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Fidler and Ganguly n Economic and Social Rights Historically, developing countries led by India have insisted that all rights including economic, social and cultural as well as civil and political, have the same status and should be respected equally. In this sense, the latter are more fundamental than the former. As a result, the enjoyment and implementation of human rights is contingent on a certain minimum level of economic development. Can there be authority to intrude, but no responsibility or obligation to help remedy?

Indeed, the emphasis on civil and political rights allows the pursuit of the neo- liberal agenda by privileging private rights over collective social and economic rights. Puri at the 59 session of the Commission on Human Rights 21 March This leads most Indians to conclude that economics is the primary driving force behind norm-setting rather than an abiding faith or inherent belief in the values themselves. Only when we reach a measure of development homogeneity globally, would it be meaningful to seriously embark on an international protocol on a complaints mechanism.

Where necessary, such initiatives should be accompanied by the augmentation of resources at the national level by the international community so as to enable states to meet their commitments. If national capabilities are inadequate or deficient, the gap between standards and implementation will remain, if not widen. There are differences between India and Europe about the right of family. India has found European ideas about disharmony and forcible family separation not to be valid. It is willing to share its comprehensive infrastructure and institutional structure like the National Human Rights Commission with any country that wishes to take advantage of this.

Critical Reflections on The West Eurocentrism As the largest democracies in the world, India and the European Union are multilingual, multicultural, pluralist and complex societies. India was established on the basis of unity in diversity, which is the proclaimed objective of the EU. Cited in Hughes n This leads to falsifications not only of perceptions, but also of interactions and analyses regarding India. Double standards Many developing countries perceive the EU as not self-critical enough to admit human rights violations like racism, xenophobia, discrimination, racial and ethnic profiling, rights or migrant workers, etc. Indian stakeholders have often wondered how the EU espousal of human rights and its promotion of democracy could be reconciled with the political expediency of hugging military rulers responsible for ousting democratically elected rulers.

Foreign and security policy, politics, economics, human rights and social issues, media, civil society and intercultural dimensions Mosaic Books , Inconsistency in EU policy Whereas the EU calls upon third countries to accede to certain UN human rights instruments to which not all Member States are themselves party, e. Developing countries are also unhappy that while the European Union repeatedly emphasises the universality of human rights standards, no EU Member State has acceded to the UN Convention on the Rights of All Migrant Workers even though the United Nations considers this a core human rights convention. India is affronted when even small member states of the EU, such as the Nordic and Baltic countries; deliver sermons on relations with neighbours, human rights, nuclear non-proliferation, and international law.

We have enough democratic safeguards and are willing to correct, if necessary, on our own. An external stimulus may be necessary only in cases where national systems are inherently repressive and which are either unable, or unwilling, to improve human rights standards. As a former Indian Ambassador to the European Union states: No country more than India wishes to eradicate the endemic and pervasive evils of child labour, caste and gender discrimination and provide equal constitutional guarantees and opportunities to all its citizens.

Indeed, the Indian constitution is a model document in this regard. All these issues are deep-rooted and will take time to be resolved. We should not dissipate our energies by pushing for resolutions merely to satisfy domestic constituencies or worse, as tools of foreign policies. Elite Perceptions Indian elites felt that the EU displayed arrogance about its prosperity and stability and about human rights, not very understanding about the compulsions of the other parts of the world.

Interviewed in Delhi 16 March The enthusiasm for the role of civil society derives chiefly from it being perceived as key to the implosion of communism in Eastern Europe and the former Soviet Union and to the subsequent transition to democracy there. In the literature on democracy promotion, this approach has been subject to two main criticisms: first, it tends to narrowly identify civil society with NGOs, especially the Western- advocacy type of NGO, and to de-emphasize the role of institutions. Removed from the scene is the role of dominant global social forces, international institutions and political structures that lead to gross violations of human rights.

In the ultimate analysis, the responsibility for initiating and implementing the multitude of structural, economic, social and political reforms necessary to improve human rights implementation must be taken by Indians themselves. External players can only play a supportive role and their capacities to bring about fundamental change are necessarily limited. For instance, the call for a Commission progress report on human rights in India and the outcomes of the EU-India human rights dialogue. I know we are not taken seriously as a result. The EU too has realized that it is desirable to avoid counterproductive confrontations at high-level meetings while India usually agrees to talk about controversial issues as long as confidentiality is guaranteed.

