R17: A full reset of relations with China

Note: the resolution was drafted with support of the Taipei Representative
Office in the Netherlands.

The current state of political affairs has made it immeasurably clear the
importance of international solidarity in the enforcement of international law
and the right to sovereignty and self-determination of peoples. Now more than
ever must we uphold the protection of human rights and the principles of
democracy and international rule of law, condemning the oppression, subjugation
and bullying that global superpowers exert unto their own peoples and on smaller
states.

The People’s Republic of China’s (hereinafter PRC) authoritarianism continues to
remain unabated as reports of abuses, if not atrocities, committed by the state
grow.

The crimes against humanity and genocide of Uyghurs.

Over a million Uyghurs remain arbitrarily detained in internment camps, wherein
they are subjugated to forced labour, systematic sexual abuse and rape, and
torture; a further number of at least 600.000 Uyghurs have been forcefully
relocated under the PRC’s forced labour system. The Uyghurs are also subject to
extreme restrictions on freedom of religion and expression and the erasure of
their religious, ethnic and cultural identity, as the state has systematically
destroyed Muslim buildings including mosques and cemeteries, banned religious
practices and forced renunciations of faith, forced the separation of Uyghur
children for re-education, and brainwashing. It is now beyond reasonable doubt
that the PRC has implemented policies including mass forced sterilisations,
forced contraception, and forced abortions. Reports have also surfaced of forced
medical experimentation and mass deaths in camps.

It is thus clear that this is no longer simply a situation of cultural genocide,
but of crimes against humanity, including torture, and of genocide committed
against Uyghurs according to the definitions provided for respectively in
Article 7(1) of the 1998 Rome Statute establishing the International Criminal
Court, the 1984 United Nations Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and Article II of the 1948
Convention on the Prevention and Punishment of the Crime of Genocide. Similarly
there has been a clear breach of the right to (internal) self-determination of
the Uyghurs.

The right to self-determination, prohibition of crimes against humanity, torture
and genocide are ius cogens (peremptory) norms under customary international
law, and thus binding regardless of the PRC’s reservations; as well as erga
omnes obligations (owed to the international community as a whole) that fall
under universal jurisdiction. Although the ICC does not exercise jurisdiction
over PRC territory, the Court has held that “the Court may exercise jurisdiction
over crimes when part of the criminal conduct takes place on the territory of a
State Party”.

The formal recognition of the situation in PRC as a genocide is therefore of
significant legal importance as the first step to holding the PRC accountable.

PRC neo-imperialism.

Despite the lofty promises of the Belt and Road Initiative (BRI) in its
conception, it has become clear that the BRI has largely become a manoeuvre of
the PRC to expand its control to the rest of the world. The BRI has become the
avenue of the PRC to exercise debt trap diplomacy on less economically developed
countries, from Sri Lanka to Greece.

The PRC has further continued to increase military tensions and aggression
toward its neighbouring states, from its military interventions at the China-
India border to the ever increasing military pressure in the South China Sea.
The PRC has furthermore continued to exert pressure on any opposition abroad,
from its threats against Lithuania for establishing the Taiwanese Representative
Office, to sanctions of officials of states that criticise it.

The isolation of the Republic of China.

Despite the Republic of China (ROC, hereinafter Taiwan) fulfilling the criteria
of a state according to Article 1 of the Montevideo Convention of 1933, the
people of Taiwan are prevented from exercising their right to self-determination
and self-sovereignty by the PRC. Taiwan is also significantly limited in
meaningfully participating as a sovereign state within the international
political order, as it is prevented from membership or attendance of most
international organisations.

As a result of the PRC’s One-China principle, all states are forced to choose
between the PRC or Taiwan, as formal diplomatic relations with the PRC is
contingent on the severing of any formal relationship with Taiwan and therefore
the non-recognition of the Taiwanese government.

