A long-awaited deal, the Comprehensive Agreement on Investment includes provisions for settling disputes and outlines clear rules against the forced transfer of technologies — a practice in which a government requires foreign investors to share their technology in exchange for market access.
The EU previously said the agreement should increase the transparency of Chinese state subsidies and make sustainable development a key element of the relationship between the two trading blocs.
China’s Ministry of Commerce said “both sides had made tremendous efforts” at a press conference following Wednesday’s meeting and that they had “overcome difficulties” to conclude talks. It said the deal focuses on institutional opening up with market access as the key principle of the deal, which will mean more investment opportunities for businesses on both sides and “a better business environment”.
But the EU expressed concerns about “the restrictions on freedom of expression, on access to information, and intimidation and surveillance of journalists, as well as detentions, trials and sentencing of human rights defenders, lawyers, and intellectuals in China.” The EU’s diplomatic agency, the European External Action Service, has called for the immediate release of Zhang Zhan, a former lawyer who reported on the early stage of the coronavirus outbreak in China and has been sentenced to four years in prison.
The issue of human rights could prove to be a sticking point for the deal clearing the EU Parliament, with critics drawing attention to reports of forced labour in some regions of China.
“The stories coming out of Xinjiang are pure horror. The story in Brussels is we’re ready to sign an investment treaty with China,” Guy Verhofstadt, a Belgian MEP for Renew Europe, said on Twitter. “Under these circumstances, any Chinese signature on human rights is not worth the paper it is written on”.
There could also be friction with the new US President-elect Joe Biden and his administration, as just weeks ago the EU proposed a trans-Atlantic dialogue to address “the strategic challenge presented by China’s growing international assertiveness.”
Amid concerns about the human rights situation in China, the EU said the seven-year-long negotiations were concluded in “principle” during a video conference involving Mr Xi, European Commission president Ursula von der Leyen and EU Council president Charles Michel. German chancellor Angela Merkel – whose country holds the rotating presidency of the EU – and French president Emmanuel Macron also took part in the discussions with the Chinese president, the EU said. Macron highlighted the “concerns” of EU countries regarding human rights and called for the “closure of internment camps”, according to the speech given by his office. He also pleaded in favor of “measures to ban forced labor” and called for “a visit of independent United Nations experts”.
According to the EU, the deal was negotiated after China pledged to continue ratifying the International Labor Organization’s rules on forced labor. “We are open for business but we are attached to reciprocity, level playing field and values,” Ms von der Leyen said.
The video conference launches a ratification process that will take several months. To enter into force, the agreement will need to be ratified by the European Parliament, and the issue of human rights could be a sticking point.
This post was originally published on Hans Thoolen on Human Rights Defenders.