A real dialogue only works if the arguments presented by the other side are taken seriously. Both sides occasionally fail to follow this principle. The elections were organised under an interim constitution negotiated to bring an end to apartheid. In President Mandela signed into law the constitution which now governs South Africa. The constitution establishes a strong framework for democratic governance and provides a bill of rights which incorporates both civil and political rights and socio-economic rights. However, despite all the progress made in the more than 20 years of democracy, South Africa remains one of the most unequal countries in the world and a widely divided society.

Upon re-entering the international community some twenty years ago South Africa under the leadership of President Mandela joined international organisations and ratified a number of international human rights treaties. Trade with the rest of the world, which had been limited due to sanctions in the last decades of apartheid, picked up and new trade agreements were concluded. The EU is a very important partner for South Africa in terms of trade, investment and to a lesser degree development assistance. The importance of South Africa for the EU should also not be underestimated both in terms of trade and as a potential ally in international diplomatic relations. Prior to the end of apartheid and the first democratic elections the relationship was very different and characterised by confrontation and eventually sanctions imposed by the then European Economic Community EC.

The reason for not holding summits the last couple of years is seemingly more lack of time than genuine disinterest from any of the sides. The Strategic Partnership represents a shift from solely political dialogue to the engagement of shared objectives and strategic cooperation on various issues relating to the protection of human rights. Human Rights Dialogue with South Africa Introduction Throughout the democratic era in South Africa, the EU has through dialogue engaged South Africa on issues of interest to it, including democracy, rule of law and human rights. Aim and structure of the dialogue The dialogue sets out to cover developments both in the EU and South Africa and the role of government and civil society in the promotion and protection of human rights.

An important aspect from the outset has also been discussion of cooperation in international fora, in particular in relation to the work of the UN Human Rights Council. The view expressed by the EU with regard to domestic issues is that no one is perfect but that the best way to improve any situation is to ensure independence of institutions. Controversial issues include whether the UN should adopt country specific resolutions which South Africa generally opposes. Instead the EU invites civil society organisations CSOs to a meeting to present their concerns ahead of the dialogue between the EU representatives and the representatives of the South African government.

However, considering the focus on multilateral issues in the dialogue few of South African NGOs main concerns are likely to be reflected in the dialogue. However, it should be noted that the EU engages South African government officials in many other dialogues and informal consultations mainly related to issues where the EU provide extensive support to South Africa such as health and education. The EU also approaches CSOs and other stakeholders such as the South African Human Rights Commission for their views on selected human rights issues in preparation of the human rights country strategy. South Africa and EU: Engagement on selected human rights a The rights of Lesbians, Gays, Bisexual, Transgender and Intersex People The Constitution of the Republic of South Africa adopted in in section 9 3 prohibits discrimination on the basis of among others gender and sexual orientation.

The constitutional In the EU approached CSOs to comment on issues of impunity and the rule of law; socio-economic rights, gender equality and women empowerment; inclusion related to persons with disabilities, migrants, racism and xenophobia ; and democracy specifically relation to parliament, freedom of expression, and civil society organisations. This progress among the EU member states have been accompanied with an increased focus on the promotion of LGBTI rights in terms of foreign policy.

This may be because South Africa is viewed as having a progressive legislative framework. However, as noted above this has not proved sufficient to ensure change in societal attitudes. To give an instance, while South Africa at the United Nations General Assembly in New York stressed its plan to organise a seminar to discuss the rights of LGBTI persons with other African countries, it failed to participate in the ministerial event meant to confirm the rights of this marginalised group. However, such dialogue still had to be undertaken. The Domestic Violence Act of provides for protection orders for people suffering domestic abuse, especially women and children.

South Africa still battles to overcome the patriarchal traditional culture that subordinates African women to an inferior status in comparison to their male counterparts. For example, gender-based violence is an area set as a benchmark for South Africa-EU human rights co-operation. In the context of the human rights dialogue, the two partners have agreed on a need to spearhead campaigns against gender-based discrimination. Nevertheless one should recognise that both South Africa and the EU are still confronted with gender- based violence despite having made a variety of attempts and agreements aimed at eradicating it.

