MOTION FOR A RESOLUTION on violations of human rights in China, in particular, the case of Liu Xiaobao

19.1.2010

with request for inclusion in the agenda for the debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 122 of the Rules of Procedure

Renate Weber, Frédérique Ries, Ramon Tremosa i Balcells, Marielle De Sarnez on behalf of the ALDE Group

See also joint motion for a resolution RC-B7-0040/2010

B7‑0040/2010

European Parliament resolution on violations of human rights in China, in particular, the case of Liu Xiaobao

The European Parliament,

- having regard to its previous resolutions on China and, in particular those

of 13 December 2007 on the EU-China Summit and the EU/China human rights dialogue and of 26 November 2009 on minority rights and the application of the death penalty,

 

- having regard to the declarations of the Presidency on behalf of the EU concerning Charter 2008 and the arrest of human rights campaigners of 19 December 2008,

 

- having regard to the declarations of the Presidency on behalf of the EU on prosecution of Mr Liu Xiaobo of 26 June 2009,

 

- having regard to the EU-China seminar of 18-19 November 2009 and the EU-China Human Rights dialogue of 20 November 2009,

 

- having regard to Rule 122(5) of its Rules of Procedure,

 

A. whereas on 8 December 2008 Liu Xiaobo, a prominent human rights activist and scholar, and co-author of the “Charter 08”, was placed under “residential surveillance”, a form of pre-trial detention that can be used up to six months without a charge being issued, at an undisclosed location in Beijing,

 

B. whereas on 23 June 2009, Mr. Liu Xiaobo was arrested and charged on 24 June 2009 with “inciting to subvert State power“, pursuant to Article 105 of the Criminal Code,

 

C. whereas Liu Xiaobo is one of the 303 signatories of Charter 2008, a petition that urges constitutional reform, democratization and the protection of human rights, that was subsequently signed by more than 10,000 Chinese citizens,

 

D. whereas on 25 December 2009, the Beijing Municipal No.1 Intermediate People's Court found Mr. Liu Xiaobo guilty of “inciting subversion of State power” and sentenced him to 11 years of imprisonment; whereas the government based the conviction on Mr. Liu’s role in drafting and organising the signing of Charter 08 and on six essays that criticised the Chinese government, published between 2005 and 2007,

 

E. whereas Liu's wife and personnel from about a dozen foreign embassies in Beijing, requested to observe the trial but were denied access to the courtroom,

 

F. whereas this ruling has caused widespread criticism by domestic internet bloggers, international civil society groups and foreign governments,

 

G. whereas in December 2009 other cases of human rights violations took place in China like the harassment of members of the Guizhou Human Rights Forum in order to prevent them from carrying out planned activities to celebrate Human Rights Day and the beating and ill-treatment while in detention of Qi Choghuai, a reporter and former Shandong Bureau Chief for the Fazhi Morning Post,

 

H. whereas, ahead of the country's 60th anniversary, on 1 October, the Chinese authorities increased surveillance, harassment and imprisonment of activists to prevent them from raising human rights concerns; whereas according to Amnesty International on this occasion several hundred activists and dissidents were put under various kinds of surveillance or house arrest,

I. whereas, in April 2009, the PRC submitted a document to the UN in order to support its candidacy to the Human Rights Council, in which it affirmed that the People’s Republic of China was “committed to the promotion and protection of human rights and fundamental freedoms of the Chinese people”; whereas, as a member of the Human Rights Council, China “shall uphold the highest standards in the promotion and protection of human rights”,

 

J. whereas, on 13 January 2010, Google announced its decision to stop cooperating with Chinese Internet censorship linking this to sophisticated cyber-attacks on its computer systems, which it suspected originated in China, aimed in part at the Gmail user accounts of Chinese activists,

 

K. whereas the EU is China’s biggest trading partner and the biggest investor in China and whereas China is the EU's second biggest trading partner; whereas trade and economic relations have overshadowed the question of democratic reforms, respect for human rights and the rule of law,

 

L. whereas the EU-China human rights dialogue established in 2000 has achieved so far no tangible results; whereas the lack of results is also the consequence of an uncoordinated and ineffective EU common foreign policy towards China,

 

 

1.  Calls for Liu Xiaobo's immediate and unconditional release and expresses its solidarity with his peaceful actions and initiatives in favour of democratic reforms and the protection of human rights; strongly condemns the judicial harassment of which he was victim;

 

2.  Calls on the PRC authorities to respect the commitments made before the Human Rights Council and to conform with the provisions of the UN Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations on 9 December 1998;

 

3.  Urges the PRC to ensure respect for human rights and fundamental freedoms and calls for the ratification of the International Covenant on Civil and Political Rights;

 

4.  Welcomes the decision of Google to stop cooperation on internet filtering and censorship with the Chinese authorities and urges all the other companies to act likewise; calls on PRC to fully respect internet freedom; expresses solidarity with China's internet users who will be most affected by the proposed departure of Google;

 

5.  Stresses that the Chinese government published its first National Human Rights Action Plan (2009-2010) in April 2009 which aims to improve the protection of citizens’ rights, guard against arbitrary detention, prohibits extracting confessions by torture and ensures fair and open trials;

 

6.  Stresses that China's human rights record remains a matter of serious concern and calls on the Council and the Commission to raise Liu Xiaobo's case at the next EU-China summit; takes note of the previous rounds of human rights dialogues with China and the EU-China human rights dialogue of 20 November; insists on the need for a strict follow-up between all dialogues to ensure the implementation of the recommendations;

 

7.  Emphasises the need to initiate a comprehensive assessment of the EU-China human rights dialogue; calls for cases of human rights defenders to be systematically raised during these dialogues and highlights the situation of the 2008 Sakharov Prize Hu Jia and his wife Zeng Jinyan;

 

8.  Deplores that China, in the framework of its Universal Periodic Review process of June 2009, has rejected all recommendations made by UN member states related to freedom of expression and freedom of association, independence of the judiciary, guarantees for the legal profession, protection of human rights defenders, rights of ethnic minorities, reduction of the death penalty, abolition of reeducation-through-labor, prohibition of torture, media freedom, and effective remedies for discrimination;

 

9.  Takes the view that the development of trade relations with China must be accompanied by an effective political dialogue and that the respect for human rights should be an integral part of the new framework agreement which is now being negotiated with China;

 

10.  Instructs its President to forward this resolution to the Council and the Commission and to the President, the Prime Minister and the People’s National Assembly of the People’s Republic of China.