HUMAN RIGHTS: AMBASSADOR URGES CHINA TO TAKE

C O N F I D E N T I A L SECTION 01 OF 03 BEIJING 010603
SIPDIS
SIPDIS
E.O. 12958: DECL: 05/30/2031
TAGS: PHUM PREL CH
SUBJECT: HUMAN RIGHTS: AMBASSADOR URGES CHINA TO TAKE
ACTION
REF: A. STATE 85623 (NOTAL)

B. BEIJING 6855 (NOTAL)
BEIJING 00010603 001.2 OF 003

Classified By: Classified by Ambassador Clark T. Randt, Jr. Reasons
1.4 (b/d).

Summary
--------------


1. (C) The Ambassador used Ref A points to urge China
to renew cooperation on human rights issues in a May
30 meeting with MFA International Organizations
Director General Wu Hailong. DG Wu replied that China
is ready to conduct exchanges on human rights on the
basis of equality and mutual respect, but the United
States´ constant pressure regarding individual cases
amounts to interference in China´s internal affairs.
DG Wu added that the United States should consider
China´s overall progress on human rights issues and
recognize recent strides. Individual cases are being
dealt with in accordance with rule of law. Frequent
U.S. inquiries about these cases disrupt the judicial
process and "create trouble" for the Foreign Ministry.
The Ambassador responded that President Bush places a
strong emphasis on human rights and religious freedom.
The United States and China need to work together on
these matters. The Ambassador cautioned that recently
we have seen less rather than more cooperation, and
that, without movement, we risk having human rights
become a bigger problem in the bilateral relationship.
In this vein, we are focused on results and actions,
not just dialogue, the Ambassador added. He also
raised the case of LPR Wu Hao and China-Vatican
relations. DG Wu raised the Dalai Lama and recent
actions in the U.S. Congress that he termed "anti-
China." End Summary.

Ambassador Urges Progress
--------------


2. (C) The Ambassador opened by saying he was coming
in on instructions to deliver a tough demarche on
human rights. In addition to the points included in
Ref A, the Ambassador:
-- raised the case of U.S. Permanent Resident
filmmaker Wu Hao, noting that Wu disappeared February
22 and has been denied access to his family or a
lawyer for more than three months without criminal
charges, and
-- urged China to promptly reschedule the visit to
China of Archbishop Celli from the Vatican.

DG Wu´s Response
--------------


3. (C) DG Wu presented a lengthy response. He opened
by lauding the recent round of China´s human rights
dialogue with the European Union, adding that in line
with the spirit of those discussions, the best way to
handle human rights issues is on the basis of equality
and mutual respect. He said the United States should
recognize the improving human rights landscape in
China and take note that China is "making constant
progress." He cited the 11th Five Year Plan as
evidence that human rights gains are being enshrined
in law, specifying that the Plan includes measures,
such as alleviation of agricultural taxes and
arbitrary school fees, that relieve economic pressure
on the rural poor. In addition, reform of the
judicial system, specifically regarding administrative
proceedings, continues apace. DG Wu said human rights
education in primary and middle school constitutes
another bright spot.


4. (C) China is continuing its human rights dialogues
with many countries, DG Wu said. For example, in
June, two State Secretaries from Norway will come to
China to conduct rights talks. The Norwegian
officials will then travel to Tibet and Xinjiang. In
this context, DG Wu condensed China´s overall approach
to human rights into three points. The Chinese
Government 1) attaches great importance to human
rights issues, 2) is ready and willing to conduct
exchanges and cooperate on human rights issues on the
basis of equality and mutual respect and 3) wants to
avoid confrontation and prefers exploring cooperative
avenues to resolving differences on human rights.

Individual Cases a Headache for MFA
--------------


5. (C) Turning to individual cases, DG Wu said China
is a country ruled by laws and has an independent
judiciary. As such, the habit of some foreign
countries of frequently expressing concern and asking
China to take action on specific cases is not in line
with the principle of rule of law, DG Wu said. This
was a cause for complaint from his counterparts from
Chinese judicial and law enforcement agencies who had
accompanied him to the rights dialogue with the EU.
To some extent, the regular expression of U.S. concern
about individual cases disrupts the judicial process
in China and also causes trouble for the Foreign
Ministry, DG Wu related. For example, some of the
cases the United States asks for information on
involve people with complex ethnic names. Locating
such a person often takes extra time and effort. "So
on one side, I get complaints from the United States,
and on the other, I get complaints from other Chinese
government organs," DG Wu complained. In sum, China
hopes that the United States will respect the
independence of the Chinese judiciary. "We hope the
U.S. side will stop using individual cases to
interfere in China´s internal affairs," DG Wu said.