The human rights dialogue is aimed at discussion of both issues of concern within South Africa and the EU as well as multilateral cooperation. However, it is clear that the latter, in particular engagement in relation to positions before UN human rights bodies, have come to dominate the dialogue. Civil society has a role to play but it is uncertain how much their concerns feature in the actual dialogue. There has been some engagement on national interventions in relation to certain EU priority areas such as the rights of women but little engagement on other priority areas such as LGBTI rights.

The almost exclusive focus on multilateral issues in the human rights dialogue has left little time for discussion of challenges at the national level, whether in EU member states or in South Africa. The same applies to other high level meetings such as the High-Level Political Dialogue. Introduction The EU is one of the major providers of developments assistance in the world. The EU aid envelope for South Africa for stands at Euro million, down from Euro million in the previous seven-year framework Development cooperation between the Community and South Africa shall be conducted in a context of policy dialogue and partnership, and shall support the policies and reforms carried out by the national authorities.

In particular, development cooperation shall contribute to South Africa's harmonious and sustainable economic and social development and to its insertion into the world economy and to consolidate the foundations laid for a democratic society and a state governed by the rule of law in which human rights in their political, social and cultural aspects and fundamental freedoms are respected. Within this context, priority shall be given to supporting operations, which help the fight against poverty. Support from the EU to South African civil society dates back to the days of apartheid.

The EC provided financial assistance to anti-apartheid organisations in South Africa, including to assist black South Africans gain access to higher education. It discusses both support to government and civil society organisations. Support provided by the EU to government and civil society Prior to , anti-apartheid civil society organisations had to endure persecution such as police harassment, arrest and censorship.

Considering that the apartheid regime was regarded as illegitimate, civil society became a trusted recipient of donations. By there were more than registered CSOs and roughly 50 unregistered ones. Their main areas of focus aligned to the South African National Development Plan are: i employment creation; ii education, training and innovation; and iii building a capable and developmental state. The programme seeks to reduce poverty and inequality through the improvement of policy formulation and operationalisation.

On going projects include initiatives to curb violence against women and children. The EU has recently decided to drastically reduce aid to South Africa. Some of the achievements of projects supported by the EU have been set out above. However, this does not mean that there are no challenges. One challenge is fragmentation with assistance being provided by many actors with little sign of coordinating of the efforts. An example of a collapsed project is support to a network of service providers known as Themba Lesizwe Hope for the Nation , an alliance between thirty-five NGOs and social movements that functioned under the South African Network of Trauma Service Providers.

Conclusion As highlighted in this section, the EU is one of the institutions which played a crucial role in strengthening democratic institutions in the country. Prior to the dawn of democracy in , the then EC openly expressed its disapproval of the apartheid system. The bloc took major steps in funding human rights organisations opposed to the apartheid government through the establishment of a fund meant for victims and sufferers of apartheid. Further, the EC pressurised the then National Party government through trade sanctions and funding to anti-apartheid organisations operating in the country. However such an action did not go without constraints, the apartheid state retaliated by introducing a variety of measures to criminalise anti-apartheid civil society funding.

In addition to that the effectiveness of sanctions against South Africa did not urgently bring about a change of heart; South Africa stubbornly went ahead with the apartheid policy amid trade restriction. After , cooperation between the EU and South Africa strengthened. This included increased funding for human rights groups. While the South African government has in some cases cooperated with CSOs to operationalise an EU funded project such as the PSPPD, it remains to be seen whether without the backing of EU financial support, it will have the same willingness to support projects previously funded by the EU. Introduction The National Development Plan NDP was adopted by the government in and is meant to eliminate poverty and reduce inequality by There is little direct reference to human rights.

However, many proposed interventions linked to employment creation, education, health, social protection and building safer communities are clearly linked to human rights. Furthermore, realising the extensive socio-economic rights guaranteed in the South African constitution requires significant resources. At the same time although human rights in general are not directly linked to levels of economic development it would be na√Įve to claim that realising and promoting human rights would not demand resources, while it is also reasonable to argue that economic hardships hardly provide an ideal setting for human rights promotion.

