18.04.2007: BEIJING HUMAN RIGHTS WATCHERS DISCUSS DIALOGUES, BERN PROCESS, VATICAN, EXTRADITION TREATIES



C O N F I D E N T I A L SECTION 01 OF 03 BEIJING 002599

SIPDIS

SIPDIS

DEPT FOR DRL, EAP/CM

E.O. 12958: DECL: 04/18/2032

TAGS: PHUM, KIRF, PGOV, CH

SUBJECT: BEIJING HUMAN RIGHTS WATCHERS DISCUSS DIALOGUES,

BERN PROCESS, VATICAN, EXTRADITION TREATIES

REF: A. BEIJING 02342

B. CHENGDU 00077

BEIJING 00002599 001.2 OF 003

Classified By: Political Internal Unit Chief Susan

Thornton. Reasons 1.4 (b) and (d).

Summary

-------

1. (C) Beijing-based human rights watchers reported

that:

-- Chinese officials referred to the Nangpa La Pass

shooting incident on the Nepal border as "an accident"

during the recent UK-China human rights dialogue.

-- Germany will host the 23rd round of the China-EU

human rights dialogue in mid-May in Berlin.

-- China is willing to resume a human rights dialogue

with Japan if the dialogue avoids "internal domestic

issues" and Japan does not participate in meetings of

China´s human rights dialogue partners.

-- The status of the Sino-Swiss human rights dialogue

is unclear, though some Swiss rule of law projects are

proceeding outside the scope of the dialogue.

-- The EU plans to host the next meeting of China´s

human rights dialogue partners (the former Bern

Process) late this summer in Brussels, but MFA

officials continue to warn that participation in Bern

Process-type meetings will adversely impact human

rights dialogues.

-- The Vatican will participate in the 3rd ASEM

Interfaith Dialogue set for June 19-21 in Nanjing and

a SARA official said German-Vatican cooperation on

bishop appointments would be an acceptable model for

China.

--Japan and China will soon negotiate an extradition

treaty. End Summary.

Human Rights Dialogues: Great Britain, EU, Japan,

Switzerland and Canada

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2. (C) British Embassy xxxx

said at a recent human rights watchers meeting that

the 15th round of the UK-China human rights dialogue

went forward on February 5-6 in London. MFA IO Human

Rights Special Representative/DDG Shen Yongxiang led

the Chinese delegation, which also included a large

delegation of representatives from the Ministry of

Civil Affairs, the Ministry of Justice, the Supreme

People´s Court and the State Council Information

Office. MFA officials from both the IO and the

European Affairs Departments attended, which xxxx

said may presage a shift in responsibility for

handling the human rights dialogue from IO to the

European Affairs Department.

3. (C) British and Chinese officials discussed NGO

registration procedures, the SPC´s reassumption of

death penalty review powers and Internet freedom. The

British agreed to provide information about NGO

registration procedures in Great Britain. The SPC

said procedures for death penalty cases are still

evolving, and it may publish more about the

procedures. Chinese officials, discussing Internet

censorship, compared the Government´s role in

regulating Internet content to that of an "industry

watchdog." Two All-China Lawyers Association defense

attorneys, whose participation was funded by the

British Embassy, led a "very technical" discussion of

how Chinese criminal procedure law protects

defendants´ rights. The Chinese side gave substantive

responses to 35 of 45 cases on a prisoner list British

Embassy officials passed to the MFA in early January,

though Shen became defensive when asked about

inaccuracies in the responses. Dr. Shen referred to

the Nangpa Pass shooting incident as "an accidental

incident." (Note: In the most recent response to the

Embassy on this incident, TAR authorities stated that

the shooting was a matter of "illegal border

crossers." End note.) Chinese officials requested a

reduction in the number of dialogue rounds from two

per year to one per year, though no decision on this

has been taken. xxxx said the dialogue was "tense

at certain moments" but "cordial by the time it

ended."

4. (C) Germany will host the 23rd round of the China-

EU human rights dialogue in mid-May in Berlin,

according to Germany Embassy xxxx.

