MFA PLEDGES POSITIVE CONSIDERATION FOR HUMAN

C O N F I D E N T I A L SECTION 01 OF 02 BEIJING 001529

SIPDIS

SIPDIS

STATE FOR EAP/CM, DRL
NSC FOR WILDER

E.O. 12958: DECL: 04/21/2033
TAGS: PHUM PREL PGOV CH
SUBJECT: MFA PLEDGES POSITIVE CONSIDERATION FOR HUMAN
RIGHTS DIALOGUE REQUESTS, MAKES NO COMMITMENTS

REF: A. STATE 40765

B. BEIJING 1081

Classified By: Political Minister Counselor Aubrey Carlson. Reasons 1.
4 (b) and (d).

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


1. (C) While emphasizing that China's formal reply will come
at a later date, MFA IO Human Rights Division Deputy Director
Xu Jing on April 21 shared with POLOFF her "preliminary
reactions" to U.S. proposals for resuming the U.S.-China
Human Rights Dialogue (HRD). China will give "positive
consideration" to the U.S. requests that Assistant Foreign
Minister (AFM) Liu Jieyi lead China's HRD delegation and that
DRL Assistant Secretary Kramer meet with State Councilor Dai
Bingguo or Foreign Minister Yang Jiechi, Xu said. The
proposed May 26-27 dates for the dialogue appear to "work
well," Xu stated, noting that China is now also willing to
accept either Beijing or Washington as the venue. Xu said
she believes China can accept all of the U.S. proposed
dialogue topics but requested that the topics proposed by
Washington be treated within the first part of the two-part
framework agenda proposed by China in April, entitled
"developments in the field of human rights." The MFA will
"carefully consider" the U.S. proposal to visit Tibet on May
23-24, but speaking personally, Xu said China would likely
"have difficulty" approving the Tibet stop. POLOFF
emphasized the importance of holding a dialogue that is
focused and results-oriented. End Summary.

China Will Consider U.S. Requests; Flexible on Venue
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2. (C) MFA IO Human Rights Division Deputy Director Xu Jing
told POLOFF April 21 that China will formally respond at a
later date to the U.S. proposals for resuming the formal
bilateral Human Rights Dialogue (HRD) (ref A). Xu
nonetheless said she would be pleased to immediately share
her "preliminary reactions." China will give "positive
consideration" to our request that AFM Liu Jieyi lead China's
HRD delegation, Xu said, as well as to our request that DRL
A/S Kramer meet with State Councilor Dai Bingguo or Foreign
Minister Yang Jiechi. The proposed dates of May 26 for
dialogue and May 27 for other meetings "work well" for China.
Abandoning a position MFA took in April, Xu said that China
is now willing to hold the May dialogue round in Washington,
if the U.S. side wishes. When asked why Beijing has changed
its stance on venue, Xu replied only that she understood it
is "Washington's turn in the rotation" and that "China has
become more flexible." Xu nonetheless repeated that it will
be "easier" for MFA to secure the participation of "relevant
ministries" if the HRD takes place in Beijing.

Beijing "Can Accept" U.S. Proposed Topics
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3. (C) Xu said she believes that China "can accept" the HRD
topics proposed by the United States, but that it would "make
MFA leaders happy" if the written agenda follows the
structure of the two-part framework agenda proposed by China
in April (ref B). The four main topics proposed by the
United States, Xu asserted, fit within China's first proposed
framework topic, "developments in the field of human rights."
Although the topics proposed by the U.S. side are
"acceptable" and can encompass discussion of Tibet, Xu asked
that the title of one topic, "Human Rights Defenders and
Prisoners of Concern," be re-labeled simply as, "Cases of
Concern." This proposed change would not "in any way" affect
the scope of discussion, Xu argued, but would simply make the
agenda "more palatable" to the Chinese officials responsible
for approving it. Xu said she was aware that A/S Kramer had
agreed to China's second proposed framework topic,
"cooperation in multilateral fora." Xu also told POLOFF that
she expects the United States will want to raise Sudan and
Burma as part of this discussion.

China Will "Carefully Consider" Site Visit to Tibet
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4. (C) China will "carefully consider" the U.S. request for a
May 23-24 site visit to Tibet, Xu said. Noting that she had
no instructions for responding officially to this request, Xu
said that speaking personally, China would likely have
"difficulty" approving it. Xu acknowledged that a British
delegation traveled to Tibet in February as part of the
China-U.K. human rights dialogue but said that circumstances

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there "are much more sensitive now." In the current
environment, "splittist groups" will take every possible
opportunity to "use a high-level visit by U.S. officials to
further their agenda." U.S. officials speaking to media
about a Tibet visit, Xu speculated, might feel "pressured" to
say things that would "embarrss China." Arrangin a site
visit for a highlevel U.S. delegation to Tibet, Xu said,
woul be "much more difficult" than it was for MFA t arrange
the recent visits by journalists and diplomats to Lhasa.

MFA Looks Forward to Further Discussions
--------------


5. (C) POLOFF emphasized to Xu the importance to the United
States of a dialogue that is concretely focused and
results-oriented. Regarding results, Xu asserted that
Chinese responses to questions on the status of prisoners and
announcement of technical cooperation in rule of law-related
areas would be "significant results." POLOFF replied that
these steps, though important, almost certainly would not be
enough. Regarding prisoner cases, POLOFF told Xu that
China's preparation for a successful HRD round should focus
not only on responses to requests for information, but also
on releases of prisoners in high-profile cases. Rather than
simply delivering to the U.S. delegation China's purported
"record of achievements" on human rights and the rule of law,
it would likely be more useful, POLOFF asserted, for our two
sides to discuss key areas where cooperation on rule of law
subjects is possible. Xu made no commitments but stated that
she and her MFA colleagues look forward to further
discussions directed at ensuring a "successful" HRD.
PICCUTA