Furthermore, China has significantly intensified their aggression against Taiwan
and military pressure across the border over the past decade, going as far as
sending warplanes into Taiwan’s air defence zone. The PRC has also threatened
military action against any independence attempts of Taiwan, and throughout the
COVID-19 pandemic has continued to block Taiwan’s membership of WHO. Based on
the ICJ Wall Advisory Opinion 2004 and Reference Re Secession of Quebec, it
could be argued that the increased aggression and militarisation and
international isolation indicate a significant breach of the meaningful exercise
of the right to self-determination of the people of Taiwan.

A full reset.

The EU needs to re-evaluate its ties with China. We need a full reset of EU-
China relations – deviating from a focus of maximalising economic gain to
maximalising the respect for human rights, democracy, international law and the
international rule of law.

The Federation of Young European Greens reiterates R06 Standing up the Chinese
Authoritarianism of the 2020 General Assembly, and with regards to the crimes
against humanity and genocide of the Uyghurs, calls on the European Union and
the governments of Member States:

1. To formally recognise and declare the situation subjected to the Uyghurs
   as a genocide;

2. Based on this breach of international law,
   1. For member states to start universal jurisdiction investigations of
      the crimes against humanity and genocide committed by the PRC
      against the Uyghurs in order to pursue prosecution of the PRC within
      national regimes, and/or
   
   
   2. For the European Union to file a lawsuit against the PRC in the
      International Court of Justice and to pursue charges against the
      Chinese Communist Party in the International Criminal Court;

3. To implement European-wide trade sanctions on products originating from
   the Xinjiang Uygur Autonomous Region or associated with the forced labour
   of Uyghurs;

4. To implement European-wide diplomatic sanctions on PRC officials of the
   Xinjiang Uygur Autonomous Region, and eventually of Xi Jinping.

With regards to the neo-imperialism of the PRC, calls on the European Union and
the governments of Member States:

1. To denounce in the strongest possible terms the aggression of the PRC in
   the South China Sea and the debt trap diplomacy in the African and Asian
   regions;

2. To provide a feasible alternative to the BRI contingent on, amongst other
   aspects, respect for human rights, including:
   1. The adoption of the Build Back Better World (B3W) initiative, with
      EU-wide funding of the initiative,
   
   
   2. The ending of the externalisation of the EU border regime and thus
      the funding of authoritarian regimes in Africa via the EU Trust Fund
      for Africa and to replace this with intensified funding of pre-
      existing Official Development Assistance (ODA) mechanisms contingent
      on minimum standards and principles relating to, amongst others,
      human rights and environment and climate, such as that of the Blue
      Dot Network,
   
   
   3. Further expansion and intensification of the Global Gateway
      strategy, such as via further expansion of the European Fund for
      Social Development Plus (EFSD+).

With regards to the isolation of the Republic of China, calls on the European
Union and the governments of Member States:

1. To denounce in the strongest possible terms the increasing aggression and
   military build-up of the PRC against Taiwan;

2. To formally recognise the sovereignty of Taiwan and push for the full
   membership of it in the institutions of the institutional order, primarily
   the four core international agencies Taiwan is currently pursuing, WHO,
   Interpol, ICAO and the UNFCCC, and eventually the UN;

3. To further enhance engagement and broaden partnerships with Taiwan,
   including a reset of Member States’ One China Policy and the broadening of
   the scope of interaction with Taiwan beyond purely economic engagement
   such as the further collaboration of European and Taiwanese ministers;

4. To increase European foreign investment into Taiwan, for example by
   further intensifying the terms of the EU Bilateral Investment Agreement+
   with Taiwan, with a particular focus on Taiwan’s expansion of offshore
   wind energy;

5. Based on this, to eventually establish formal diplomatic relations with
   Taiwan:
   1. By recognising the official diplomatic missions of Taiwan with the
      EU and with the various Member States no longer as representative
      offices serving as de facto embassies, but as de jure embassies and
      diplomatic missions,
   
   
   2. And by doing the same for the representative offices of the EU and
      of the various member states in Taiwan.