Date: Mon, 16 Jun 1997 12:20:37 -0600
To: uighur-l@taklamakan.org
The following EP resolution on a long term policy for China-Europe relations
has just been adopted in Strasburg. Articles 38 and 41 are related to Eastern
Turkistan.
--Rakhim Aitbayev
----------------------------
EP/China: Mc Millan-Scott report
China-Europe relations
A4-0198/97
Resolution on the Commission communication on a long term policy for
China-Europe relations (COM(95)0279 - C4-0288/95)
The European Parliament,
- having regard to the Commission communication, COM(95)0279 - C4-0288/95,
- having regard to the Council Conclusions on this communication approved
on 4 December 1995,
- having regard to the opinion of the Economic and Social Committee,
- having regard to the discussions between its Delegation for relations
with the People's Republic of China and the Delegation of the National
People's Congress,
- having regard to its previous resolutions on China, Tibet, East Turkestan
(Xinjiang), Taiwan, Hong Kong and Macao,
- having regard to its resolutions of 13 November 1996 on the World Trade
Organization(WTO), 14 June 1995 on the communication from the Commission
Towards a new Asia Strategy, 9 February 1994 on relations between the
European Union and the People's Republic of China, 28 May 1993 on the
inclusion of China and Taiwan in the General Agreement on Tariffs and Trade
(GATT), and on GATT Membership for Taiwan,
- having regard to the report of the Committee on Foreign Affairs, Security
and Defence Policy and the opinion of the Committee on External Economic
Relations (A4-0198/97),
A. whereas it is important for both the EU and China to have a cooperative
rather than a confrontational relationship, developing mutual economic
interests and encouraging China's fuller participation in dialogue based
upon the principle of 'not just business as usual, but also politics as
usual',
B. whereas the effects of developments in China over the long term either
on its population of 1.2 billion, the EU or the world as a whole are
unpredictable,
C. whereas the relationship with China must be based on the objectives of
the common foreign and security policy as laid down in the Treaty on
European Union, which include the development and consolidation of
democracy and the rule of law, and respect for human rights and fundamental
freedoms,
D. whereas this can in no way be interpreted as an act of interference in
Chinese domestic affairs but rather as a positive action in support of
universal values on which common international institutions have been
founded,
E. whereas practically all government critics in China have been detained
or jailed; whereas the human rights situation in general has shown no signs
of improvement over the past years,
F. whereas the EU signed a five-year trade and cooperation agreement with
the People's Republic of China in 1985 which has been tacitly renewed from
year to year since 1990; whereas an arms embargo, still in force, and
diplomatic isolation followed the brutal suppression of the democracy
movement in 1989,
G. noting the rapid rise in EU/China trade and also the limitations caused
by China's fragmented internal trade, regional inequality, protectionism,
arbitrary tolls and transit fees and poor communications infrastructure,
H. noting the results of the questionnaire of members of the Europe China
Business Association 'Trading and Investing in China - China and the World
Trade Organization' and its statement that 'China still has a long way to
go to adopt commonly accepted practices of international trade, to open its
markets, to allow foreign companies to operate freely and to create
networks of distribution',
I. having regard to the experience of the European Union in creating a
single market of 370 million people based on the harmonization of primarily
commercial laws and standards, resulting in economic growth, its experience
in assisting the adaptation to these standards of the former command
economies of Central and Eastern Europe and the ex-Soviet Union, as well as
the current development of a free trade area embracing 12 Mediterranean
countries, resulting in an integrated market of some 700 million people,
J. whereas, because of the size of China, the manner in which China's
economy develops will have a decisive impact not only on the environment in
China itself but on the environment in the whole world and, hence, also in
Europe; whereas if China were to reach Western levels of consumption and
pollution this would require a more equitable sharing of the global
environmental space which would give China more and the West, including the
EU, less room for exploitation and pollution than today,
K. noting the political and economic guidelines which have, since 1978,
transformed the internal and external position of China,
L. whereas China's impressive economic growth in recent years is creating a
need for gradual political and institutional reform regulating in a more
democratic way the fundamental rights and duties of both citizens and the
machinery of government,
M. noting the reliance of China's rulers on the People's Liberation Army
(PLA) in maintaining the political status quo; nevertheless recognizing
that, through its pervasive financial, commercial and industrial
operations, unique to China's 'socialist market economy', the PLA has also
