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Edward McMillan-Scott: We need new powers to rein in China

January 3, 2010, 12:00 am
year must see an end to ruthless regimes using human pawns in international relations. After the barbaric execution of Akmal Shaikh, the first execution of a European by China since 1951, the EU's new role in foreign relations, which begins this week, must be shaped by a commitment to its values.

The argument against standing up to China is that we cannot afford to offend such a growing superpower, to jeopardise trade relations. But trade and politics have always been separate, and always will be.

The European experience with the monolithic Soviet Union during the Communist years was to name and shame its worst offences, and to do so with mounting intensity. This strategy worked and should now be applied to China. The "sophisticated" argument that China doesn't respond to Western anger carries no weight. Last week's indignant response from a Chinese Foreign Ministry spokeswoman following Western condemnation of the execution laid bare China's sensitivity to criticism. Our response should not be to shy away from voicing further criticism but to capitalise on that sensitivity and use it to apply pressure for change. Europe must ensure that its political priorities are heard as loudly in Beijing as at home.

The prominent Chinese dissident Wei Jingsheng cautioned in The New York Times last week: "We Chinese are intimately acquainted with this authoritarian arrogance." He spent 15 years in various Chinese prisons for putting up a wall poster, but was released after pressure from Washington. We must seize the chance to create a more consistent, coherent and effective foreign policy, one that sets out to co-ordinate a common European stance towards a changing China, the world's largest country and still a terror state.

On New Year's Day, the dragon spread its wings further with the launch of a new free trade zone spanning more than 1.9 billion people. Europe's foreign ministers, in a long-awaited new policy on the projection of democracy and human rights worldwide, declared in November that "human rights and democracy are inextricably linked". Until now, the EU's external priorities were listed separately: democracy, human rights, fundamental freedoms and the rule of law. Now brought together, these conditions alone should govern future relations with China.

The death penalty has been abolished in all EU member states. The European Parliament condemns capital punishment everywhere and especially as a method of control by one-party states that act as judge, jury and killer. China executes more people than any other country, with about 1,718 executions in 2008, far surpassing the 346 in Iran, 102 in Saudi Arabia, and 37 in the US, according to Amnesty International. More than 100 prisoners died under torture in China last year, too, but because they were members of Falun Gong, the banned spiritual movement, they were classed as non-persons.

China must cease persecuting those such as Liu Xiaobo, whose only crime is in arguing for democracy. His sentencing on Christmas Day to 11 years in jail by a Beijing court was designed to bury the news. Liu Xiaobo was one of more than 300 Chinese intellectuals and dissidents to author a bold call for constitutional reform on 10 December 2008 to mark the 60th anniversary of the UN's Universal

Declaration of Human Rights. Inspired by Charter 77, the manifesto for reform in communist Czechoslovakia, the Chinese version is named Charter 08 and calls for greater freedom of expression, multi-party elections and independent courts.

Gao Zhisheng, a prominent Christian human rights lawyer who researched the persecution of the Falun Gong, was taken by security forces from house arrest early in 2008 and has not been seen since. Two years ago, his friend, the environmentalist Hu Jia, was jailed for three and a half years for protests against "Olympic corruption and pollution". Hu Jia was awarded the European Parliament's 2008 Sakharov Prize for human rights, an award Beijing said amounted to political interference.

MEPs have become increasingly hostile to the Beijing regime's human rights record, whether in China itself or in Tibet or in countries which fall less directly under Beijing's influence such as Burma or Darfur. They frequently and effectively champion individual cases, such as Mirza Tahir Hussain from Bradford, who was taken off Pakistan's death row in late 2006. Or Safiya Hussaini or Amina Lawal, condemned to death by stoning for adultery in Nigeria in 2002. No MEP was asked to help Akmal Shaikh.

It remains to be seen whether the EU's new foreign policy profile will operate at the level of the lowest common denominator or follow a new political activism, such as displayed by Angela Merkel or Nikolas Sarkozy over Tibet, or by the presidents of the European Commission and Parliament because of human rights in their political boycott of the Beijing Olympics.

On the 20th anniversary of the fall of the Berlin Wall Barack Obama appealed to Europe's leaders: "Let us keep the light of freedom burning bright for all who live in the darkness of tyranny, and believe in the hope of a brighter day." Sadly, this seems to exclude China, where Hillary Clinton has explicitly placed economic co-operation above human rights concerns.

To bring hope and light, we must establish a worldwide register of confidential complaints aimed at halting torture and abuse, political persecution and the mistreatment of prisoners. This Impunity Index would be modelled on the one that West Germany established in November 1961 at Salzgitter to receive information from victims of Communist oppression living in East Germany. In all, 44,000 complaints were registered: simply knowing that a complaint had been filed gave a boost to the victims.