The dialogue round will include a legal experts

seminar on May 10-11 as well as dialogue sessions and

a field trip on May 15-16. xxxx reported that the

Chinese delegation, to be headed by IO Director

General Wu Hailong, wants to discuss the EU´s

participation in ongoing meetings of China´s human

rights dialogue partners as an "off agenda" item.

5. (C) Japanese Embassy xxxx reported that China is willing to resume its

human rights dialogue with Japan on condition that the

dialogue will not include "internal domestic issues."

MFA IO xxxx

clarified that, as a further prerequisite to

discussions, Japan must agree not to participate in

meetings of China´s human rights dialogue partners.

Dong added that any country´s participation in the

former Bern Process will have an adverse impact on

that country´s bilateral relationship with China.

"There will be different impacts," xxxx said, "for

different countries."

6. (C) xxxx said Switzerland is still

"unclear" about the status of its human rights

dialogue with China following the Chinese Government´s

demands in late 2006 that Switzerland forego a

"leadership role" in the Bern Process. Swiss Embassy

officials later told the MFA that Switzerland had

complied with Chinese demands but Chinese officials

then complained that Switzerland still operates the

Bern Process´ secure website. The Sino-Swiss human

rights dialogue remains on hold, but China has not

made any clear statement indicating that Switzerland

must make additional concessions. Some rule of law

projects funded by the Swiss Government, which were

previously suspended by the Chinese, are now moving

forward outside the scope of the Sino-Swiss human

rights dialogue. Chinese MPS officials interested in

prison management are still planning an exchange visit

to Switzerland in early 2007.

7. (C) Canadian Embassy xxxx said her office has had little productive

exchange on human rights with Chinese officials since

the MFA´s North American Division assumed

responsibility for administering the Sino-Canadian

human rights dialogue. xxxx said she was surprised

by a statement appearing in an EU-drafted readout of

the March 26 meeting of China´s human rights dialogue

partners that the Sino-Canadian human rights dialogue

has been suspended. Though no further rounds of

dialogue have been scheduled, xxxx said her Embassy

is not aware of any formal decision to suspend. The

Canadian Government, xxxx said, has scheduled

parliamentary hearings to discuss Canada´s engagement

with China on human rights. xxxx previously

told xxxx that if Canada wants China to give a high

priority to its bilateral dialogue, it will have to

give up participation in the Bern Process.

Next Meeting of China´s Human Rights Dialogue Partners

--------------------------------------------- ---------

8. (C) EU representative xxxx said that

the EU will host the next "non-meeting" of China´s

human rights dialogue partners late this summer in

Brussels, where there is "less exposure." If the EU

cannot host the meeting, Germany will host. Norway,

xxxx said, is under pressure not to host a meeting.

Norway Embassy representative xxxx

confirmed that in early February an official attached

to China´s UN Mission in Geneva encouraged Norway to

"stay away" from the Bern Process. Norway has since

decided that it cannot host a meeting of China´s human

rights dialogue partners in 2007.

Vatican Participation In ASEM Interfaith Dialogue

--------------------------------------------- -----

9. (C) Italian Embassy representative xxxx

said that the 3rd ASEM (Asia-Europe Meeting)

Interfaith Dialogue will go forward June 19-21 in

Nanjing. xxxx told poloff on April 16 that the

Vatican confirmed its interest and availability in

participating, following a suggestion from the Chinese

that the Vatican join the dialogue. Italy and China

are "co-chairing" the dialogue. Italian officials

initially objected to inclusion of the word "harmony"

in the title of the conference, given the "political

meaning" of the term, but have since dropped this

objection. Separately, xxxx reported that SARA

Foreign Affairs Deputy Division Director Liu Jinguang

recently referred approvingly to cooperation between

Germany and the Vatican on selection of bishops. Liu

said the German "model" would be "acceptable in

China."

Extradition Treaties: Japan and France

--------------------------------------

10. (C) Japan´s xxxx reported that Japan and China

will "soon" negotiate an extradition treaty as part of

the joint cooperation announced during Premier Wen

Jiabao´s recent visit to Japan. French Embassy

representative xxxx said that France´s

extradition treaty with China includes a provision

requiring review of extradition proceedings both by

police officials and by judicial authorities. The

Chinese agreed to this provision only after protracted

negotiations.

RANDT



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