MFA CONFIRMS HRD DIALOGUE DATES; REFUSES REQUEST

C O N F I D E N T I A L SECTION 01 OF 02 BEIJING 001719

SIPDIS

SIPDIS

STATE FOR EAP/CM, DRL
NSC FOR WILDER

E.O. 12958: DECL: 05/05/2033
TAGS: PHUM PREL PGOV CH
SUBJECT: MFA CONFIRMS HRD DIALOGUE DATES; REFUSES REQUEST
FOR TIBET VISIT

REF: A. STATE 40765


B. BEIJING 01529 AND PREVIOUS

Classified By: Deputy Political Section Chief Ben Moeling. Reasons 1.4
(b) and (d).

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


1. (C) On May 5, MFA International Organizations Human Rights
Division Director Yan Jiarong told POLOFF that China "agrees"
to move forward with one-half day of formal U.S.-China Human
Rights Dialogue (HRD) on May 26 and with related meetings on
May 27, although she said China has "flexibility" to extend
dialogue to a full day. Yan said Director General for
International Organizations Wu Hailong "will be pleased" to
lead the Chinese side. Assistant Foreign Minister Liu Jieyi,
our preferred interlocutor for the dialogue, will instead
host a dinner. Yan offered a seven-part agenda for the
dialogue that encompasses but also modifies or adds to topics
we proposed. Yan accepted our "long" list of cases of
concern. She delivered the news that Tibet Autonomous Region
(TAR) authorities declined the U.S. proposal for a visit to
Tibet, on the grounds that they are "busy with restoration
and reconstruction work." Speaking "off the record," Yan
stated that MFA might "consider alternatives" to a Tibet
trip, and said it might be possible for TAR officials to
attend HRD sessions or to arrange meetings between A/S Kramer
and United Front Work Department officials involved in talks
with the Dalai Lama's private representatives. Yan said that
the MFA has received no formal response from Beijing's
Central Party School to a request she said A/S Kramer had
made to speak "at the Central Party School, or some other
university." Yan strongly discouraged the use of
simultaneous translation at HRD. End Summary.

China Agrees to Dialogue Dates, But at DG Level
-------------- --


2. (C) MFA IO Human Rights Division Director Yan Jiarong told
PolOff May 5 that China "agrees" to move forward with
one-half day of formal U.S.-China Human Rights Dialogue on
May 26. Conceding that China already allocated a full day
for its May 15 dialogue with the European Union, however, Yan
agreed that there is "room for flexibility" for China to
extend the dialogue to a full day if the United States
formally requests it. Yan said MFA IO Director General Wu
Hailong will be "pleased" to lead the Chinese HRD delegation.
AFM Liu, Yan stated, would like to meet with DRL A/S Kramer
and host a dinner for the U.S. delegation on May 25 or May

26. Yan said no arrangements have been made for a meeting
between A/S Kramer and State Councilor Dai Bingguo or Foreign
Minister Yang Jiechi. POLOFF reminded Yan that the Embassy
had made this request explicitly on April 21. Yan said that
it "shouldn't be a problem to revisit this issue."

Beijing Proposes Broadened Agenda, Accepts Case List
-------------- --------------


3. (C) Yan proposed a seven-part agenda for the HRD that
encompasses but also modifies or supplements topics proposed
by the United States:
(a) "new developments in the field of human rights in China
and the United States, including judicial reform" (Note: Yan
also suggested the following alternative wording for this
agenda item: "new developments in economic, social and
cultural rights and judicial reform");
(b) "freedom of expression, including press freedom, the
Internet and responsibilities of the press;"
(c) religious freedom;
(d) "racism, racial discrimination and all forms of
intolerance;"
(e) cooperation in UN fora including the Human Rights
Council;
(f) technical cooperation in rule of law areas; and, (g)
detainees and prisoner cases.


4. (C) Yan agreed that "various dialogue topics" can include
discussion of Tibet-related issues. Yan officially accepted
our "long" list of cases of concern and said China will
provide as many responses as possible by May 26, or
afterwards if necessary. Yan proposed a "gentleman's
agreement" she said was the practice in past HRD rounds,
whereby China expresses general opposition to outside
interference in prisoner and detainee cases, but provides
responsive information outside the main dialogue meetings.
Yan suggested that the two sides "not get into details" of
prisoner cases during the main dialogue sessions. Yan said

BEIJING 00001719 002 OF 002


the U.S. side "can express concerns about individual cases"
but she dismissed the possibility that U.S. inquiries will
induce China to deliver any "results" other than information
about the status of cases.

MFA Refuses Tibet Visit, Discusses Alternatives
-------------- --


5. (C) Yan said China "has to decline" the U.S. delegation's
request to visit Tibet. Tibet, she noted, is an "autonomous
region," which means that Tibet Autonomous Region (TAR)
authorities have to approve any visit. "But TAR authorities
are busy with restoration and reconstruction work, so they
are unable to receive the U.S. delegation," Yan said. "They
would welcome the U.S. delegation in the future." Yan said
MFA is willing to explore "fallback" alternatives toa trip
to Tibet. Speaking "off the record," he said it might be
possible to arrange the attendance of TAR officials at HRD
meetings on May 26, to organize meetings with United Front
Work Department officials involved in talks with the Dalai
Lama's private representatives or to discuss "cooperation on
projects" with the State Ethnic Affairs Commission. Yan also
suggested "site visits" to Beijing's Tibetology Research
Center, a hospital specializing in Tibetan medicine, the
Institute for Advanced Tibetan Studies, or a Buddhist Temple
as other possibilities.

Kramer Speech, Translation Mode
--------------


6. (C) Yan said that MFA has received no formal response from
Beijing's Central Party School to a request from A/S Kramer
(made during his April 18 meeting with Ambassador Zhou) to
deliver a speech "at the Central Party School, or some other
university." Yan said she thought it "would be good" if A/S
Kramer changed the format of his presentation to an
"interactive dialogue and meeting" with students. Yan
acknowledged that A/S Kramer had proposed the use of
simultaneous translation at the HRD. Nonetheless, she
strongly discouraged the use of simultaneous translation,
asserting that one cannot "guarantee the quality" and that
consecutive translation is "almost a must" to ensure that the
two sides communicate well. The additional time required for
consecutive translation should not be a problem, Yan
asserted, if the United States requests a full day for
dialogue. Finally, Yan encouraged the U.S. side to "quickly"
tell MFA what meetings it wants outside of formal HRD. Yan
and other MFA IO colleagues will be away from their offices
and unavailable to work on the U.S.-China HRD between May 9
and May 19.
RANDT