Hong Kong Watch and 49 Civil Society Organisations express 'grave concern' at omission of human rights clause in EU-China Investment Agreement

Updated: 9 February 2021

Ahead of the upcoming Plenary session of the European Parliament, today a coalition of 49 civil society organisations (CSOs) have launched a Joint Appeal to the European Institutions calling for the inclusion of enforceable human rights clauses in the EU-China Comprehensive Agreement on Investment (CAI).

In the letter, the CSOs express “grave concern” at the omission of a human rights clause from the discussion about the agreement and its final text. They state that the omission: “sends a signal that the European Union will push for closer cooperation [with China] regardless of the scale and severity of human rights abuses carried out by the Chinese Communist Party, even when Beijing is in direct and open violation of international treaties and continues to refuse to allow international monitoring of the human rights situation.”

The letter is addressed to the President of the European Commission, Ms. Ursula von der Leyen; the President of the European Council, Mr. Charles Michel; the Commissioner for Trade, Mr. Valdis Dombrovskis; the High Representative of the Union for Foreign Affairs and Security Policy, Mr. Josep Borrell; and the President of the European Parliament, Mr. David Sassoli.

CLICK THIS LINK TO READ THE LETTER

Alluding to both the growing evidence of forced labour and various European Parliamentary Resolutions on the subject of forced labour in Tibet and Xinjiang, the CSOs conclude that:

“It is evident therefore the European Union has a Treaty obligation, as well as a moral duty, to stand by its founding principles of democracy, rules of law and the universality of human rights in its negotiations with the People’s Republic of China. This is an obligation not only to the people suffering oppression and gross human rights violations, but also to uphold the international rules-based order.”

They provide the following recommendations:

“We call upon the European Union and its Institutions to ensure China ratifies core Human Rights Conventions before entering in the Agreement, mainly the ICCPR, and core ILO Conventions.

“The agreement should also include a human rights clause. This should be introduced via a Trade and Sustainable Development Chapter that uses binding language and provides for effective enforcement mechanisms in case of violation, the creation of an EU Domestic Advisory Group and effective monitoring and complaint mechanisms on human rights that can been seized by the affected populations and NGOs defending human rights. This mechanism should contribute to ensure the agreement will be implemented in conformity with international human rights law.

As a matter of transparency and participatory process, we urgently press the European Institutions to adhere to maximum transparency in the further negotiating process to allow for proper and informed public and parliamentary debate.”

Johnny Patterson, Policy Director of Hong Kong Watch, one of the organisations which initiated the petition said:

"Despite the widespread allegations of Uyghurs and Tibetans being forced into slavery, Angela Merkel and Emmanuel Macron made a suite of last-minute concessions on labour rights to get this deal over the line. The message sent by this decision is appalling in a year where human rights in China has deteriorated faster than at any period since Mao."

"If Europe is serious about being a bastion of liberal values, the European Parliament cannot allow the interests of the German car industry to trump international law."

Full list of signatories:

Anti-Slavery International

AREF International ONLUS

Arise Foundation

Associazione Italia-Tibet

Campaign for Uyghurs

Centre for Labour Rights in Albania

China Aid Association

Chinese Human Rights Defenders

CSW

Clean Clothes Campaign

Clean Clothes Campaign European Coalition

Comunita Tibetana in Italia

ETUC European Trade Union Confederation/Confédération

Européenne des Syndicats

European Values Center for Security Policy

Fair Action

Federazione italiana Diritti Umani

Fight for Freedom. Stand with Hong Kong.

Gender Alliance for Development Center–Albania

Giamsè Jhien Pen Onlus

Global Committee for the Rule of Law "Marco Pannella

Hong Kong Global Connect

Hong Kong Watch

Human Rights Foundation

Human Rights in China

ICNA Council for Social Justice

Ilham Tohti Initiative

IndustriAll Europe

International Campaign for Tibet

International Federation for Human Rights

International Service for Human Rights

International Society for Human Rights Munich Chapter

International Trade Union Confederation

Lawyers for Uyghur Rights

Montreal Institute for Genocide and Human Rights Studies

No Business With Genocide

Nonviolent Radical Party, Transnational Transparty

Safeguard Defenders

Society for Threatened Peoples

SÜDWIND–Institut für Ökonomie und Ökumene

The Rights Practice

Tibeter Gemeinschaft österreich

Tibet Initiative Deutschland

Tso Pema Non-Profit

Uyghur Association of Victoria, Australia

Uyghur Center for Human Rights and Democracy

Uyghur Human Rights Project

Unrepresented Nations and Peoples Organization

World Uyghur Congress