(De- ) Construc/ve ambiguity on values?

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(De- ) Construc/ve ambiguity on values? Tracing red lines in EU- China Human Rights Diplomacy (1989-2014) Thomas STIEGLER EUCE conference "State of the EU in Canada and the Asia Pacific Panel: EU International Development Policy Wednesday, 10 June 2015 at the Wild Rose Room, University Club, University of Victoria

Interregnum Transi/on Should an authoritarian China come to dominate interna<onal rela<ons, the place of human rights in world affairs would change. (Forsythe, 2006) There are strong signs ( ) that China is assuming a more ac<ve role within the UN Human Rights Council. (Catham House, 2012) The EU is in search for new structures of non- hegemonic, respecuul and responsible coopera<on in, by and for a pluralis<c world of increasing, but interdependent diversity (Mayer 2008). Stop being silent (Aaron Rhodes, Co- founder and principal inves<gator, Freedom Rights Project, 2013)

Contents 1. The dilemmas of Human Rights Diplomacy 2. EU- China HRD Changes in Policy & Discourse (1989 2014) 3. Conclusions & next step: Explaining changes

1. Introduc/on The dilemmas of Human Rights Diplomacy Conceptual approach Research project

1. The myriad faces of human rights (scholarship) Human rights Anthropology Cultural studies Human Rights Interna<onal law Human rights treaty system Human Rights Poli<cs of Human rights Human Rights diplomacy Transna<onal civil society 5

Human rights Diplomacy A Janus faced- concept Ulterior Foreign policy goals advance Human rights Diplomacy = Employment of Foreign Policy Tools to promote Human rights Values Ideas Ethical absolutes

Research context I. WHY DO THE EU AND CHINA ENGAGE EACH OTHER ON HRD? A. Establishing changes during CriGcal Junctures (1989-2014) a) DISCOURSIVE CHOICES b) POLICY CHOICES II. Under what condigons / through what processes do both sides HRD discourse and policy change? B. Explaining change: a) Theorizing changes: Addressing the Explanatory Gap of extant models b) Structural factors c) Learning / Socializa<on

Significance of HRD discourse Discourse sets the limits of legigmate and meaningful foreign policy (Diez 2013, 12) Verbal tools of persuasion only viable EU- FP tool available Path dependence & unintended consequences for policy Iden<ty = mo<va<ons in foreign policy ( What mo<vates our ac<ons should fit who we are )

2. EU- China HRD (1989-2014) Changes in policy & discourse

Discursive Choices Decision Matrix Dimension Discursive choices Nature of Human Rights Rela<ve / open to debate Universal / fix ObjecGves of HR Diplomacy Stability / Understanding Results / Persuade Challenges to HR Diplomacy Lack of norma<ve appeal (external) Incoherence / Capacity (internal)

Data: Discourse Analysis Variable EU Source China MoGvaGon CommunicaGons on China China's Policy Paper on the EU Internal ConstrucGon EU Annual Human Rights Reports European Parliament Resolu<ons Civil society advocacies Commentary on HR Dialogues Interviews with human rights diplomats White papers on human rights & Annual foreign affairs reviews of the PRC Think Tanks / Universi<es Newspapers Jointly constructed Appropriate on HRD Joint Press Releases / Joint Statements aaer summits and human rights dialogues Reader: The European Union and China, 1949-2008: Basic Documents and Commentary (Hart Publishing, Oxford, 2009).

ShiRing discursive to undermine red China (Beijing lines Review, (1989-2014) C. (2012)) 1979) Dimension HR = an instrument of bourgeois powers [The pluralis<c Commissioner] coexistence will ( ) of strongly different encourage values (Ding, the early ra<fica<on by China of the Interna<onal Conven<on on Civil and Poli<cal Rights (ICCPR). (2005) ( ) It is, ( ) the condi<onal linkage between Art. 33.3 The State respects and responsibili<es and human rights that we cannot preserves human Decision rights." (Second Matrix Session ( ) allow to go unchallenged. (Statement on of the 10th Na<onal People's Congress, 8. Deepen behalf exchanges of the European on human Union, rights 2004) 2004). at the bilateral ) and interna<onal level on the basis of HRC Human Social Responsibili<es Discursive Equality and choices mutual respect. Strengthen the (2004) [the Human EU s] Rights leadership Dialogue ambi<ons with construc<ve and its aspira<ons discussions [O]il to on be jointly companies a norma<ve agreed have key power priority are not areas. part ("EU- China of others hijacked 2020 role Strategic expecta<ons [China s Agenda ]foreign and for meet policy Coopera<on with including resistance, ", 2013, p. its 4) promp<ng stances on it the to review[ ] promo<on its of human objec<ves rights and adopt[ ] (Loke 2009) a more realis<c role concep<ons ( ). (Ahnlid and Elgström 2014, 87). Nature of Human Rights (HR) Rela<ve / open to debate Universal / fix ObjecGves of HR Diplomacy Stability / Understanding Results / Integra<on Challenges to HR Diplomacy Lack of norma<ve appeal (external) to understand beser the different aspira<ons, values Incoherence and interests of / our Capacity partners (internal) (European External Ac<on Service 2015b). 15-10- 09 The 2014 EU Centres in Asia- Pacific AUSTRALIAN Graduate Student Workshop 12

