Theoretical Bottom Line on Human Rights Issue in China

I think more and more that all the issues are expressions of a deeper problem that the Chinese leadership and population in general does not understand much less internalize the meaning and important value of citizenship. To solve any of China's myriad human rights problems in a thoroughgoing way this has to be solved. If this is solved then all of the problems could be addressed meaningfully.

Report: 5,335 students dead/missing in China quake

facebook Charles Burton 07 May 11:59 Report: 5,335 students dead/missing in China quake Very hard to understand why Chinese Government refuses to acknowledge that there are problems in school construction due to corruption. Children are at risk in substandard school buildings built below code minimum standards with inadequately reinforced concrete, etc. http://news.yahoo.com/s/ap/20090507/ap_on_re_as/as_china_quake or here.

Letter from Canadian Coalition on Human Rights in China to Canadian Minister of Foreign Affairs

I very strongly endorse the contents of the letter sent on May 6, 2009 to Lawrence Cannon by the Canadian Coalition on Human Rights in China. It can be read here.

Conditions for Canada Getting "Approved Destination Status" for Tourism from China

I have heard from many sources the view expounded by DFAIT that the the sole barrier to China extending Approved Destination Status" is Canada's inability to return Mr. Lai Changxing back to China to face charges of smuggling, bribery and tax evasion.

The larger issue though is that the reason that Mr. Lai has not been returned to China is because of the ruling by Mr. Justice Yves de Montigny that contains two main elements:
1. doubt about the Chinese Government assurance that Mr. Lai will not face the death penalty if sent back for trial. Mr. Lai's own brother has died in prison under unclear circumstances. But possibly more importantly is the issue of how a diplomatic note issued by the Government of China can anticipate the result of a judicial process in a nation where the death penalty is applicable to serious economic crimes.
2. doubt that Mr. Lai can get due process of law in China. This is why Canada and China cannot negotiate an Extradition Treaty. The rules of evidence in China do not meet international judicial standards. Due to a 1988 Supreme Court of Canada decision, Mr. Lai as a foreign national enjoys the protection of the Canadian Charter of Rights and Freedoms the same as Canadian citizens do.

So the issue is larger than simply the Lai case. If the Canadian courts agree to return Mr. Lai to China to face charges this will have significant implications for all the large number of Chinese citizens who like Mr. Lai are alleged to have committed crimes in China and who are currently in Canada as Convention refugees unable to be made accountable for what they may have done before they arrived in Canada.

The barrier to Approved Destination Status for Chinese citizens to come to Canada as tourists rests with our Refugee determination process as a whole. The Lai case is simply one expression of a larger issue in Canada-China relations.

I discuss this at further length in my long report on Canada-China relations which can be read at http://www.canadianinternationalcouncil.org/research/canadianfo/areassessm

This matter was also discussed by me and Neil Tait of the Bank of Montreal on the TV program "The Agenda with Steve Paikin" on March 19. See http://charlesburton.blogspot.com/2009/03/streaming-viideo-for-canadas.html

National Human Rights Action Plan of China (2009-2010)

The Information Office of the State Council of the People's Republic of China issued the "National Human Rights Action Plan of China (2009-2010)" on April 13.

It can be read at http://www.china.org.cn/archive/2009-04/13/content_17595407.htm

It is a document of almost 16,000 English words in 27 separate web pages. I have combined all 27 into one to make it easier to read and print out as a complete text. The can be found here.

I expect to comment on the document on this blog some time next week.

Canada-China Relations on CTV "Question Period"

Video of my appearance on the CTV with Paul Evans of UBC on April 12: http://watch.ctv.ca/news/ctvs-question-period/april-12-2009/#clip160272

The interview of Stockwell Day by Craig Oliver done the day before can be found at: http://watch.ctv.ca/news/latest/day-in-china#clip160270

A report in the Globe and Mail challenging an aspect of the above interview that quotes my views: http://www.theglobeandmail.com/servlet/story/RTGAM.20090413.wchina13/BNStory/National/
or here
Highly favourable Chinese commentary about this Globe and Mail report: http://gb.cri.cn/27824/2009/04/16/2685s2486369.htm

