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China's rights progress not enough

The only lady vice minister in China's Foreign Ministry is Fu Ying, a well-coiffed, sophisticated, mild-mannered 57-year-old, an ethnic Mongol who speaks flawless English who has served as ambassador to the Philippines, Australia and the United Kingdom and who is known for her media skills.

A few weeks ago, those skills were fully on display when she gave an interview to Die Zeit, a highly respected German weekly newspaper. Not surprisingly, the subject of human rights in China was discussed.

Interestingly, the subject of human rights was introduced not by the interviewer but by Ms. Fu.

Asked to compare Europe and Asia today, the veteran diplomat recalled that three decades ago when she was an interpreter “human rights was always on the menu in our dialogues.”

But now, she said, “China has moved on, and the world has moved on. So much has changed.”

In fact, “in 2004, protection of human rights was incorporated into China's constitution.”

And yet, “European delegations still come to China with the same old attitude. They accuse and interrogate China in a condescending way. I really don't hear much mentioning of China's human rights progress.”

It isn't cleawr if she is genuinely puzzled. Of course, putting protection of human rights into the constitution was a positive gesture, and one that was reported by the international media. But the question is the extent to which this made a difference on the ground.

The Chinese Constitution is full of high-sounding principles and declares unambiguously that China is a country governed by law. But the promise in the constitution has yet to be realized.

For example, after the Lhasa riots in 2008, defendants were unable to be represented by lawyers of their choice. Lawyers who volunteered their services were warned to stay away.

The current Chinese constitution, promulgated in 1982, guarantees the Chinese people a host of rights, which include “freedom of speech, of the press, of assembly, of association, of procession and of demonstration.”

Indeed, similar rights were proclaimed even before the formal establishment of the People's Republic of China (PRC) on October 1, 1949.

On September 29, 1949, two days before the PRC came into existence, a Common Program was published which became the temporary constitution. Article 5 of that document declared that the people “shall have freedom of thought, speech, publication, assembly, association, correspondence, person, domicile, change of domicile, religious belief and the freedom of holding processions and demonstrations.”

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