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CHINA AND CANADA: , 1 . O A RELATIONSHIP RECONSIDERED N M U R O F S T H G I R A N I H

BY CHEUK KWAN C

Canada’s Parliament in October 2006 initiat - 3

the usefulness of bilateral talks, but we feel it’s like in American 3 ed a review of the effectiveness of its bilater - football when you tell your opponent you ’re not going to pass, but just run with the ball.Your opponent knows exactly what S al dialogue with China, following a scathing you’re going to do and how to counter it.We want to make N O I assessment of the dialogue by an independ - sure the government makes full use of a multi-prong strategy, T U T using all kinds of tools—bilateral talks, multilateral fora and I ent academic earlier in the year. Meanwhile T heads-of-state dialogues . S N Canada’s new Prime Minister, Stephen I

The coalition found that the talks were accomplishing little, D N

Harper, is taking a tough stance on the and the Foreign Affairs office became less assiduous in its NGO A briefings. A few times Amnesty International or some other S N

human rights situation in China. O “harmless” group was allowed to attend a meeting, but only I T A

generic points could be raised, no individual cases.With no L E

The apparent shift in Canada’s diplomatic relations with China progress evident, the coalition began pressing for a concrete R L has developed rapidly over the past year. For activists like measurement of what the bilateral talks were accomplishing, A N O