A news report about my appearance on CTV "Question Period" today (Sunday) can be found at:
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20090412/qp_day_090412/20090412?hub=QPeriod or here

David Mulroney - Biographical notes

DAVID MULRONEY

Date of Birth:
November 1954

Education:
B.A., English, University of Toronto

Professional Experience

Since February 2007
Associate Deputy Minister of Foreign Affairs

2006 - 2007
Foreign and Defence Policy Advisor to the Prime Minister in the Privy Council Office

2005 - 2006
Assistant Deputy Minister, Bilateral Relations, Foreign Affairs Canada

2001 - 2005
Assistant Deputy Minister, Asia-Pacific, Foreign Affairs and International Trade

1998 - 2001
Executive Director, Canadian Trade Office in Taipei, Foreign Affairs and International Trade

1995 -1998
Executive Director, Canada-China Business Council

1992 - 1995
Commercial Counsellor, Canadian High Commission in Kuala Lumpur, Foreign Affairs and International Trade

1990 - 1992
Executive Assistant, Deputy Minister for International Trade, Foreign Affairs and International Trade

1988 - 1990
Deputy Director, East Asia Trade Division, Foreign Affairs and International Trade

1985 - 1988
Consul, Canadian Consulate General in Shanghai, Foreign Affairs and International Trade

1982 - 1985
Trade Commissioner, Canadian Embassy in Korea, Foreign Affairs and International Trade

1981 - 1982
Assistant Trade Commissioner, St-John’s Regional Office, Industry Trade and Commerce

Response to E-mail from a Friend Who Returned to China after an Absence of 26 years

I think that one thing that has not changed in China is the Stalinist-style security apparatus. What has changed is that the "soft power" capacity of the Chinese Communist Party to "win hearts and minds" has weakened substantially.

Additional sentences quoting my views at end of on-line version of Globe and Mail report about Stockwell Day's upcoming trip to China not printed

I am quoted in Campbell Clark's report: "Hawkish Trade Minister's Beijing trip signals policy shift" published on page A4 of the Globe and Mail on April 8. That report can be read here.
These two additional sentences are at the end of on-line version:
China would also like Mr. Day to make a clear statement that Canada supports a “One China” policy, and therefore holds no sympathy for the nationalist aspirations of Tibet or Taiwan. But Mr. Burton said that's unnecessary, and could be seen as tacit acceptance of repression.“If he resumes the policies of quiet diplomacy and makes a statement on One China, one will know that he's decided to go over to the policies of the Liberal government,” Mr. Burton said.
http://www.theglobeandmail.com/servlet/story/RTGAM.20090408.wPOLday08/BNStory/politics/

China Background of Nadir Patel, Canada's New Consul-General in Shanghai

Nadir Patel (BA, Wilfrid Laurier University, 1993; MBA, New York University Stern School of Business, London School of Economics and Political Science, HEC Paris School of Management, 2009) began his career in 1990 at Revenue Canada Customs, Excise and Taxation, serving in progressively more senior positions in the department’s offices in Kitchener-Waterloo, Ottawa and Montreal until 1996. From 1997 to 2003, he served in the Canada Customs and Revenue Agency as departmental assistant to the minister; director of ministerial services; agency adviser to the minister; and secretary to the Board of Management. In 2003, he transferred to the Privy Council Office, serving as chief of staff to the national security advisor to the prime minister, associate secretary to the cabinet, and deputy minister to the deputy prime minister. From 2005 to 2006, he served as senior policy adviser to the clerk of the Privy Council and secretary to the Cabinet. In 2006, he was appointed by the minister of international trade and the minister of transport to his current position as Canada’s chief air negotiator. Mr. Patel succeeds Susan Gregson.

Commons Question Period on China April 3

Mr. Don Davies (Vancouver Kingsway, NDP):

Mr. Speaker, the previous government consistently failed to raise human rights with China and placed almost exclusive priority on trade issues. The current government got off on the wrong foot by failing to establish a respectful and positive relationship with that important nation. Indeed, the Prime Minister has yet either to visit China or to invite President Hu to Canada.

We heard that the Minister of International Trade is set to travel to China imminently. Will he commit to raise the issue of respect for human rights in China, and work to establish a productive but principled relationship with that important country?