Vatican
--------------


6. DG Wu said China has previously agreed to a
"secret" visit from Archbishop Celli in the Second
Quarter of 2006. He said that recent events (note: he
was referring to the dispute over the ordination of
bishops in Mainland China without the Vatican´s
official sanction) have made such a visit not suitable
for the time being. Nonetheless, China remains
committed to improving relations with the Vatican, DG
Wu stated, blaming the Vatican for being unresponsive
to China´s efforts in this area. He recited the
prerequisites that Chinese officials have repeatedly
outlined for improving ties with the Holy See, namely
that the Vatican a) must sever ties with Taiwan and b)
commit to non-interference in China´s internal
affairs.

USG Sees Little Cooperation
--------------


7. (C) The Ambassador underscored that the U.S.
commitment to human rights goes beyond the State
Department or individual Non-Governmental
Organizations. President Bush himself attaches great
importance to these issues and never meets with
President Hu without raising them. The Ambassador
stressed that a key element of rule of law is
transparency. Accordingly, China´s lack of
responsiveness to our requests for information
concerning specific cases is incomprehensible. We can
appreciate the difficulty of finding information about
some cases, but the ones we raise are generally high-
profile and well-known. Some of the cases we raise
involve individuals being held in contravention of
Chinese law. Previously the Chinese side told the
United States that if we took a cooperative and non-
confrontational approach to China regarding human
rights, then we would see increased collaboration and
openness. We have been cooperative, but now we are
receiving less, not more, cooperation from the Chinese
side, the Ambassador emphasized.


8. That the EU and China had a good human rights
dialogue session is positive, the Ambassador said.
The United States, however, continues to be focused on
actions, results and productive movement, not just
dialogue. The Ambassador warned DG Wu that if we do
not cooperate, human rights risks becoming even a
bigger problem in the bilateral relationship.

Criticism of Congressional Measures
--------------


9. (C) DG Wu contended that the Chinese side has been
responsive on human rights matters, noting that the
MFA provided a prompt answer to the United States´ Six
Steps for the Hu visit. In fact, in DG Wu´s view, it
is the United States that has not been responsive.
China still awaits our comments on its Four Points,
which the MFA passed to us in April (Ref B). (Note:
We have to date deemed it inappropriate to respond
because the Four Points, involving steps the United
States should take to ensure a more productive human
rights relationship with China, do not, in our view,
merit serious consideration. End note.)


10. (C) DG Wu said that now that he had listened to
our complaints, he wanted to raise several of China´s
complaints. First on the list was the prospective
awarding of a Congressional Medal to the Dalai Lama.
Recapping points Chinese officials have made to us
often on the subject, DG Wu contended that the Dalai
Lama is not just a religious figure but is a political
one as well who is committed to splitting China and
achieving Tibetan independence. By viewing the Dalai
Lama as purely a religious figure, the United States
Government only sees one side of the story. The
Chinese Government hopes the Administration can
express opposition to Congress´ action and exert its
influence to ensure that the award never transpires.


11. (C) In a similar vein, DG Wu complained about
three recent resolutions in the House International
Relations Committee that he described as anti-China,
including one on religious freedom, one commemorating
the 17th anniversary of the crackdown on Tiananmen
Square and one on illegal ordination of bishops in
China. DG Wu argued that China´s social, political
and economic progress since 1989 vindicated the
Central Government´s actions and showed that stability
is the most important factor in safeguarding citizens´
human rights. He asked that the U.S. Administration
do what it can to stop the momentum of these
Congressional measures, which could damage bilateral
relations.


12. (C) The Ambassador rejected DG Wu´s arguments on
the Dalai Lama. We view the Dalai Lama as a Nobel
Peace Prize laureate and deeply respected religious
figure. As for Congressional actions, the Ambassador
reminded DG Wu about the principle of separation of
powers. DG Wu said that, as he had spent four and a
half years in the United States, he understands the
limited influence the Executive Branch has on the
Legislative Branch in some situations. The Executive
should prevail when the national interest is at stake,
he asserted.
RANDT