In this sense all economic relations of a country may have an, albeit indirect, effect on realising human rights. However, from an economic perspective the EU and other Western states are even more important. The agreement commenced on 1 January We can make a difference in the lives of people. The EU did not regard South Africa as a tough rival when it came to the industrial sector; it was only in agricultural sectors that South Africa was seen as rival. The National Development Plan, in line with the constitutional mandate, put great emphasis on strengthening employment creation, education, healthcare and social protection.

If the TDCA does not live up to the promise of promoting economic and social development, and through this the realisation of socio-economic rights, this is clearly something that both parties, and in particular the EU, should have assessed in their negotiations of the agreement that will replace the TDCA, the EU-SADC Economic Partnership Agreement. Of these all but Mozambique are members of the Southern Ibid, As in other EU trade negotiations there was little, if any, civil society participation in the negotiations leading up to the agreement.

First, whilst the European Commission aimed to negotiate comprehensive free trade agreements encompassing trade in goods and services which might stimulate structural reforms, South Africa and other members of the SADC EPA group avowed that there is the need to build administrative and institutional capacity first before addressing such reforms. However, arguably they do not go far enough to address the shortcomings of the TDCA. The Cotonou Agreement sets out key provisions for development, with stronger emphasis on issues as supporting regional-based economic cooperation, reciprocal trade and integration, democracy, good governance and human rights.

The impact of eliminating tariffs on imports from the EU might generate undue competition and thereby pose a threat to local producers in South Africa especially in instances where the EU is as a source of imports. Bilateral investment treaties Around South Africa started to cancel or not renew bilateral investment treaties BITs concluded in the s as the government considered that these BITs, mainly concluded with European states, limited its policy space. This Act, coupled with the recently approved land expropriation bill by parliament in May has raised serious cause for concern among foreign investors, including in the EU.

University of Dundee, 8. The main concern from a human rights perspective is that the Act would deter future foreign investment in South Africa which would lead to a decrease in employment and therefore government revenue. Conclusion The EU is an economic giant. This fact helped South Africa in the final years of apartheid when the then EC puts its economic might behind a sanctions regime to push for change. With regard to agriculture where South Africa, and the rest of the region, would have a competitive advantage in a level playing field, the EU has given fewer concessions.

Increased export revenue could be beneficial but must be balanced against increased competition for local producers from EU imports. The human rights related impact is in relation to employment, important in a country like South Africa with massive unemployment, and tax generation. The latter takes on particular importance in a situation where donors such as the EU are providing less and less financial assistance to South Africa as discussed elsewhere in this chapter. South Africa has extensive guarantees for socio-economic rights in its constitution. However, realising these rights requires significant resources. The EPA includes provisions on the importance of poverty reduction and sustainable development. However, its concrete impact remains to be seen, as Gammage suggests Assessing the real impact of the EPA on human rights standards in Southern Africa will take considerable time, once the full agreement has been implemented.

If drafted in a way that is sensitive to the economic reality of the Southern African region, the EPA could provide an alternative means through which human rights protection is strengthened. As the discussion above has shown, the EPA as adopted may do more harm than good. Every social grouping in world has specific traditional cultural beliefs and practices which reflect the values held by members of that particular group or community or a dominant part of the community for periods often spanning generations. Akin to several other African countries, some traditional cultural beliefs and practices in South Africa are beneficial to all members of the community, while others are harmful to a particular section of the group, especially women.

In South Africa today, the Constitution guarantees everyone living in the country human rights, include the right to live a life in dignity and protection of socio-economic rights. However, the lived reality of many South Africans is far from the promise of its Bill of Rights. There is limited awareness of human rights and it is generally only highly educated liberal persons who demonstrate deeper knowledge of the Western notion of human rights.

The contestation between traditional practices and power relations mainly plays out between South African actors. In referring to shared values with South Africa, the EU is clearly referring to what is set out in the Constitution. The lived reality of many South Africans is quite different from this ideal. Tracing the imposition of Western ideas on South Africans The Western notion of human rights is a challenge in multi-cultural societies such as South Africa. The cultural practices of the majority African population have for generations been ridiculed in favour of norms and values brought by colonialism.