Mr. Gerald Keddy (Parliamentary Secretary to the Minister of International Trade, CPC):

Mr. Speaker, we always have a respectful relationship with our trading partners. It is also important to mention that we are in the process of opening six new trade offices in China, in six Chinese provinces, and expanded resources in other cities.

The hon. member would like to distort the facts. He would like to say that our international companies and corporations do not respect human rights or the environment. Nothing is further from the truth.

We also recognize that China is our third largest trading partner. We absolutely plan to continue to work in a respectful manner with it.


http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=40&Ses=2&DocId=3804969#Int-2698439

Message from a Friend in Ottawa on How He Learnt that My Report on Canada-China "Must Be Good"

"I am just sending you a brief congratulatory note on your CIC report on Canada-China relations. I think this is by far the most principled statement on Canada-China relations that I have seen so far. They criticized it so much at DFAIT yesterday that I knew it must be good. I subsequently read it for myself. You have done the right thing."

Translation of a Mainland Chinese Commentary on My Report and My Response to It

Canadian Think Tank Recommends that the Government Readjust Its China Strategy
(literal translation by Charles Burton of 加拿大智库：建议政府重新调整对华战略 which can be found at:
http://www.dwnews.com/gb/MainNews/Opinion/2009_3_20_4_7_51_919.html
or http://tinyurl.com/CIC-Report and many other sites on the Internet in China)

by Yan Hong (Vancouver)
Responding to the stalemate in Canada-China relations of the past few years, the long established Canadian foreign policy think tank, the International Council, founded in in 1928, recently produced a report on China policy. It was written by an expert in the think tank, Charles Burton. It is entitled "Reassessment of Canada's Interests in China and Renewal of Canada's China Policy Options." This report is divided into the following sections: Introduction; Trade and Investment; Immigration and Consular Affairs; Development and Human Rights; Political and Economic Relations; Taiwan, Tibet, Uyghur, Mongolian Issues and Falun Gong Issues; Public Diplomacy; Conclusion. The main points of the report are as follows:
1. The report points out that Canada is currently losing market share in China. It proposes that the Government of Canada clearly articulate a strategy to improve and promote access to the Chinese market by Canadian enterprises. This strategy should put emphasis on the distinctive characteristics of the Chinese market and business culture as well as the comparative advantages that Canada has over other competitors in the Chinese market. Moreover there should be very good coordination between the activities of the various Canadian trade institutions and organizations in China.
2. The report emphasizes that foreign policy toward China needs to move from aid diplomacy to human rights diplomacy. Development projects in the areas of good governance, democratic development and human rights should be engaged in through the Canadian Democracy Foundation. It recommends gradually phasing out the Canadian International Development Agency's Programs in China. Because the previous Canada-China Bilateral Dialogue was not effective, the Government of Canada should put its efforts into encouraging China to abide by the United Nations' Human Rights Covenants.
3. The report puts forth that Canada's China policy-making institutions such as the Department of Foreign Affairs, the Security Intelligence Service and the Department of National Defence lack "China specialists." It recommends that fluency in Chinese should be the prerequisite for recruitment of civil servants into the various Canadian Government institutions that formulate China policy. This should be measured by a formal language examination. The report recommends reducing the numbers of locally engaged staff working in Canadian consular offices in China. They should be replaced by staff sent out from Canada who have strong Chinese language skills and strong understanding of how Chinese politics functions.
4. The report asserts that it is not enough that the Government of Canada's level of contact with China is limited to the Chinese Ministry of Foreign Affairs and International Cooperation Offices. It should move beyond the sphere of the Ministry of Foreign Affairs and the various levels of foreign affairs offices to engage Chinese Communist Party Chinese Government policy-making institutions and establish direct contacts with these. The logic behind this is that these organizations have real policy-making functions. The policies that they formulate will impact on Canada's interests in China. The report acknowledges that Canada-China economic relations are asymmetrical. Because Canada lacks importance in China it is difficult to set up a strategic partnership relationship at the Deputy-Minister level. So the report suggests that Canada settle for establishing a mechanism for dialogue with Chinese ministries at rank of director-general and assistant deputy-minister.