myself, however, the Canadian government’s current firm and for the talks to be put on hiatus until they could be I T stand on human rights is the first fruits of a long and often revamped. A N frustrating process dating back to the early 1990s. R E Political shift in Canada T The organisation I chair, theToronto Association for N I Democracy in China, is part of Canada’s “China coalition,” a Meanwhile, changes were taking place within the Canadian collection of groups concerned about human rights issues in government that worked to the coalition’s advantage.The con - China.The coalition, which includes organizations such as ciliatory stance toward China was an outgrowth of Canada’s Amnesty International, Human RightsWatch, the Canadian desire to develop its economy overseas as the Liberal govern - Labour Congress, PEN Canada, andTibetan, Uyghur and Falun ment under Jean Chrétien fought deficits and struggled to Gong groups, gradually formed in the early 1990s through a reduce its dependency on trade with the United States. China’s common desire to push for human rights within the frame - economic rise presented excellent opportunities for Canadian work of the Canadian Foreign Affairs consultation with non- investment, especially in the hydropower industry, where governmental organizations (NGOs) prior to annual meetings Chrétien’s own family had strong business interests. Canada of the UN’s Human Rights Commission (now superseded by eventually became a majority player in management of the the Human Rights Council) in Geneva. massiveThree Gorges Dam project. Early on, Canada had been one of several countries that The Chrétien government developed aTeam Canada actively pressured China on human rights issues through UN approach, 1 which included a dozen trade missions to China resolutions (and in the early 1990s maintained a particularly while Chrétien was prime minister from 1993 to 2000. vocal presence in Hong Kong). But that changed in 1997, Canada gained business not only in hydroelectric power, but when China began dangling bilateral dialogues in front of the also in forestry (for China’s booming housing market) and EU (European Union) and Canada. Since then, the Canadian more notoriously, in information technology, with Nortel Net - government has done little to promote a more effective resolu - works providing the infrastructure and backbone that is a key tion strategy in the UN, but has placed more emphasis on the component of the Chinese government’s Internet censorship bilateral talks. system. The China coalition became even stronger in its monitoring The next Liberal prime minister, Paul Martin, continued of the Department of Foreign Affairs and InternationalTrade’s along the same lines. But at the same time, a Conservative activities regarding China, and has continued to push for the Member of Parliament named Jason Kenney was taking a dif - right to attend bilateral meetings.We don’t completely dismiss ferent direction on China. Born in 1968, Kenney was a young Frosty relations. Chinese President Hu Jintao (left) keeps his distance from Canadian Prime Minister Stephen Harper (right) at the APEC summit in Hanoi. Photo: Associated Press man during the violent crackdown on unarmed protesters in and secretary of state (Multiculturalism and ), Beijing’sTiananmen Square in June 1989, and the incident left Kenney has advocated for the Canadian government’s interven - a lasting impression. After being elected to Parliament in 1997, tion into the cases of Lu Decheng, granted asylum in Canada in he took a particular interest in human rights issues, especially 2006 after he fled toThailand, and of Huseyin Celil, a natural - freedom of religion, and was instrumental in the passing of a ized Canadian Uyghur detained in Uzbekistan in March 2006 parliamentary motion granting honorary Canadian citizenship and extradited to China three months later on suspicion of ter - to the Dalai Lama in June 2006. In January 2005, while taking rorism. Kenney has further endeared himself to Chinese Canadi - part in aTeam Canada trade mission to China, Kenney visited ans by pushing for redress of the “head tax,” a discriminatory the home of Zhao Ziyang, the deposed Communist Party chief levy imposed on Chinese immigrants from 1885 to 1923. After who