In China, where five to seven million are being abused in prison camps, religious groups keep records of the torturers as well as the tortured. There are details already of the oppressors of more than 3,000 harmless Falun Gong practitioners who have died under torture to recant their practice since 1999. An EU-supported Impunity Index would ensure those involved in the torture of minority groups could be brought to trial, as is happening in Cambodia, the Sudan or Sierra Leone.

Such an Impunity Index could be maintained by the EU and, once conditions allow, trials could be held by the International Criminal Court, which is part-funded by the European Instrument for Democracy and Human Rights that I founded in 1990. The UN cannot do this while countries such as China or Russia are members of its Security Council.

Everyone is entitled to live free from abuse, torture and fear. China cannot continue to pretend that its growing global presence does not bring with it new obligations. And human rights and democracy are basic rights that Europe must always defend.

Edward McMillan-Scott is vice-president of the European Parliament, with responsibility for democracy and human rights

Alan Watkins is away

http://www.independent.co.uk/opinion/commentators/edward-mcmillanscott-we-need-new-powers-to-rein-in-china-18559
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US House presses China on Falungong


TON — The US House of Representatives on Tuesday urged China to end its "persecution" of the Falungong and rejected Beijing's charge that the banned spiritual movement is an "evil cult."

In a nearly unanimous vote, the House called on China to free thousands of practitioners who are said to be imprisoned and to abolish an office tasked with fighting the Falungong.

The House expressed "sympathy to Falungong practitioners and their family members who have suffered persecution, intimidation, imprisonment, torture and even death for the past decade solely because of adherence to their personal beliefs."

The resolution asked China to "immediately cease and desist from its campaign to persecute, intimidate, imprison and torture Falungong practitioners."

The measure expresses the sense of lawmakers but is not binding on Washington policymakers. China has bristled at previous resolutions on its human rights record, calling it interference in its internal affairs.

Falungong -- a movement loosely based on Buddhist, Taoist and Confucian philosophies that features spiritual exercises -- enjoyed growing popularity among Chinese in the 1990s.

China's communist government banned the movement in 1999 and later branded it an "evil cult" after thousands of practitioners silently converged in Beijing to air their grievances, showing their organizational might.

"Chinese authorities have devoted extensive time and resources over the past decade worldwide to distributing false propaganda claiming that Falungong is a suicidal and militant 'evil cult' rather than a spiritual movement which draws upon traditional Chinese concepts of meditation and exercise," the resolution said.

Representative Ileana Ros-Lehtinen, who led the legislation, called China's treatment of the Falungong "one of the most flagrant examples of systematic persecution against a particular group taking place in the world today."

"The Beijing regime of today engages in the barbaric repression of some of its own people simply because they seek to practice a peaceful spiritual discipline," said the Florida congresswoman, the top Republican on the House Foreign Affairs Committee.

Ros-Lehtinen, a longtime critic of China, pointed to allegations that Beijing has harvested organs from Falungong prisoners.

"It seems incomprehensible that in the 21st century such barbaric acts could occur -- a cruelty comparable to imperial Romans throwing Christian martyrs to be eaten by lions," she said on the House floor.

"The stark reality which this resolution addresses gives new meaning to the phrase 'Butchers of Beijing,'" she said.

A former Canadian cabinet member in 2006 authored a report that found that China harvested organs from live prisoners, mostly jailed Falungong members.

China denounced the report as inaccurate and biased, saying the information came from Falungong supporters overseas.

A total of 412 lawmakers voted for the resolution. Only one voted against -- Republican Representative Ron Paul of Texas.

Paul, a maverick former presidential candidate, routinely opposes measures which he considers interference in another nations' internal affairs.

Another 17 lawmakers did not
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Shen Yun Shows in Hong Kong Cancelled Due to Visa Refusal
NG—Shen Yun's performances in Hong Kong will be cancelled this year, local organizers announced at noon on Jan. 23, citing the refusal of Hong Kong authorities to issue visas to six key production staff.

Hong Kong public figures have criticized the decision, claiming that it was a result of political pressure from Beijing. Shen Yun’s artists include practitioners of Falun Gong, a spiritual practice banned and persecuted in China, and its performances include artistic representations of Chinese citizens standing up to end the persecution in China.

Six days before the show’s debut, scheduled on Jan. 27, Hong Kong’s Immigration Department informed the company that seven production staff would be denied entry, saying they could be replaced by Hong Kong local workers. Later, one of the staff members was granted entry after the presenter made repeated entreaties for a reevaluation.