To assess this highly strategic report by a Canadian think tank whose mandate is to inform policy formulation, people at different levels will likely have different interpretations of what it says. But one thing can be affirmed, this report will most likely make an impact on the Government of Canada's China policy. Although the Canadian International Council notes that the report does not represent the views of the think tank, according to Professor Burton, the author of the report, the report reflects the perspective of many Canadian scholars and senior officials. In addition, the Canadian International Council has gone to some lengths to promote this report. It is fair to say that this report represents the position and tendencies of the Canadian mainstream élite. So it is worthy of being taken seriously.

Professor Burton is a scholar diplomat who is a braintruster for both the academy and for government. He was a student at China's Fudan University and has served as Counsellor at the Canadian Embassy to China. He is presently a professor of Comparative Politics in the Political Science Department at Brock University. He has studied the politics of China over a long period and has been contracted to write many reports about Chinese affairs for Canada Immigration, the Department of Foreign Affairs and the Security Intelligence Service. So his views are not only representative but also authoritative.

Looking at the fundamental tone of the report overall, Professor Burton primarily analyzes Canada-China relations from the perspective of political science. His stance and views and analytical approach are more or less within Canada's traditional framework. But he has a sharp scholarly logical ability and extensive experience and knowledge of Canada-China relations. The viewpoint and strategic recommendations put forth by Professor Burton in his analysis has value for the Government of Canada. There are two points to make about this:
The first is that the the report engenders a sense of crisis. This is that Canada is losing the Chinese market by losing the its competitiveness in the Chinese market. This is an outstanding reality in current Canada-China relations. According to statistics given in the report in 2006, Chinese exports to Canada amounted to $34.5 Canadian dollars while Canadian exports to China amounted to $7.7 billion Canadian dollars. Canada has a trade deficit of $26.8 billion Canadian dollars.. The report indicates that while other G-8 countries have government trade agencies that are very active in China and which have strong coordination between them, the Government of Canada trade agencies in China lack a coordinated approach and the institutions have overlapping reduplicated mandates. The federal government and local governments don't work together. Canadian trade officials are relatively ineffective because they lack knowledge of the unique characteristics of the Chinese market and they lack knowledge of the Chinese business culture. Canadian businessmen in China often are not able to get active support from Canadian Government agencies in China. The report recommends that the Government of Canada change this state of affairs. It urges that the Federal Government and local governments, the western Canadian provinces and the eastern provinces all improve the coordination of their efforts, and become more familiar with the workings of the Chinese market and the unique characteristics of China's business culture. In this way they can create the conditions for Canadian enterprises to expand their share of the Chinese market.
The second is that in the report's section on Public Diplomacy there are some views expressed that are very insightful. Compared to the United States and the European Union, Canada lacks brand identification in China. Italy has Verdi, England has Jane Austen, Germany has Beethoven, the United States has Hollywood. They are able to have huge international cultural influence in China. But what does Canada have? One thing is Norman Bethune, another thing is Dashan. But their influence is limited. They cannot represent the brand of Canada's' international culture. On the contrary, Canada has damaged its reputation in China by offering sanctuary to Lai Changxing and other Chinese law breakers. In addition, Canada mainly relies on diplomats to promote Canadian cultural products. This is not an effective way to go about it. There is no Canadian TV series that has achieved any renown in China. Canadian Studies in China is of rather a low quality. The scholars involved in it are academic "second stringers," unlike the "first stringers" who yearn to apply to the Ford Foundation or apply to the programs of other important nations. Because of this, the report recommends that non-governmental agencies promote cultural exchange between the peoples of Canada and China. On this point Canada should learn from China. China already established five Confucius Institutes. But Canada has taken no comparable measures.
