Reply to a Question from MEP on the Effect of Article 23 on Dafa Practitioners

Here is an answer from Chris Patten on behalf of the European Commission to the following question from Charles Tannock MEP regarding the threat posed to the human rights of Falun Gong practitioners by the implementation of Article 23 in Hong Kong.

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WRITTEN QUESTION E-3551/02
By Charles Tannock (PPE-DE)
To the Commission
(13.12.2002)

Subject: Article 23 legislation in Hong Kong and the rights of Falun Gong practitioners throughout China

What is the opinion of the Commission on the introduction of the controversial Article 23 legislation of anti-subversion law, and is the Commission concerned about the threat to the ability of those who wish to peacefully practise Falun Gong activites either in Hong Kong or in the rest of China to practise their beliefs unimpeded or without threat of arbitrary arrest? Has the Commission raised the issue of Falun Gong with the Chinese government, and does the Commission believe that the increase in the numbers of Falun Gong followers should be seen primarily as a desire on the part of many people to return to older, spiritual Chinese codes of behaviour rather than as a threat to the political dominance of the Communist Party itself?

Has the Commission also expressed concern over threats to religious freedom in China, and is the Commission hopeful that the new leadership under Hu Jintao will address this issue more readily in the future?

E-3551/02EN
Answer given by Mr Patten
On behalf of the Commission
(9 January 2003)

The Commission is aware of the initiative taken by the Hong Kong Government to start a consultative process in view of enacting Article 23 of the Basic Law. In addition the Commission appreciates the importance and political sensitivity of the issue in the global Chinese context. However, as the consultation document was drafted in general terms, it will only be possible to make an accurate assessment of its likely effects on human rights and fundamental freedoms, including the freedom of religion, once the draft bill is submitted to the Legislative Council. This should take place in February 2003. In the meantime, the Union is monitoring the issue and will strongly urge the Hong Kong Government to take the views of the Hong Kong population into account. A possible demarche to the Hong Kong SAR Government is under consideration.

Respect for human rights represents a central issue in the Union’s relations with China. In the context of the bilateral dialogue on human rights, established between the Union and China in 1996, the Union regularly raised individual cases of concern, including cases involving Falun Gong practitioners. Religious freedom is high on our agenda with China [Falun Gong is not a religion. For more information on the nature of Falun Gong, please click here]. It has been regularly — and will continue to be — raised in this framework.

In addition, the Union has on several occasions undertaken formal demarches to express concern about report of torture and ill treatment of followers of the Falun Gong movement who have been arrested, and has urged China to review harsh sentences imposed on them. In particular, the Union has asked China to ensure that safeguards of a fair trial, including adequate legal representation, and fully respected for all individuals. Concern about the violations of the human rights of the followers of Falun Gong was also expressed in the conclusions of the General Affairs Council on Human Rights in China in March 2002.

Regarding the question of the possible impact of Falun Gong on Chinese Communist Party, the Commission invites the Honourable Member to refer to the reply given to written question E-1969/02 by Mr Davies.

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WRITTEN QUESTION E-1969/02
By Chris Davies (ELDR)
To the Commission

Subject: Falun Gong

Is the Commission aware of allegations that the Chinese Government is persecuting and has persecuted practitioners of Falun Gong, and has the Commission made any representations to the Chinese Government about this issue?

Does the Commission believe that the Chinese Government has any acceptable justification for its alleged behaviour, and does it have any evidence that Falun Gong practitioners pose a threat to the stability of the state, to the Communist Party, to law and order, or to commerce in China?

E-1969/02EN
Answer given by Mr Patten
On behalf of the Commission
(17 July 2002)

The commission closely follows the human rights situation in China and is aware of incidents concerning Falun Gong practitioners. The Union has on several occasions undertaken formal demarches to the Chinese authorities, to express concern about reports of torture and ill treatment of Falun Gong practitioners. The Commission has urged China to review such harsh sentences, and to ensure that safeguards for a fair trial, including adequate legal representation, are fully respected for all individuals. It has also called on China to comply with the United Nations (UN) human rights covenants it has signed, which include provisions concerning freedom of expression and the right to a fair trial.

A bilateral dialogue on human rights was established between Union and China in 1996. In this framework the Union has regularly raised—and will continue to raise—individual cases of concern, including those of Falun Gong practitioners. The issue was also raised during the last round of the dialogue in Madrid in April 2002.

The Commission is not aware of any evidence that Falun Gong practitioners pose a threat to the stability of the China, to the Communist Party, to law and order, or to commerce, in China.