Kan Hung Cheung, a spokesperson for the organizers, remarked that four of the six production staff played irreplaceable roles in the performance, including lighting, sound effects, technical backdrop. Their roles were specified in the visa application, he said.

“A complete staff is essential to any performing arts group. This is just common sense,” Mr. Cheung said. “It is obvious that the Immigration Department denied their entry because Beijing wants to interfere with the show.”

The show’s organizers, the Hong Kong Falun Dafa Association, and local bureaux of New Tang Dynasty Television and The Epoch Times, said that the Hong Kong government must “bear the consequences” of the decision. “Unfortunately the Hong Kong government has chosen to cooperate with the Chinese Communist Party to stop the show,” Mr. Cheung said. “We strongly protest this.”

Hon. Albert Ho Chun-yan, chairman of the Democratic Party (Hong Kong) and legislative council member, condemned Hong Kong authorities for what he believed was their following Beijing’s orders to suppress freedom of expression in Hong Kong. He demanded an explanation for how it would be possible for the show to find replacements in Hong Kong within ten days, but the Immigration Department did not respond.

District Council Members Voice Indignation

Some of the council members in different districts of Hong Kong have already bought Shen Yun tickets and were looking forward to the show, they said.

Hong Kong’s Wong Tai Sin District Council member Chui Pak-Tai condemned the Hong Kong government along the same lines as Albert Ho. “The Hong Kong government is so incompetent,” he said. “They have shamed Hong Kong. Their dirty tricks are just appalling.”

The Democratic Party’s former Sai Kung District council member Lam Wing-Yin said he was concerned over Hong Kong’s independence from China as shown in the apparent political interference in this case.

“China promised that Hong Kong would remain unchanged for 50 years,” he said, referring to the 1997 pact between Britain and China when Hong Kong was returned to Chinese rule, which stipulated that Hong Kong would remain under the British system of governance for 50 years. “Nothing in our life here should have changed, including our freedom, culture and art,” Lam said. “Exactly because of this we can demonstrate that China is making progress and opening up, and Hong Kong can continue to be a unique place in the world.

“But unfortunately over the past decade or so, Hong Kong has suffered too much suppression on political, cultural, and media issues,” he said. “All these will eventually make Hong Kong deteriorate to become one of China’s regular cities.” He said that Hong Kong people expect China to show progress through preserving Hong Kong’s democracy, freedom and human rights.

Senior Journalist Expresses Concern

Well-known senior journalist Ching Cheong said the Hong Kong government’s actions were unfortunate. “Hong Kong has been a place where legal entrance and exits are protected, and we Hong Kong people should cherish such freedom,” said Ching, who was jailed for over three years in China for “revealing state secrets” to Taiwan. “I do not want to see such freedom being interfered with by political forces,” he said.

Mr. Cheong urged Hong Kong citizens to pay attention to the in
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China's Control of Media
Google threatens to leave China after attacks on activists' e-mail
said Tuesday that it may pull out of China because of a sophisticated computer network attack originating there and targeting its e-mail service and corporate infrastructure, a threat that could rattle U.S.-China relations, as well as China's business community.

The company said it has evidence to suggest that "a primary goal of the attackers was accessing the Gmail accounts of Chinese human rights activists," but it said that at least 20 other large companies, including finance, media and chemical firms, have been the targets of similar attacks. Google said it discovered the attack in December.

"It's clear that this attack was so pervasive and so essential to the core of Google's intellectual property that only in such a situation would they contemplate pulling the plug on their entire business model in China," said James Mulvenon, a China cyber expert with Defense Group Inc.

Congressional sources said the other companies include Adobe and possibly Northrop Grumman and Dow Chemical. Industry sources said the attacks were even broader, affecting 34 firms.

The hackers directed the attacks on the companies through six Internet addresses linked to servers in Taiwan, which sent commands to targeted computers in the firms, said Eli Jellenc, head of international cyberintelligence for the Silicon Valley-based cybersecurity research and forensics firm Verisign iDefense, which is helping companies investigate the penetrations. The hackers were sending the data to a large Internet data center in San Antonio called Rackspace, he said.

They appeared to be after information on weapons systems from defense firms and were seeking companies' "source code," the most valuable form of intellectual property because it underlies the firms' computer applications, he said.

U.S. authorities, including the National Security Agency, are involved in investigating the attacks.

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Several of the Internet addresses correspond to those used in malicious attacks against the defense industry last year and that are thought to be linked in some fashion to the Chinese government or proxies, Jellenc said.

David Drummond, Google's senior vice president and chief legal officer, said the attacks had led the company to conclude that it should "review the feasibility" of its Chinese operations. "We recognize that this may well mean having to shut down Google.cn, and potentially our offices in China," he said.