Nevertheless even though this report has points of brilliance, it also has some shortcomings. This is primarily due to a lack of understanding of China and a lack of confidence in people of the Chinese race (华人). First of all, the report ascribes the reasons for Canada losing market in China primarily to policies of the Government of China.. For example to manipulation of the Renminbi Yuan currency, hidden subsidies by the Government to state owned enterprises, weak protection of copyrights, unfair treatment of Canadian enterprises in China, etc. This is not fair. In fact, the degree of openness of the Chinese market is the highest of all the countries in the world. There is considerable preferential treatment for foreign enterprises extended. A large portion of China's share of its own market has been eroded by foreign invested enterprises.
Of course, there is fierce competition in the Chinese market. Anyone who wants to share a piece of that cake has to be fearless in battle like the character Shi Xiu in The Water Margin. But the Canadians just talk a lot and wait for someone to hand it to them on a platter. If Canada had the competitive spirit of the South Koreans, the state of affairs would be a lot different. Canada has a certain attitude of pompous self-importance and sees itself as even more "awesome" then the United States. So Canada undertakes a mission to raise up the banner of of promoting Western values. "Democracy, liberty and freedom" are universal values that definitely need to be advocated. But they should not become bats to beat people with at will. China has achieved enormous accomplishments in its development in recent years. The peoples lives have improved very substantially. International society cannot but see this reality. Even Hilary Clinton when she went to China was very careful in broaching matters that touched on these sorts of sensitive issues. She to the extent possible respected the feelings of her hosts. What is astonishing is that on the one hand Prime Minister Harper refused to attend the Olympic Games and regrettably missed an excellent opportunity to improve Canada-China relations, and on the other hand under his breath quietly implores that China set up a mechanism for a strategic partnership dialogue at the level of deputy-minister. This kind of logic is hard to follow.
Secondly, some of the assertions in the report appear to suggest a lack of trust in people of the Chinese race (华人). For example, the report indicates that the Chinese language facility of the diplomats at the Embassy of Canada to China is low. So they have difficulty in connecting with Chinese people. For this reason the Embassy must engage Chinese citizens locally to work at the Embassy. But because these Chinese people must bear loyalty to their nationality they are very likely to "reveal secrets" to the Government of China and thereby act as "spies." This is perhaps a little too obvious. But there is no evidence for it and it ignores the existence of people in the world who have professional ethics and moral integrity. The report recommends that they be replaced by sending more personnel who have Chinese language skills and other relevant specialized expertise from Canada. People cannot help but ask, so many people immigrate to Canada from China, why can't some of these Chinese people with fluent Chinese and relevant expertise be selected to be sent to work in Canada's representative offices in China? Chinese is their mother tongue after all! The report acknowledges that Chinese is Canada's third major language. Canada advocates human rights and multiculturalism. So why does the report not breathe a single word about people of the Chinese race (华人) becoming involved in government. Why is no suggestion along these lines made. This report has reservations about Canada's people of the Chinese race (华人). It it not about doubts their language ability and technical knowledge. It is about doubts about their degree of loyalty. This is regrettable.