Trendlines of discursive choices Decision Matrix HRD Discursive choices: Trends for the EU and China 1989-2014 Dimension Discursive choices Nature of Human Rights Rela<ve / open to debate Universal / fix ObjecGves of HR Diplomacy Stability / Understanding Results / Persuade Challenges to HR Diplomacy Lack of norma<ve appeal (external) Incoherence / Capacity (internal) 1989 2014 1989

Policy: Internal Ins/tu/onaliza/on Ins<tu<onal: EEAS (2009) EUSR HR [1/7], 2012 Legal : Preamble, Art.2 Art. 3 (5) para.2, 21 (1) 2 (b), TEU (2009) Policy: Human Rights Clauses (1995) EU guidelines on human rights dialogues with third countries (2001); Human Rights Mainstreaming (2006) HR Ac<on Plan (2012)

and External Rela/viza/on De- linking 1989: CondiGonality Trade & Human Rights (1990/2000) The Commission and Member States have always ruled out all kind of condi<onality between human rights and trade nego<a<ons with China as counterproduc<ve. We have consistently stressed that trade and human rights were beser dealt with separately, within their respec<ve fora, and with the support of specific instruments (European Commission (Angelos Pangra<s), 2000, p.1)) Tacit Agreement to new terms No second Dialogue Round 2011 Chinese rejec<on of list of cases of concern New challenges: Arms embargo (1989), Human Rights Clause (prac<ce since 1995) in poten<al FTA

Policy: Emerging asser/veness on HRD Substance: Norma<ve contesta<on Human Social Responsibility (2004-2007) Confucius Peace Prize (2011) Re- elec<on into HRC to con<nuously enrich[ ] the theory of human rights. (2014-2016) Posture: Seeking leadership three ( ) joint statements on behalf of allied states (2012) Poverty high- profile joint statement on behalf of 32 states (2011) Arab Spring 15-10- 09 The 2014 EU Centres in Asia- Pacific AUSTRALIAN Graduate Student Workshop 16

Invested in Human Rights HRC a sixteen- fold increase in voluntary contribu<ons to the UN Office of the High Commissioner for Human Rights (2013-2017) Investment security needs (SoEs, e.g.) Mee<ngs with South Sudanese Opposi<on since December 2013 Security of Chinese peacekeeping missions special envoy to Sudan (2011) Need for na<onal resources Antarc<ca ( mare librum )

3. Conclusion

The dawn of a new HRD?

Human rights Diplomacy A Janus faced- concept Ulterior Foreign policy goals advance Human rights Diplomacy = Employment of Foreign Policy Tools to promote Human rights Values Ideas Ethical absolutes

Changing FP iden//es on HRD? Developing Country / Interna<onal Developing country Counter HRD Norma<ve power CompeEEon Market / trade power Chinese iden<ty Responsible Stakeholder Emerging power Passively assereve Media<ng Power AccommodaEon Promo<on of liberal interna<onalism

Next step: Explaining changes CN Human Rights improvements No improvements in EU priori<es (CPR) Economic symmetry Why / How does HRD persist? Coherence vs. Capability If I was the EU, I would concentrate on trade (Chinese HR defender, 2015) Learning / SocializaGon What do these explain and where are new answers needed?

新型文明人权外交关系? A new type of HRD? Thomas STIEGLER EUCE conference "State of the EU in Canada and the Asia Pacific" June 9-11, 2015 at the University of Victoria.