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Human Rights Issues.

Dáil Éireann Debate, Wednesday - 26 January 2005

Wednesday, 26 January 2005

Questions (377, 378, 379, 380, 381, 382, 383)

Finian McGrath

Question:

441 Mr. F. McGrath asked the Minister for Foreign Affairs if he will raise the issue of the Falun Dafa practitioners with the Chinese Government; and if he will make a statement on the matter. [34164/04]

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Finian McGrath

Question:

453 Mr. F. McGrath asked the Minister for Foreign Affairs if he will raise the internment of a person (details supplied) in Tibet along with other political prisoners imprisoned by the Chinese Government, with the Chinese authorities. [1226/05]

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Finian McGrath

Question:

454 Mr. F. McGrath asked the Minister for Foreign Affairs if there has been a policy shift on the independence of Tibet and the need to end Chinese occupation; and if he will make a statement on the matter. [1227/05]

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Aengus Ó Snodaigh

Question:

462 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the points made by the Irish delegation to the Chinese Prime Minister during the recent trade mission to China; the specific points made on the ongoing occupation of Tibet; and the other human rights concerns raised. [1537/05]

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Aengus Ó Snodaigh

Question:

463 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the reason the Government cannot take a tougher line on human rights in China than the big EU countries as stated by the Taoiseach; and if this rule applied only to Irish policy on China or to all foreign policy. [1538/05]

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John Gormley

Question:

489 Mr. Gormley asked the Minister for Foreign Affairs if he raised the persecution of Falun Dafa in China with the Chinese Vice-Premier, Huang Ju, on his recent visit to Dublin, in particular the Vice-Premier’s personal endorsement of such persecution; and if he will make a statement on the matter. [1594/05]

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John Gormley

Question:

490 Mr. Gormley asked the Minister for Foreign Affairs if he has made any representation to the Government of China regarding the death sentence imposed on a person (details supplied); if he has sought this person’s release or an open retrial of the case; and if he will make a statement on the matter. [1595/05]

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Written answers

I propose to take Questions Nos. 441, 453, 454, 462, 463, 489 and 490 together, and to make a statement on these matters.

As has been stated on many occasions, the Government takes concerns about human rights in China very seriously. Human rights issues are a constant point of discussion with the Chinese authorities at both the national and the European Union level. Dialogue on human rights issues is a constant element of our bilateral exchanges. While recognising that respect for human rights in China is not at the level we would wish, the Government takes the approach of seeking to encourage the Chinese authorities to continue to move in a positive direction. This approach, which situates human rights issues within a broad dialogue on matters of mutual concern is shared by other European and North American governments and is the approach most likely to yield tangible long-term progress on human rights.

In May and again in October 2004, the Taoiseach held constructive bilateral meetings with Premier Wen Jiabao at which human rights issues were raised. At the invitation of Premier Wen, the Taoiseach paid an official visit to China, from 18-22 January 2005. The purpose of the visit was to discuss further the development of political, economic, social and cultural relations with our Chinese counterparts. The Taoiseach was accompanied at different stages of his visit by the Minister for Enterprise, Trade and Employment, the Minister for Communications, Marine and Natural Resources, the Minister for Education and Science, and the Minister for Agriculture and Food.

Official talks took place between Premier Wen Jiabao and the Taoiseach on 18 January, in Beijing. The Taoiseach also paid courtesy calls on Mr. Hu Jintao, President of the People's Republic of China, and Mr. Wu Bangguo, Chairman of the National People's Congress of China. The Taoiseach and Premier Wen discussed a wide range of issues including the issue of human rights. The Taoiseach, while recognising the different historical perspective of Ireland and China regarding the promotion and protection of human rights, stressed the importance that the Government attaches to China's continued progress in this area. The possibility of developing bilateral co-operation on furthering human rights norms was raised with the Chinese side.

The Taoiseach had an interesting exchange with Chairman Wu on the Chinese Government's efforts to promote human rights and the rule of law. Chairman Wu looked forward to Irish and Chinese parliamentarians continuing this dialogue at various meetings scheduled to take place during the course of this year.

Discussions on human rights issues also took place at official level during the course of the Taoiseach's visit. The Irish side raised the case of Ms Yang Fang. Ms Yang studied in Ireland some years ago, and it has been alleged that following her return to China, she was placed in detention by the Chinese authorities and has been prevented from resuming her studies in Ireland. We have raised Ms Yang Fang's case with the Chinese authorities through the China-EU Human Rights Dialogue, which is the agreed framework for raising individual human rights cases. On 18 January, the Chinese side reported that Ms Yang Fang was not in detention and that she had left her employment several months ago to care for her ageing mother.