Finally the report indicates that Canada needs to expand the sphere of its China engagement beyond the Chinese Ministry of Foreign Affairs and International Cooperation Offices. That Canada should have more contact with institutions in the Party and Government who actually have "policy-making power." In this way Canada could seek to better defend Canadian interests. From the Canadian point of view this is appears to be valid, but the report also calls for gradually phasing out the development program of the Canadian International Development Agency in China. This is worthy of discussion. The Canadian International Development Agency has been operating in China for 25 years. It has had a positive impact on China's development. It is an important cord binding together the fragile Canada-China relationship. If Canada is not prepared even to expend this small amount of money, then how can they prattle about promoting a strategy for promoting Canada's commercial interests in China.

On the whole this report systematically and in depth expresses the the sense of urgency that Canadian scholars feel about i,proving Canada-China relations. It demonstrates Canadians' "sincerity." But in comparison to Europe and the United States, this report has hard edges. It is aesthetically insufficiently "delicate." It is grating on the outside and and lacking consistency on the inside. What would happen if the Government of Canada fully adopted the strategy of this report to address current Canada-China relations is readily imagined. In fact Canada-China relations would not improve. Nor would the relationship get any worse.

March 19, 2009


Some comments by me:
1. I am very happy and grateful that my report is gaining so much attention and consideration in China.
2. My experience is that when a commentator accuses me of "lacking understanding of China" it is a sign that the Chinese writer has no reasoned argument to respond to what I have said.
3. I hold that the primary reason for Canada's declining position in the China market is due to Canadian factors. No reason why we could not be doing better than the Australians as Canada is a bigger and more populous country slightly closer to China geographically and with much the same demographic and economic characteristics as Australia. Australia's trade deficit with China is 1.2:1, Canada's is 4:1.
4. I have close friendships with Chinese nationals working at the Canadian Embassy in Beijing. I do suggest that we bring more people of Chinese origin into our Foreign Ministry, but I did not mention that we cannot bring in anyone with close family in China due to Canadian security laws that would not allow such people to qualify for security clearance: "family or other close ties to persons living in oppressive or hostile countries" making risk of "acting or being induced to act in a way that constitutes a threat to the security of Canada" by "disclosing or causing to be disclosed in an unauthorized way, classified information." Simply having become a Canadian citizen is not considered sufficient condition for high-level security clearance, sorry to say. So we need to recruit more from Canadians with Taiwan and other non-PRC origins.
5. I do not propose reducing the funding that the Government of Canada allocates for good governance, democratic development and human rights as well as environmental sustainability initiatives in China. I propose that this work cease to be on a government-to-government basis. Britain's Department of International Development has indicated that its programming will cease in China in 2011. Japan cut foreign aid to China in 2005.
6. I am surprised that my argument against Canada adopting a "One China" policy relating to Tibet, Uyghur, Mongolia and Taiwan issues has not been taken up in the Canadian or the Chinese press. I see this as a central content of my report.

Streaming Video of My Short Clip About "Belonging" for TVO "The Agenda" Week of March 22

Streaming Video for "Canada's Relationship with China" Episode of "The Agenda with Steve Paikin" Broadcast March 19

Link for Your Agenda: Canada-China relations (Thurs, March 19)

http://www.tvo.org/cfmx/tvoorg/theagenda/index.cfm?page_id=401&action=viewthread&forum_Thread_id=7864&forum_id=43

I will be a panelist on the TVO program "The Agenda with Steve Paikin" on Thursday starting at 8:00pm. Questions for the panel can be submitted to theagenda@tvo.org or twitter.com/theagenda

The video will be archived for viewing at www.tvo.org/TVO/WebObjects/TVO.woa?video?TAWSP_Dbt_20090313_779453_0

Two More Articles on Canada-Relations

Bill Schiller published an analysis piece in the Toronto Star this morning making reference to my recent report and quoting an interview with entitled "Why is Ottawa still bungling the China file?"

http://www.thestar.com/News/World/article/598211

The Chinese Communist Party line on Canada-China relations is given in the Beijing Review this week in Fred Edwards "Canadian Cold Front"
http://www.bjreview.com.cn/world/txt/2009-03/07/content_183202.htm

Slow Boat to Nowhere?

The Toronto Star published my opinion piece on Canada-China relations this morning (http://www.thestar.com/article/597365) under the title: "Sino-Canadian relations on slow boat to nowhere." I am not sure that I entirely agree with the title of the piece (added by the editor). My view is that the boat is indeed too slow but "nowhere" strikes me as something of an overstatement.

I am grateful to the Toronto Star for giving me the chance to present my views to a large readership in Canada's highest circulation newspaper.

Trade Minister Stockwell Day's Comments on My Report

On reflection I feel badly that DFAIT briefed Stockwell Day in a way that gave him a misimpression of the Chinese language abilities of our diplomats in Beijing. There is some degree of linguistic fraud being perpetuated here. I would really urge that DFAIT use the standardized test the "Chinese Proficiency Test" to measure Chinese language competence in future. China would not send diplomats to Canada unable to read English or French.

Fragment of E-mail to a Friend about My Report on Canada-China Relations

My report was finally released last week. It got media spin in the Globe and Mail as being mainly about spying. The other media interviews I have been doing on CBC TV and various radio all follow this line even though I ardently try and steer it toward the actual content of the report (response by interviewers who have a script of questions prepared by a producer being along the lines of "Yes, and going back to the security aspect . . ."). I am a bit despairing about it. Anyway on the upside in less than a week over 700 copies have been downloaded. I wonder who those 700 people are? I have been getting a lot of supportive e-mails from friends in DFAIT, CIDA and other people in Ottawa and China. No negative feedback received to date.