had recently died after 17 years under house arrest for his years of pressure from Chinese , in June 2006, the support of the 1989 Democracy Movement.The first and only Canadian government issued a formal apology and announced Western politician to pay his respects to Zhao, Kenney was crit - that surviving head-tax payers and their spouses would be enti - icized by Paul Martin for failing to stick with the team. But for tled to a settlement of $20,000 Canadian dollars (CAD). the China coalition, the incident identified Kenney as someone who could stand up to China . The Burton review Since the election of the Conservative government under Meanwhile, pressure from the China coalition had built up Prime Minister Stephen Harper in January 2006, Kenney’s polit - enough for the Paul Martin government to commission an ical star has risen, and with it, the cause of human rights in assessment of the Canada-China Bilateral Human Rights Dia - China within Canada . A right-of-centre government such as the logue in August 2005.The man chosen to conduct the review Conservatives’ tends to include politicians who are more anti- was Charles Burton, a former embassy official who had communist and less inclined to curry favor with China. become a professor of political science at Brock University. 2 Appointed Harper’s parliamentary secretary in February 2006, At the time of Burton’s review, Canada and China had held Ca n c w th v men ci I ( pa n co i E i ser freedom log i H as on Th preju CAD$ from Ca th A prese ered pen wer Co Su an • v • • • n ndi ng nt MFA); ha ie ie mba in ese t als e it sessmen ese a rti nsu pre d n n di es” ey ng t ern ws ws vi t ue I O Th Chi th Th abr Much for in th Soc Th an sh h e ha n h denc e adi ada th n vidu All t t alo ci n ge e from i ci bila ffic he a nt di e g e ress, fran allo s t ssy Ag n d me a Apr d lta 6 e e e e g at held in as ssessing he i ai oa pa sa ia na v ims Chi human an terf Ch n sc ce 0,000 in C y t F g co Chinese t pr i w o il i a d h i t op e l n me e, als. onal teral fo ted d. ift Sep u h co s als io w r i i fficials w Chinese g P ” nc i ker h e Sci o of i n so gov n ev mments ip the l t es ina n Ministr . C erence Co Canad n eop llows: as and uld h ic n o a lists in I pr mpa 2 of to a’ Canada Beijing, hina’ ese y; t ciety ts gains io fr time, Bur tember the uld . ences, in 006, s with R pr s These unsello Trad has b esentation er human Canad om Ottaw Lawyers’ to usly b the of p off le’ ound. rig enefit huma the ma t o a e nment’s and rep of r ton he d MFA’s ent fr cess; s an a’s iso s strain d icials no of h t who ialogue with y e Chin p d MF ke o Bur Procuratorat C is human cases eff ts China att fr ar d the oint ialogu m , and of er hina; impoverished as in n D also cussion f sub a a-China and ed ialogue; in om n O r o d ed goodwill A ec en epartmen rights t o wit to offic c reign ot for ialogues a Justice ain ctober rights s ha a’s luded from ma n China cont Associat on from offic titutiona tivenes sta n t ded member for s of of h main at a h other , Oc h d a and er lso is Polit relea e MFA e and disc ndate right tend nt ia nd govern view. conc , dia pa them ent C ta tob part ia desc di dep tend ls the ive Ch dia for , ’s domes m ma a memb rt a ken a d ls o u Min lo alo na t ic fr s nd s Chi e ges ed h legal ha isc ic ember pr s er t of s io bjec in s ed er eign T , logu benefi art c om ic of a gu de l elect is ave si MFA ribi of dia p A ip alled hi o l gue t ov by n t int a ment n, us ipa th up 31 November on t o which r nese A ist ll-Chi c f t h ’s ment ures it es . th at ac rd o a Forei oun t n ff ided Ca ti is Bu e ers repeat no o si ng which eres ive pro e th Mini ex ry ed w e nt p io t by defend a of ai ca th with meetin Nin ons In offic s ic a rep s t nd res na for e d t rt a ch . n s rs how nd of di o ty it ll of resou er s es. in s The terna w met ces ia more s na t Ch t on gn a uch y; f di a of he is entation a alo an at ort, stry as on No th nd in logue a a C i the go Publi th Four ials the p n Burton o between “ Wo s a re s inese the well anadi A ed summar other ge t r “ n C model” t Ro Yu e forei pr in t gue and h v vember gs both C edictably h of as ti ffair rces. o one of generally hines based ernment Canadians of civ e N sens s er dialogue hina’ went men’s stitution “less