become an agent and beneficiary of economic transition; noting also that
the PLA will, owing to its concentration of power, impede the transition to
a market economy and democracy until it relinquishes that role,
N.noting with disquiet the increases in Chinese defence spending, with the
establishment of a blue-water navy and the modernization of its nuclear
forces, increases which have encouraged higher defence spending throughout
the region and increased risks of conflict,
O. noting that in 1996 the Criminal Procedure Law and the Administrative
Punishment Law were revised; noting however that these laws fall short of
international fair trial standards and are partly countered by other laws
promulgated since the late 1980s, including the Martial Law adopted in
1996, which criminalize a broad range of activities seen as a threat to the
established political, economic and social order,
P. whereas widespread illegal practices by law enforcers, the lack of
independence of the judiciary and the arbitrary application of law cause
numerous human rights violations and although efforts are apparently being
made to curb some of these practices, there is still serious cause for
concern about the human rights situation in China,
Q. whereas, as a result of remaining legislation which conflicts with
international standards and of the inadequate implementation of modernized
laws, there are still serious and systematic human rights violations in
China, with increasing and large-scale use of the death penalty even for
minor crimes and with a large number of people detained for the peaceful
expression of political or religious views, many in labour camps producing
goods which may be exported to the EU, violating the provisions of the
Generalized System of Preferences,
R. having regard to the continuing repression of ethnic and religious
groups, and in particular the Tibetan, Uighur and Mongolian peoples, and
the increasing colonization of their territories;
S. deploring strongly the fact that, contrary to the wish expressed in
Parliament's resolution of 20 February 1997 on the 53rd session of the UN
Commission on Human Rights, the Council and Commission were unable to
defend a joint position on the issue of serious human rights violations in
China at the meeting of the UN Human Rights Commission in Geneva,
T. having regard to the award of its Sakharov Prize for freedom of
expression for 1996 to Wei Jingsheng,
U. convinced that human rights tend to be better understood and better
protected in societies open to the free flow of trade, investment, people
and ideas,
V. whereas the Sino-British Joint Declaration of 1984 states that "the
provisions of the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights as
applied to Hong Kong shall remain in force", with Article 39 of the Basic
Law adding that they "shall be implemented through the laws of the Hong
Kong Special Administrative Region",
W. whereas the application of the same international covenants to Macao was
negotiated andagreed in a Memorandum of Understanding in October 1992
between Portugal and China, which voiced no reservations whatsoever;
whereas Article 40 of the Basic Law states that the provisions in question
shall be implemented through the laws of the Macao Special Administrative
Region,
X. whereas the trade and cooperation agreement between Macao and the EC
contains a clause under which democratic principles and human rights are
regarded as a prerequisite for cooperation,
I. Cooperation
1. Welcomes the Commission's communication; endorses its strategy and
programme of activities in China including antipoverty, the welfare of
children, environmental and agricultural reform, business and cultural
links and most particularly the development of civil society, democracy and
the rule of law, and calls for the necessary financial and human resources
to make them fully effective;
2. Recognizes the importance of promoting the People's Republic of China's
full involvement in the system of international political, economic and
commercial relations and calls for consideration to be given to holding
regular summit meetings between the EU and China;
3. Invites the National People's Congress to join in a reconciliation based
on the recognition of historic misunderstandings and to move forward to an
agenda of shared experience for the fulfilment of the hopes and needs of
the people of China and Europe;
4. Is convinced that better mutual understanding between Europe and the
People's Republic of China also depends on closer interparliamentary
relations; to this end, invites the National People's Congress and its
interparliamentary delegation to step up its contacts and meetings in order
to promote dialogue and exchanges of views;
5. Calls on the Council and Commission to enter into direct negotiations
with the authorities of the People's Republic of China as soon as possible
with a view to signature of a framework economic and trade cooperation
agreement at a level that reflects the potential of relations between the
European Union and the People's Republic of China; draws attention to the
fact that in its external economic and trade relations the Union also
attaches importance to human rights and the relevant human rights clause,