African versus Western concept of human rights Given the fact that South Africa is multicultural country, there is a need for both native and western conceptions of human rights to be granted equal representation, traditional conceptions of human rights ‚ÄĒ embodied for example in the concept of ubuntu - are also essential in African communities. To explain an African concept in a western language can be elusive, and presumably defy the very essence of the African world-view. For this reason, the section will not attempt to define the concept but set out some of the perspectives expressed by authors discussing ubuntu.

Ubuntu is perceived as a metaphor that describes the solidarity of a group, where such solidarity is crucial to the preservation and survival of communities confronted with scarce resources. Arguably, the African conceptualisation of human dignity has been neglected in international human rights law. Mbiti, African Religions and Philosophy Doubleday Practices such as virginity testing and ukuthwala forced marriage continue to thrive amid the Bill of Rights. Oct Conclusion In South Africa, the importance of equality of cultures and values cannot be underestimated. Culture does not only provide individuals with ways of identity and self-gratification, but it can also serve as a vehicle for promoting and not violating human rights.

This section has attempted to underscore that the West espouses a notion of human dignity grounded on individualist and natural rights framework. It is, inevitable to anticipate that within a changing world some components of South African customs and traditional practices will be transformed. Despite this transformation, it is imperative to intimate that certain fundamental principles still remain, and that these principles should be accommodated into the global dialogue on human rights. In the long run, what is fundamental is for all people of all ethnicities to have a belief that their norms and values are equally represented in the human rights dialogue in the international community of cultures.

This is the only way that the international community can formulate authentic and convincing human rights standards. In summary, in a period where the debate on the rights to development is gaining grounds in Africa and Europe, the Afrocentric and not the Western perspective of society may undoubtedly be a useful tool for the revaluation of the responsibilities that a moral society owes to the individual and the individual to his society. The institutional framework of South Africa is westernised, albeit with constitutional protection of the right to culture and an institutionalised role for traditional leadership.

There is clearly a clash that will need to be addressed. The Chinese attitude towards the mechanism changes with time, which is evident in the long run as we will see below. For capturing the nature of the dialogue in general it could be said that China tends to respond in a selective way, emphasising the Chinese perspective and theories, while leaving out problems considered politically sensitive.

Although the mechanism does have influence it also has numerous shortcomings. All these should remind the EU of the importance of clearly understanding the limits of its influence, acting on the basis of mutual understanding and equality and showing respect for cultural differences. International NGOs have played a critical role in China's development. Through their activities and projects, international NGOs have promoted human rights in China, encouraged beneficial social transformation, made government decision-making more scientific and democratic and boosted the development of domestic NGOs. However, due to reasons such as the restrictions of policy and law, the lack of professionals, and the restrictions of traditional concepts in China, there are still some obstacles that restrict the capacities of international NGOs to promote human rights in China.

To overcome these obstacles, we raise some recommendations, such as proposing a constructive dialogue between NGOs and the Chinese government, the providing of training for NGO personnel and more resources to expand the influence of NGOs. In EU-China relations, the human rights and business relations are woven together. At the same time linking human rights with economic and trade relations faces numerous obstacles such as contradictory objectives within European organizations, but also cultural differences or the rapid development of China may create difficulties.

With the increasing cooperation between the EU and China in the fields of politics, economy and culture, there is a trend that these two regions have more consistent opinion in terms of human rights, however, there still exist several differences between China and EU in terms of human rights concepts. In spite of these the EU and China cooperate widely for the purpose of maintaining good and stable trade and economic relations.

Given that building these stable relations took a long time to establish, both the EU and China are advised to treat human rights issues cautiously and disagreements between the EU and China in terms of human rights should be negotiated through a constructive dialogue based on mutual respect and understanding. In this report we point out that both the Human Rights Dialogue mechanism at the macro level and support to NGOs in China at the micro level have influenced human rights protection in China. Below we suggest that during sensitive times such as the present it is essential for political dialogues and attempts for promoting human rights to respect cultural differences, equality and be based on mutual understanding.