onal omotin nnan in und th C c dona in since little C ational 2005 in k Foreign hines p Academy co judicial il an Secur gn fluence anadian s nown of group R ge articipan sides o itive was achie a society e untr s oun D n of n po on and di o ized the partici dialogue neral, t Prov MF interests intere Feder 1, evelo d 1997 i n r ng with alo e g eligio the positive litical i al task engaged to iss ty People’s inter ds too 2006. ies tha or co A to s respect vin b C Affairs to , th needs; inde gues, in and est ues h say read nsid whi d . p dur ation its bu b o st; ed . t - eir t i ce. g offi stop ia The - s - oth f - us had t - - i - le - f - - T c dia Chi pr t logu but f it men pr in pr Po s Coven (wi a t righ s pi righ rela t di a mat pr c Ca Chi a f t t pen in Wom or di t t f t able ion he hat he he he echn oun erred or et k oun nd ime omp nd s ci an he alo ep g st ga ovided oc ogres omot lit na globa In Ca In Bu pa tudes Bu in.” na na c t t i p NGO d fun on dent ch C a t t jo mi h io t w ti niz log t ic es ont es of d d d s” s ls govern gu t r i u t hina en’ ic nt lia na alo ries in ci , oc his s r r heir a ere in an a a n ha t f Ca o s, Ch n t ummat o t t t s Bur w es o da A t l al o i ed o o e s sm es s s hat hop terv res i a ot he nc f d nt ess a s l und Ri a t nf gue t d NGOs tr n n s c a si t wit t ue bet defus ina int dmis i ex a ment a nd ec a ’ not end Feder on ow en t s t na a wer s o met a e NGOs t n c nc s t ght been or ervat nd he no a phr over , n o a th on de q s onc s ie ed pec onomic ls ment ervie wi i a nd t gaged is h ’ indi igni u t ts med. s e p a Ca NGOs er Ec be nd o e ted wees here da from involv s e ot s t ion, r es t roc s China c unio a f a t a t t als e t , o d nat Ca t int ions ound on er at h (I o oo h na he ex io a s res me n at her t wit ov t ident f e sp ng ex he e ex Chi ionable ws -C io c s ’s (known oreign CCP w prov ns u es na n ions cha of da omic, ervie ome “ per ion e inc er pec w Bu s n ens in pres ex hi huma a n. ns T s h t t on s valu o f fund ed dia t iv a s ime about ric . ’s na ere s wit o Ch hina he as hat a t f T bit nd t r pres h so if R nges at bilat ept al One e c ers t ide he a t s able t under t he in Ar a . ied ) in us on t w he nd n s pos he ion f s i “ of me S dow c h , e ed , c or n ubs c . S unea polit i t ed bet ion t ed a y ons n gov exp t r Wes omment ing t ll-i s he ri o s a at t of inf off i a l he er at ome mone f I he t ed of c huma in ’ wit c it f c hu right s oun teri nt a he s nor in e regi or Chin le by if rit idia i ia t a d ive nf ed s c s GON t or p n er ic er wis of ec dia res l on er t t ic it ubs i t t s dia ont a ma l um t o 8 d hes he c er a h ialogue ri ic e hu or i a he ut n ms med t a t a d a perva nding a n t li by i int s t he ed ries out gh relat pec iz wit nd ha Ca s v t y n l ment lo req h ls h t huma n logues a med t io ion. n t i th er ma repor idua e ic s init e a nui t dia ed GOs bec f s gov gu ervie f ta iona t fro of right n t n Ca nt or c righ ese n or ed int a he a c dia Cult h t t uired ons t ad of a tu t ha s l n omes ing not o s iv t o e lo ng iat dvic h na Wes it m a t s ’ he iv ls a er a of more , erviewees s a f ) ri re here des ia n y logues st u uman t e t de nd s gu nd l with ts s w , . ensus p e s t ives. u s dian s “ nment from hing,” ghts se Ca Covenant rik n t he h t rights impact p most t t Burton lack businesses u h romotion ral v he ees o di cyn he em. e in tern es to ire uman fa ch safeguards c i c a iolations o oi they nada e) the o alo o s on s was International cto f input Chin di has Rights register situation n Canada unterparts increased. govern dialogu p icism to ri the as of a nt Chinese Others in that and descen o ointed a gue governments legal ghts, right and issues p lo government- f failed improve “mo the a transparen of deteriorated and ri noted 199 articipants felt who d a, gues, of clear ghts in i the ialogues on f the ncorpora a all (ICESCR whi of a All-China in reforms ment. o bout wh ti that to h other 7, as es the ding supported r v to expressed h m Civil to gue oping simplist p human hoped NGOs Chin dia d research record. none uman mis inde includ ie form and with le rocess Govern ile and p addres Cana el” trade the th re - Chi w atti h - c and a e sus - a - ) y to - , in to of s a na - - - in ic s - - s