On 16 November 2004, the Tánaiste and Minister for Health and Children, Deputy Harney, and I held official talks with the Chinese Vice-Premier, Mr. Huang Ju, in Dublin Castle. During our discussion on EU-China relations, I raised our concerns over human rights with the Vice-Premier. I also recalled that a number of specific issues were being addressed through the EU-China Human Rights Dialogue and that the Government looked forward to continued progress in this regard.

At that time, the Chinese Vice-Premier informed me of the measures his Government is taking in the field of human rights, which included the addition of an express provision on human rights to China's constitution in 2004. He stated that China wished to continue the regular EU-China Human Rights Dialogues and confirmed that China would attend the next session of that dialogue, due to be held in February 2005. China has recently upgraded its presence in the EU-China Human Rights Dialogue to director-general level.

The EU-China Human Rights Dialogue, established in 1996, is the agreed formal framework through which the EU raises its concerns about individual human rights cases, including those of Falun Dafa practitioners and more general issues, such as the protection of freedom of religion and expression, which have a particular impact on practitioners of Falun Dafa. These issues were raised at the EU-China summit, which took place at The Hague on 8 December 2004.

As stated previously, Ireland established diplomatic relations with the People's Republic of China in 1979 and has, from that time, recognised Tibet as an integral part of China. There has been no change in this position.

I am aware of the case of the individual, Mr. Butuk, to whom Deputy McGrath refers, who, I understand, was arrested in 1990 and charged with "counter-revolutionary activities" and sentenced to 14 years' imprisonment. It is alleged that he has been tortured and consequently suffers ill health. I will ensure that his case is raised with the Chinese authorities.

Tibet regularly features in our discussions within the EU, at EU-China meetings, and in our bilateral meetings. On 16 November 2004, I raised the issue of Tibet and recent developments during the official talks with Vice-Premier Huang Ju, in Dublin. In response, the Vice-Premier said that the channels of communications between the Chinese government and the Dalai Lama were open. Tibetan delegations had visited China since 2002 and met their relatives. China was continuing to work to ensure peace and development in Tibet.

At the EU level, Ireland, together with our EU partners, encourages the continuation of the dialogue between the Chinese authorities and representatives of the Dalai Lama. In this regard, I welcome the statement issued on 10 March 2004 by the Dalai Lama, in which he expressed the hope that there might soon be a significant breakthrough in relations with the Chinese Government, based on his "middle-way-approach," which addresses the issue of Tibet within the framework of the People's Republic of China, and that he has instructed his envoys to continue the process of dialogue with Beijing at an early date.

I am pleased that representatives of the Dalai Lama met the Chinese authorities in Beijing from 12 to 29 September 2004. Previous meetings between China and Tibetan envoys took place in September 2002, and May and June 2003. This third meeting in September 2004 was characterised generally as positive by Mr. Lodi Gyari the special envoy of the Dalai Lama. For the first time there was a substantive discussion between Chinese and Tibetan representatives on major, sometimes fundamental differences, including the issue of the delimitation of Tibet and the scope of autonomy. It is understood that there may be a further round of talks in 2005.

As stated previously, I am aware of the caseof Tenzin Deleg Rinpoche, to whom DeputyGormley refers. At the request of Ireland and a number of other EU partners, his case has been raised on a number of occasions with the Chinese authorities. Most recently, on 21 January, the EU ambassadorial troika carried out a further demarche on the Chinese authorities in Beijing. The troika expressed the EU's opposition to the death penalty and called on the Chinese authorities not to carry out the death sentence imposed on Tenzin Deleg Rinpoche. The troika further called on the Chinese authorities to allow due judicial process to be respected in the exercise of this case.

In response, the Chinese authorities recalled that under Chinese law, if a person sentenced to death with suspension of execution does not intentionally commit a crime in that period, his sentence may be reduced to a term of imprisonment of between 15 and 25 years and that the period of suspension in this case would end on 26 January 2005. It was understood that this provision applies to the case of Tenzin Deleg Rinpoche. However, the relevant legal procedures had not yet been completed at the time of the recent demarche. The Chinese authorities undertook to inform the EU as soon as the final judgment issues.

Together with our EU partners, the Government will continue to encourage the Chinese authorities to respect fully the human rights of all citizens, including those of the people of Tibet. For my part, I will continue to avail of my discussions with Chinese representatives to express our position in regard to these matters.

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