According to the European External Action Service EEAS , the EU-China Human Rights Dialogue is a private intergovernmental dialogue that takes place on a bi-annual basis, as an ad hoc mechanism, which serves as both a channel for the EU to express its concerns about human rights issues in China and as a forum for China to respond. While from the Chinese perspective, the mechanism is a significant platform where China and the EU can handle human rights problems in a constructive manner. One of the most detailed accounts of the human rights dialogue is offered by Katrin Kinzelbach. First, we will briefly summarise the account she offers on the origins of the dialogue and second we will supplement it with a contrasting position offered by Professor Liu Hainian.

The question of Human rights in China came to the fore with the events at Tiananmen Square in Following this the West introduced sanctions against China. The human rights dialogue could be seen as a change of policy on the part of the West recognising that its sanctions and strident declarations were not bearing fruit, and efforts by China to avoid criticism and resolutions against China.

According to him the process started with changes in the ideological climate offering the possibility for opening discussions about human rights, providing the possibility for the dialogue in the first place. It is since those events that the focus of the West turned to China and China became the main target of western criticism led by the U. These criticisms overlooked that during this period China faced exacerbated social contradictions, which needed to be handled carefully to maintain stability. These were necessary for constructing a good international environment for China in which she could implement the transformation to a socialist market economy in the s.

Its temperate manner offered an adequate response to the double-standard practice of countries like the U. Furthermore, these efforts not only placed the overall situation of international human rights into perspective, but also made western politicians understand that confrontations and the isolation of China was not a productive strategy. This is the topic this section turns to. To get started, some problems should be clarified. Up to now, there had been altogether 34 rounds of the dialogue.

Although it is impossible to point out one overarching single theme and frame of the dialogues, there are some general characteristics that could be pointed out. For instance, it can be seen that human rights issues raised each year are generally compliant with major social events or international trends not always, of course. Thus, they are ‚ÄĒ at least partially ‚ÄĒ linked to global and national developments. Second, the sources of information are far from satisfactory. These documents are limited to basic information about the dialogue such as the place, date, the topic without details , occasional public statements by the heads of the delegations, but in general there are few comments introducing the perspectives of the parties.

Occasionally we supplement the information she offers by news excerpts from the China Society for Human Rights Studies and others. Evaluating the dialogue Kinzelbach points out that almost no single round of dialogue can escape the routine of selective introduction and discussion with rare concrete results, which is a more and more evident feature of this mechanism. In other words, during the dialogue sessions parties are fluctuating from one issue to another. In general, the EU side always focuses on the problems related to the civil and political rights, some politically sensitive areas such as Xinjiang and Tibet along with such issues as the death penalty, freedom of religion, freedom of speech, association and assembly, freedom of expression, association and assembly, re-education through labour system, administrative detentions , and individual cases related to these themes.

The head of EU delegation announced after the session that both sides disagreed sharply in both the fact and principles. As for the discussion part, parties discussed ratification and implementation of international human rights conventions, cooperation with UN human rights institutions, governmental management of NGOs, human rights education and so on. They further agreed that, launching dialogue on human rights on the basis of equality and mutual respect reflected the maturity of EU-China relations and deep mutual trust. The Chinese side also showed its confidence and determination in persistence of promotion of the cause of human rights and willingness to get useful experience from countries including the EU Member States as a member of the Human Rights Council.

The EU considered China to be an important and responsible actor in the field of international human rights, and was willing to strengthen the communication and collaboration with China in the field of human rights. During the discussion issues such as human rights, anti-racism, human rights protection in criminal justice, cooperation in UN human rights institutions were raised among others. In the introduction, the Chinese side introduced its measures to promote and protect human rights by accelerating law-making concerning human rights, deepening judicial reform, promoting open administration, strengthening the role of public participation in government affairs, protecting labour rights, passing the real rights law, reforming the household registration system as well as protecting the rights and interests of migrant workers.

Furthermore the Chinese side stressed that the Chinese government was putting the scientific outlook on development into practice fully and constructing a harmonious society, trying to solve problems related to medical treatment, education, housing, employment, social security and so on. At the same time, the Chinese government was advancing democracy and the construction of the legal system as well as the reform of the political system, constantly increasing the degree to which people enjoy all kinds of human rights.