INTERNATIONAL RELATIONS AND INSTITUTIONS 35 CHINA RIGHTS FORUM NO. 1, 2007 mentioned by Chinese participants, such as the presumption •“If we are truly outraged, which happens very little in of innocence in the Criminal Procedures Law, legislation to modern times, then we would be more strident in our dis - address violence against women and sexual harassment, and gust of the situation: cheap goods at what cost!” improved procedures in police conduct and prison manage - ment, but pointed out that important areas of concern to •“Any short-term harm to Canadian business caused by Canada such as those relating to religious freedom, labor rights speaking up on human rights would be miniscule com - and rights of ethnic minorities had shown little improvement pared to the long-term benefits to business of having China after several years on the agendas of dialogues between China clean up their legal system.” and a number ofWestern countries. •“I commend P.M. Harper for speaking up, even if this is not The new PM’s hard line in the short-term economic interests of Canada.” Burton’s report added fuel to the fire of debate over the bilat - eral dialogues, and also provided a mandate for Stephen •“Human rights violations cannot be ignored by the free Harper to take a tougher line on human rights issues . In mid- world, and business with China should be conditional.” November 2006, Harper flew to the Asia-Pacific Economic Cooperation (APEC) forum inVietnam with the pronounce - Support for this more rights-centered business approach ment that Canada would not “sell out” its position on human was echoed in Macleans , Canada’s national weekly current affairs rights to cash in on trade and investment with China. “I think magazine. 6 The article acknowledged the views of some busi - Canadians want us to promote our trade relations worldwide, ness leaders who were prepared to “tie [Harper] up, blindfold and we do that,” Harper said, “but I don’t think Canadians him and drop him into the middle of Shanghai” ; the Canadian want us to sell out important —our belief in Council of Chief Executives, representing leaders of 149 blue- democracy, freedom, human rights.” 3 chip corporations, in particular had come out publicly calling Harper made these comments, described as among the most on the Harper government to change its tack with China, forceful regarding China from a Canadian prime minister in which they felt would be counterproductive to the cause of recent history, as the Chinese government suddenly backed out human rights in China. But the article noted that overall public of arranging a private meeting between Harper and Chinese reaction had been supportive of Harper, and that even the busi - President Hu Jintao in Hanoi. Cancellation of the meeting plans ness leaders who opposed Harper’s tactics could point to no was attributed to Harper’s insistence on including human real harm suffered by business interests in other countries that rights in his discussions with senior Chinese officials, in partic - had taken a strong stand on China’s human rights situation. ular the case of the Uyghur Canadian Huseyin Celil, reportedly “There doesn’t seem much to lose,” the article remarked, sentenced to 15 years in prison in August 2006. Chinese offi - noting that Canadian exports and foreign direct investment in cials had refused any access to Celil by Canadian diplomatic China remained unimpressive throughout the time that the staff, and no Canadian diplomats were present when Celil made Chrétien government was implementing its more tactful form another court appearance in Urumqi in February 2007. 4 of human rights diplomacy, and that “China’s human rights Harper’s stance was hailed by rights groups like ours and record remains as shabby as ever.” “If there’s little downside to the Uyghur American Association, but received a mixed reac - speaking out, and little upside to clamming up, it’s pretty hard tion from other sectors of the public. Some newspaper editori - to justify the latter,” the article concluded. als and business figures accused Harper of putting Canadian business opportunities at risk. The debate continues At the same time, a poll conducted by COMPAS Inc. for the At the end of October 2006, the Subcommittee on Human Financial Post under sponsorship of BDO Dunwoody LLP in late Rights and International Development of the Canadian Parlia - November found strong support for Harper among a selected ment’s Standing Committee on Foreign Affairs and Interna - group of business leaders. Most of the 100 CEOs and leaders of tionalTrade initiated a formal review into the Canada-China the predominantly small and medium-sized corporations par - Human Rights Dialogue, with presentations from a range of ticipating in theWeb survey felt that Harper’s public stand in activists and rights organizations.The hearings are still in defense of human rights in China would cause no short-term progress, with no timetable set for final deliberations on the pain for Canadian business. Some said the tough line was justi - issue. But in the meantime, the dialogue originally set for fiable even if Canadian business incurred losses as a result, spring of 2007 has apparently been postponed indefinitely. because in the long term Canadian business would benefit We’ve heard, however, that there’s a lot of pressure from China from improvements to China’s legal system. 5 The polled busi - to keep the dialogue going. ness leaders expressed disappointment over the more subtle Groups testifying at the hearings are pressing for the dia - diplomacy practiced by Jean Chrétien; most felt that Canada logues to only be resumed in a revamped format that includes was entitled to express an opinion on China’s human rights greater consultation of interested groups, and as only one part situation, and that China could become an excellent force for of a multi-pronged approach to improving the human rights good on the planet if its legal system were improved. Some situation in China. 7 verbatim comments quoted in the poll included: Meanwhile, the China coalition is keeping up the pressure through regular lobbying of Parliament. Since we’ve made lit - 7 tle progress with Foreign Affairs, we’re aiming at Harper NOTES 0 0 instead, boosting his support and deflecting criticism of him 1. TheTeam Canada Mission, led by the Canadian prime minister, interna - 2 ,

