the Chinese plan to relax restrictions, but because they 
justify oppression by pointing to "legitimate laws" already 
on the books. The Dutch noted that implementation "in the 
spirit of the ICCPR" is important not only to the ICCPR but 
also to the EU and made clear they will continue pressing 
China on it. 
 
8. (C) Cooperation with UN mechanisms:  In this area, the 
Dutch reported that the Chinese were more open than in the 
past.  Specifically, the presence or pending arrival of 
various UN HR visitors was a welcome development. 
 
DIALOGUE FATIGUE AND NEW SPECIAL REP FOR HR IN CHINA 
 
9. (C)  The Dutch reported that the Chinese side seemed tired 
- both physically and psychologically "tired of dialogues" in 
general.  The Dutch surmised that the Chinese may have 
"dialogue fatigue" from meeting the EU presidency twice a 
year in addition to separate sessions with Germany, Hungary, 
the UK, Norway and Switzerland.  (Note: A Japanese Embassy 
colleague also at the briefing said the last Japan/China HR 
dialogue was in 2000.  End Note.)  The Chinese announced to 
the EU delegation that the MFA had created a new position of 
"Special Representative for Human Rights" who will handle all 
HR dialogues from now on, but provided no details about the 
new office. 
 
10.  (C)  Action Requests:  The Dutch asked for information 
on the status of the USG dialogue with China and at what 
level they meet with us.  Regarding the new Chinese "Special 
Representative for Human Rights, the Dutch asked if we had 
heard of this development and if we knew at what level of 
seniority the new office would operate. 
 
11.   (C)  BIO NOTE:  Shang Jun - The Dutch reported that his 
normal harsh jokes and direct manner could not hide the fact 
he was tired; they mentioned he has heart trouble. 
SOBEL