As China had made progress in every aspect like the economy, society and democracy and the rule of law, the cause of human rights in China would continue to make new progress. During the introduction both sides offered an overview of new progress in human rights. During the discussion, they focused on the freedom of speech and media responsibility, the right to peaceful assembly, minority rights, and cooperation in the field of international human rights.

The EU introduced its new measures of promoting human rights, saying that the Lisbon Treaty introduced substantive human rights provisions, which would result in the Charter of Fundamental Rights of The European Union being legally binding thus leading to the expansion of human rights like the right to housing, a clean environment and so on. The EU side answered some questions raised by the Chinese side about the position and measures on defamation of Islam, racism, xenophobia and so on. During this session, because of the riots in Lhasa, Tibet, the Chinese side declined the request of several visits to these sites, but offered to organise a visit to a re-education camp through labour. The Chinese side also refused to provide any answers to specific cases.

During the visit to the re-education through labour camp, according to one member of the European delegation, everything was planned and the sphere was limited, it was almost impossible to gather the information they need. The 27th round of dialogue, was held in Prague, Czech Republic, from May 14th to 15th, This time, in the by now ritualistic introduction, the Chinese side laid stress on the National Human Rights Action Plan of China , the first national action plan that focused on human rights.

During the discussion, the Chinese side focused on its specific measures of furthering reform of the judicial system, ensuring judicial justice, participation in cooperation in the field of international human rights and so on. Both sides had a heated discussion on the rule of law in light of the crackdown on the weiquan lawyers in the discussion part, cooperation in the field of international human rights and so on.

The Chinese delegation also denied that there was any interception of petitioners and the existence of black jails. Instead, they said that those are guesthouses that serve to give shelter to and feed those petitioners. During the session, China also gave an answer list on individual cases except Tibetan and Uighur cases. The 29th round of dialogue was held in Madrid, Spain, on June 29th, The Chinese side emphasised that China was a country under the rule of law, so judicial authorities will handle cases independently according to law. The EU introduced measures on protecting the rights of migrant workers and so on. In the discussion, both sides exchanged views on issues like cooperation in multilateral field of human rights.

Again, the Chinese side stressed the principle of the rule of law and highlighted that judicial authorities handled cases independently. In discussion, both sides focused on cooperation in the field of international human rights, minority rights and the rule of law. In the introduction, Chinese side introduced its new measures and progress on recent amendment of Criminal Procedure Law, criminal judicial reform, social security and so on.

Also, the Chinese side clarified its principles and position on issues related to Tibet, Xinjiang and some individual cases. The Chinese side emphasised that China was a country under the rule of law, and judicial authorities would handle cases according to law. The Chinese side also strongly urged the EU to truly respect the interests and concerns of the Chinese side without interference in internal affairs, and to take an objective attitude towards human rights in China.

The Chinese side raised questions of xenophobia and racial discrimination as well. The EU introduced how it was protecting immigrants and minority rights. In the discussion, both sides exchanged views on international cooperation on human rights, criminal penalties, xenophobia, and racial discrimination. In the discussion, both sides had an exchange of views on cooperation in the field of human rights, minorities and criminal penalties.

The Chinese side raised the question of treatment of ethnic minorities in Europe, including Romani people, Muslim, and some cases involving Chinese citizens in EU member countries. Additionally, China enquired to what extent the financial crisis will influence the social and economic rights including rights to medical treatment, education and housing, and intensifying the xenophobia of Europeans.

Also, the Chinese side put forward the discrimination Chinese citizens faced in the Europe, which was answered preliminarily by the EU side. The Chinese side also expounded their principled position on Tibet-related and Xinjiang-related problems and individual judicial cases, etc. They also stressed that the Chinese judicial authorities would handle cases according to law and they were strongly against any foreign interference in internal affairs.

The first principle came as equal treatment and mutual respect, the second was the accurate orientation of the goal and the achievements of the dialogue. The third was coping with divergences and differences in a constructive way. Chinese side highlighted that, the world we live in was a diversified and colourful one. The Chinese side hoped the EU could think over how to improve the dialogue mechanism with a new horizon and new thinking. The Chinese side held firmly that the right to development was the greatest human rights, in that no single human right shall be discussed without the realisation of the whole population.

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