tional trade minister and provincial leaders, aimed to increase economic 1

from business. It is not an easy or natural alliance between a .

growth in Canada through international business development. O

Conservative prime minister and rights groups, which are typ - N ically made up of political liberals. Not long ago, I went on the 2. Charles Burton, “Assessment of the Canada-China Bilateral Human radio defending Harper and saying business interests oppose Rights Dialogue,” prepared based on Department of Foreign Affairs and InternationalTrade (Canada) Letter of Agreement Number 12800 CB of him because they were spoiled by Chrétien. I gave Harper’s M

August 1, 2005, http://spartan.ac.brocku.ca/~cburton/Assessment% U government an A-minus on human rights. Afterwards another R

20of%20the%20Canada-China%20Bilateral%20Human%20Rights%20 O F coalition member telephoned me and scolded me for giving Dialogue%2019APR06.pdf . A regularly updated list of articles relating to S such a high mark to a Conservative. But from our point of T

the debate over the Canada-China Bilateral Human Rights Dialogue is H G view, Harper is still advancing the cause. posted on aWeb page created by Charles Burton, http://spartan.ac. I R

brocku.ca/~cburton/ . A N 3. Jennifer Ditchburn, “Canada will not sell out values in exchange for dol - I China: “The economic relationship H lars in China: Harper,” Canadian Press, November 16, 2006, http:// C goes hand in hand with the www.canada.com/topics/news/national/story.html?id=21b5e171-ab0

a-4a99-9ddd-8180c5232c0c&k=15454 . 7

political relationship.” 3 4. For a compendium of articles and materials on Celil’s case, see http:// www.huseyincelil.com . In February, HeYafei, China’s assistant minister of foreign 5. “Human Rights in China: Harper’s Public Diplomacy Outperforms S affairs for North America, was quoted in as N O

Chretien’s Quiet Diplomacy; Excellent for Human Rights, Neutral for I intimating that Canada would pay an economic price for T Business,” BDO Dunwoody CEO/Business Leader Poll by COMPAS for U T speaking out on the Celil case and other human rights issues: I

publication in the Financial Post November 27, 2006, http://www.bdo. T “The economic relationship goes hand in hand with the politi - S

ca/library/polls/documents/27Nov06-FPCEOPoll-HumanRightsin N I

cal relationship. I cannot say Canada is squandering (the rela - China.pdf D N tionship) now, but in practical terms Canada is lagging behind 6. Charlie Gillis and Andrea Mandel-Campbell, “Go on, take a stand: It’s A in its relations with China.” 8 possible to criticize China on human rights and do business with it,” S N

Macleans Magazine , March 5, 2007, http://www.macleans.ca/homepage/ O Harper responded at a subsequent press briefing, “Canada’s I T

magazine/article.jsp?content=20070305_103067_103067 . A trade with China has lagged for a very long number of years. It L

7. Full transcripts of the hearings can be accessed on the Canadian Parlia - E lagged under governments that were not prepared to speak out R

ment’s ParlVUWeb site, http://parlvu.parl.gc.ca/parlvuen-ca/Guide. L about human rights in any way, shape or form.” He added, “I A

aspx?viewmode=3&categoryid=57¤tdate=2006-11-30&eventid N O would point out today to any Chinese official, just as a matter =-1&languagecode=12298 . I T of fact, that China has a huge trade surplus with this country. A

8. Brian Laghi and Jeff Sallot, “Canada losing out on trade, China says,” N

So I think it would be in the interests of the Chinese govern - R

Globe and Mail , February 9, 2007. E T

ment to ensure that any dealings with Canada on trade are 9. MichaelTutton, “PM will speak out about Chinese record despite warn - N I absolutely fair and above board.” 9 ing from official,”The Canadian Press, February 9, 2007, http://www. Political trends are always shifting, along with a govern - cp.org/premium/ONLINE/member/National/070209/n020984A. ment’s priorities at any given time.The China coalition is not html . “Randal Palmer, “Harper warns China on human-rights trade complacent; we will continue our lobbying efforts to maintain threat,” Reuters, February 9, 2007, http://news.yahoo.com/s/nm/ the Canadian government’s resolve on human rights issues in 20070209/wl_canada_nm/canada_china_col_3 . China.

A Gift for You

BY OUYANG XIAORONG But rather a breeze that sings a foreign anthem at your window. Although, Ma chère, Morosely, I have wandered far, Should you feel chilly, Still I see you in my dreams I’ve a gift for you: Grasping the corner of your skirt: A northern kingdom all aflame— You’ve gathered for me I hope this is no empty promise. Spring branches from the willow tree . That evening sky awhirl with fireflies Is what’s left of me, Rendered into English by A. E. Clark Who was, five hundred years ago, a torch. The original Chinese poem was posted on theWeb site of Democracy Forum Fluttering moths fan my candle flame, (http://www.asiademo.org/ ), and can be accessed on the PeacehallWeb site, I don’t want an Atlantic gale, http://boxun.com/hero/2007/oyxr/13_1.shtml .