which must include the possibility of suspending the agreement in the event
of serious, widespread and persistent human rights violations;
6. Confirms its wish to see China as a full member of the World Trade
Organization, on the basis of the conditions already set down;
7. Calls on the Commission and the Council Presidency, under Article J7 of
the TEU, given the importance of China as a partner, to provide a
six-monthly assessment of discussions with China following the human rights
dialogue, of the state of mutual trade and China's compliance with
international instruments, including steps towards WTO and OECD membership;
8. Insists on the need for the EU and its Member States to closely
coordinate both their political and economic policies on China, in
particular in the United Nations and other international organizations;
underlines moreover the need to coordinate EU policy with the United States
and Japan;
9. Considers that the role of non-governmental organizations should be
developed to complement and support EU and other projects in China, and
asks China to legislate on their right of establishment and allow the
expansion of their efforts in the country;10.Calls for the application on a
wide scale of EU expertise in remedying environmental degradation resulting
from industrial expansion and its consequent pollution, and calls for
China's full support for international environmental initiatives;
11. Calls on the Commission and Member States to develop special programmes
for environmental cooperation in order to shape the process of economic,
and especially industrial, development in such a way that the environment -
air, water and soil - is polluted to the minimum; in so doing, account
should also be taken of special financial conditions (liabilities and
guarantees) for environmental investments, such as the transfer of know-how
and the development of environmentally-friendly model factories in sympathy
with the local economy;
12. Considers that the EU should continue and expand its programmes of
human resources development in China, including action in the field of
legal cooperation such as the training of lawyers and judges and work in
the field of trade and commercial law, and intensify its programme of
educational and cultural exchanges;
13. Asks the Commission to establish training schemes for professional
qualifications in areas where European standards provide a model of global
validity, such as compliance with environmental norms, information
technology, accountancy, law, insurance, banking and securities market
skills;
14. Requests the Commission and the Member States to support the
establishment in Beijing of an office representing the commercial interests
of the EU, and urges the development of a code of conduct, covering
economic and social aspects, for EU companies doing business in China;
15. Calls on the Commission to offer its expertise, together with that of
the Member States and their relevant professional, commercial and labour
organizations, in a task force to assist in the development of China's
internal market, according to the principle of sustainable development;
16. Notes that the EU-supported China Europe International Business School
in Shanghai has proved to be a highly successful venture which is
strengthening business links between the EU and China;
17. Invites the National People's Congress gradually to undertake a
programme of legislative reform compatible with the development of a market
economy comprising the freedom of movement within China of people, capital,
goods and services, and providing specific guarantees for the rights and
activities of foreign investors;
18. Endorses the principle of 'one country, two systems'; but urges China
nevertheless to accept the stimulus which should be provided by Hong Kong's
model of free trade and the rule of law;
19. Urges the introduction of constitutional democracy in China on the
basis of universal principles including the rule of law, freedom of
opinion, freedom of association, respect for and protection of privacy,
integrity of the person, the right to a fair trial, the right to own,
fructify and dispose of property of all kinds and the extension of full
private property rights to agricultural holdings to ensure optimum
investment and efficiency;
II. International issues
20. Is convinced of the need for the EU to take full advantage of its
opportunities for fruitful dialogue with China, as in the ASEAN Regional
Forum and ASEM (the Asia-Europe Meeting);
21. Welcomes China's adhesion to the Nuclear Non-Proliferation Treaty, the
Comprehensive Test Ban Treaty and the Convention on Chemical Weapons;
22. Deplores the role played by China in the development of nuclear arms in
Pakistan, and in other territories, and in the supply of chemical weapons
and missiles to Iran ;
23. Calls on China to cease its political, military and economic support
for the Burmese military junta;
24. Welcomes the agreements between China and its neighbours regarding
frontier disputes but notes with disquiet that the 'Strategic Alliance'
with Russia may lead to unprecedented arms sales to China;
25. Sees no justification for the lifting of the EU arms embargo imposed on
China in 1989 and calls on the Council to ascertain from Member States the
extent to which it is being respected, and report thereon to the