Drummond also said that the company has decided to stop censoring its search results on Chinese Google sites. Over the next few weeks, he said, the company will discuss with the Beijing government how it may operate "an unfiltered search engine within the law, if at all."

Google's threat to pull out of China follows years of tension over the company's service, which is designed to provide quick, unfettered access to information, and over the Chinese government, which wants to restrict its citizens' access to politically sensitive topics and to monitor their activity. The confrontation also comes just before a Jan. 21 policy speech on Internet freedom by Secretary of State Hillary Rodham Clinton, who dined last week with a handful of top technology executives, including Google's chief executive, Eric Schmidt.

Clinton said Google had briefed her on the issue, but in a statement late Tuesday she demanded an explanation from China. "The ability to operate with confidence in cyberspace is critical in a modern society and economy," she said.

Based on its investigation to date, Google said, it does not believe the cyberattack on its accounts succeeded. "Only two Gmail accounts appear to have been accessed, and that activity was limited to account information (such as the date the account was created) and subject line, rather than the content of emails themselves," the company said in a blog posting.

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Google has also been embroiled recently in a dispute over the copyrights of Chinese authors whose works it had published in its online library Google Books. Chinese writers have accused it of copyright infringement. The company apologized to Chinese writers this week.

Privacy advocates applauded Google's move to disclose the cyberattacks and reverse its stand on censorship of its China search engine results.

"Google has taken a bold and difficult step for Internet freedom in support of fundamental human rights," said Leslie Harris, president of the Center for Democracy and Technology. "No company should be forced to operate under government threat to its core values or to the rights and safety of its users."

In China, reaction on the Web was critical of both the Chinese government and Google.

One blogger, identified only as "Crossing the river with eyes closed," said, "They'd better cut the cable under the sea so that they don't have to worry at all." The late Chinese leader Deng Xiaoping famously said that reform was like crossing a river one stone at a time.

Others worried that the potential loss of access to Google would make it harder to obtain technical information.

"Of course, as a business they have the right to make this decision," Ran Yunfei, a dissident writer based in Sichuan province, said on Twitter, which is blocked in China but which many Chinese reach through proxies. But, he added, even censored, Google is "much better than Baidu," a popular Chinese-owned search engine.

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In a phone interview, he said Google should "not abandon" China but rather apply pressure through the World Trade Organization and U.S. government.

Google officials said the company found that the Gmail accounts of dozens of China human rights advocates in the United States, China and Europe "appear to have been routinely accessed by third parties." The hacking most likely occurred through phishing scams -- luring users to download malicious software by opening innocent-looking e-mails -- or malware placed on users' computers, rather than by breaking into Google's corporate infrastructure, the company said.

The implications for U.S. businesses in general loom large.

"Google is an extreme example, but this action is consistent with the sentiment among many foreign companies that doing business in China is increasingly difficult as the country becomes more wealthy and powerful," said James McGregor, senior counselor for Apco Worldwide in China.

China is among a handful of countries considered to have impressive cyber-offensive capabilities, but U.S. officials have refrained from publicly accusing the country because of the difficulty of determining with certainty who is behind an attack.

Attacks on China rights activists have been growing, however, and suspicion has fallen on the Beijing government.

China -- or its broad army of proxies -- has been the suspected aggressor behind a series of attacks on U.S. and other countries' computer systems dating from the late 1990s. Those events include Titan Rain, a campaign of cyberattacks against the Pentagon, nuclear weapons labs, NASA and defense contractors from 2003 to 2005; penetrations of the Commerce and State department networks in 2006; and GhostNet, a widespread spying operation targeting supporters of Tibetan independence in 2008.

When Google set up a subsidiary in China in 2005 and purchased servers hosted in the country, it agreed to censor its search results. But the company and the government officials trolling the Internet have continued to clash over what content should be blocked.

The conflicts escalated in June when Beijing blamed Google for smut on the Internet, saying that some search results could be considered pornographic. China temporarily blocked Google.com and Gmail in what was believed to be a punishment.

The State Department has set aside funds to help companies get around Internet firewalls put up by China and other countries. One potential recipient is run by the Falun Gong sect, which is banned in China, but it has yet to receive any such funding. "The Chinese would go ballistic if we did that," said one U.S. official.

Mufson reported from Beijing, Nakashima from Washington. Pomfret, traveling with Clinton, reported from Honolulu. Staff writers Ariana Eunjung Cha and Cecilia Kang and staff researcher Julie Tate in Washington contributed to this report.

http://www.washingtonpost.com/wp-dyn/content/article/2010/01/12/AR2010011203024_3.html?hpid=topnews&sid=ST201001
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