Parliament;
26. Calls on China to adopt a total ban on anti-personnel mines, and to
take part in the Ottawa process aimed at speedily concluding an
international treaty on this issue;
27. Welcomes the constructive role played by China in finding agreement on
North Korea's nuclear programme and urges China, the United States, South
Korea and North Korea to achieve a formal peace agreement; asks China to
increase its pressure on North Korea to ensure that it undertakes political
and economic reforms at a very early date since they alone can save it from
the spiral of destitution in which it currently finds itself;
28. Calls on China, as a member of the UN Security Council, to have
recourse to the mechanisms of the UN to resolve regional territorial and
sovereignty questions;
III. Human rights
29. Welcomes the revision of certain laws, such as the Criminal Procedure
Law and the Administrative Punishment Law, but considers them insufficient
to establish full respect for human rights in China;
30. Calls on China to sign and ratify without reservations the
International Covenant on Civil and Political Rights, and its two optional
protocols, and the International Covenant on Economic, Social and Cultural
Rights, and welcomes its stated intention to sign the latter;
31. Calls on China to abolish the death penalty, and to that end asks it to
proclaim forthwith a moratorium on executions;
32. Considers that the twice-yearly human rights EU-China dialogue,
established in 1995, should be maintained; requests that the Commission
inform Parliament before each meeting of the issues to be discussed and
afterwards on the outcome;
33.Calls on the Chinese Government to release all those imprisoned or
otherwise detained for the peaceful expression of cultural, political or
religious views;
34. Calls on the Chinese Government to allow Wei Jingsheng, the winner of
the Sakharov Prize, to be received by the European Parliament;
35. Calls on the National People's Congress to repeal its laws that are
incompatible with the development of a genuine state governed by the rule
of law that respects individual rights, and urges it to reform new
provisions on 'endangering state security' to bring them into conformity
with international standards, as well as to repeal laws on state security
and state secrets, and to ensure protection against arbitrary detention,
unfair trial and torture;
36. Calls on the Chinese Government to set up an independent review
commission to assess the cases of some 2,700 persons convicted under the
laws on 'counterrevolution', now repealed;
37. Calls on China to follow international practice in allowing
humanitarian organizations regular and confidential access to those held in
prisons, detention centres and labour camps and to guarantee adequate
medical care for all detainees;
38. Calls on China to expand cooperation with international human rights
mechanisms, especially the UN special rapporteurs, and to allow regular
access to Tibet, East Turkestan (Xinjiang) and Inner Mongolia by foreign
observers;
39. Condemns China's occupation of Tibet and calls on the Chinese
Government to accept the Dalai Lama's proposal which, without raising
independence as a preliminary issue, calls for the resumption of
negotiations on the basis of recognition of the cultural and religious
autonomy of the Tibetan people and its right to self-government;
40. Welcomes the open invitation given to members of European Parliament by
representatives of the National People's Congress to visit Tibet and "see
for themselves";
41. Calls on the authorities of the People's Republic of China to open a
political dialogue with all interested parties which will enable the
conditions to be created for a peaceful resolution of the problems in East
Turkestan (Xinjiang) and Inner Mongolia;
42. Calls for an improvement of China's labour standards with a phased
achievement of international norms, partly in consultation with independent
trade unions to be established, possibly linked to membership of the OECD,
and, in particular, for EU and other non-Chinese partners in joint ventures
to fulfil the international standards for working conditions;
43. Calls on the Commission to open investigations into forced labour and
prison labour in China, pursuant to Articles 9, 10 and 11 of Council
Regulations on the Generalized System of Preferences, No 3281/94 and
1256/96;
44. Condemns the reaction to the sponsors of a resolution in the UN Human
Rights sub-committee in 1997 critical of Chinas record and asks other
Member states to show solidarity with Denmark, Ireland and the Netherlands,
which have been threatened with sanctions by the Chinese Government;
IV. Hong Kong, Macao and Taiwan
45. Considers that the future of Hong Kong and Macao and the maintenance of
their political, social and economic freedom is a matter of determining
importance for the EU, having regard to the Sino-British Declaration of
1984 and the Sino-Portuguese Declaration of 1987;
46. Recalls the undertaking given in the Sino-British Declaration that "the
Hong Kong Special Administrative Region will enjoy a high degree of
autonomy, except in foreign and defence affairs" for a period of 50 years;
47. Notes that Article 14 of the Basic Law of the Hong Kong Special
Administrative Region states that "military forces stationed by the Central
People's Government in the Hong Kong Special Administrative Region for
defence shall not interfere in the local affairs of the Region";48.Notes
that, under Article 14 of the Basic Law of Macao, the central government is
responsible for defence, which does not entail the stationing of troops, as
the Government of the Macao Special Administrative Region is responsible
for maintaining law and order;
49. Welcomes the Chinese Government's undertaking not to seek to introduce
the death penalty in Hong Kong or Macao;
50. Insists on the full implementation of bilateral agreements on Hong Kong
and Macao;
51. Condemns the Chinese Government's decision to dissolve Hong Kong's
elected Legislative Council, and repudiates the legitimacy of the
Provisional Legislative Council;
52. Notes the assurance given by the Chinese minister responsible for Hong
Kong and Macao, Lu Ping, in the European Parliament, that there will be
free, multi-party elections in Hong Kong during the first part of 1998 with
no restrictions on the participation of any political party;
53. Highlights the provision in the Macao Basic Law for the Legislative
Assembly, which has been elected by majority voting by direct and indirect
suffrage since 1976, to remain in office as the first assembly after the
transfer of sovereignty, and notes the undertakings given by the Chinese
authorities in this connection;
54. Regrets the decision of the Standing Committee of the National People's
Congress to introduce laws restricting freedom of assembly and limiting
political freedoms and to repeal parts of the Hong Kong Bill of Rights
Ordinance 1991, in contravention of the Basic Law;
55. Voices serious concern at the anti-democratic nature of China's
legislation on security and at the provision banning political associations
and organizations from having international links which, under Article 23
of its Basic Law, the Macao Special Administrative Region must draw up
following the transfer of sovereignty;
56. Resolves to monitor closely the situation in Hong Kong and Macao, given
the international importance involved, after the handovers, and in
particular the following points:
- independence of the judiciary,
- rapid progress to elect the first Legislative Council of the Hong Kong
Special Administrative Region,
- continuation of the elected Legislative Assembly of Macao and the
reinforcement of its democratic character,
- continuation of the practice of making regular and timely reports under
the International Covenant on Civil and Political Rights and under the
International Covenant for Economic, Social and Cultural Rights to the
relevant UN bodies,
- preservation of and compliance with the current rules on freedom of
speech, freedom of the press, the right of assembly, the right to
demonstrate and freedom for political parties and associations to operate
internally and externally,
- guaranteed freedom of action for humanitarian and human rights
organizations,
- a ban on the death penalty and on extradition to countries which impose
the death penalty or life imprisonment,
- no discrimination among residents on grounds of nationality, ethnic
origin, language or any other factor,
- continuation of an independent civil service appointed on merit,
- completion of the process of enshrining in local Macao law the Portuguese
legal system and the international conventions and regulations in force in
the Territory, and its translation into Chinese,
- independence of the Macao judicial system and training and completion of
a local staff of judges, public prosecutors and civil servants with a
knowledge of Chinese and Portuguese;
57. Calls on the Commission to produce an annual report covering political
and economic developments in Hong Kong and Macao, and welcomes its
Declaration on Hong Kong of April 1997;
58. Resolves to liaise closely with the United States Congress, further to
the 1992 US Hong Kong Act, and urges the Commission to coordinate its
external trade policy with the US Administration in the light of
developments in Hong Kong;
59. Calls on Member States to admit with the right of permanent residence
those at risk from political discrimination in Hong Kong;
60. Notes the commitment of Beijing and Taipei to eventual reunification
but also declares that pressing this at present would lead to conflict;
61. Urges China to develop peaceful relations with the 22 million
inhabitants of Taiwan so as to promote stability in the region and calls on
it to give a public undertaking that it will not under any circumstances
resort to force in its disputes with Taiwan;
62. Calls on the Council to exert pressure on the People's Republic of
China so that it acknowledges Taiwan's need to achieve better
representation within international organizations in the fields of human
and labour rights, economic affairs, the environment and development
cooperation;
63. Requests the Commission to open an information office in Taipei in line
with Parliament's resolution;
64. Instructs its President to forward this resolution to the Council, the
Commission, the governments of the Member States, the Government of the
People's Republic of China and the Chinese National People's Congress.
--- End of forwarded mail from O.Dupuis@agora.stm.it (Olivier Dupuis)
