Opinion of the European Economic and Social Committee on EU-China relations: role of civil society
Date: 2006-03-15
Institutions: European Economic and Social Committee
Subjects: China, EU relations, cooperation policy, fundamental rights, human rights, labour law, non-governmental organisation, rule of law

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Opinion of the European Economic and Social Committee on EU-China relations: role of civil
society

(2006/C 110/12)

By letter dated 7 February 2005, the UK Presidency requested the European Economic and Social
Committee, under Article 262 of the Treaty establishing the European Community, to draw up an opinion
on the EU-China relations: role of civil society.

The Section for External Relations, which was responsible for preparing the Committee's work on the
subject, adopted its opinion on 20 February 2006. The rapporteur was Mr Sharma, co-rapporteur Mr Etty.

At its 425th plenary session, held on 15 and 16 March 2006 (meeting of 15 March), the European
Economic and Social Committee adopted the following opinion by 93 votes to two with three abstentions.

1. Background

1.1
This exploratory opinion is at the request of the UK
presidency. The development of a strategic partnership with
China is one of
the British presidency.
Commissioner Mandelson has also highlighted the need to
build relations with China based on human rights and the
notion of a more developed plural civil society.

the priorities of

freedom, democracy, equality,

1.2
The EU is based on values common to all its Member
States, which it affirms and promotes in its relations with the
rest of the world. These values include the respect for human
dignity,
law and
human rights. On the basis of these values the EU endeavours
to build partnerships with third countries and international,
regional or worldwide organisations which share the principles
of universality and the indivisibility of human rights and funda-
mental freedoms.

the rule of

1.3
Europe has a major political and economic stake in
supporting China's successful transition to a stable, prosperous
and open country that fully embraces democracy, free market
principles and the rule of law.

oped as well as developing countries, confirm this conviction.
The Committee has therefore advocated the development of
free, independent and representative non-governmental organi-
sations of employers, workers, farmers, consumers, environ-
mentalists, cooperatives, etc. It calls for legislation guaranteeing
the rights of these organisations and for ratification and imple-
mentation in law and practice of
instruments
covering these rights. These fundamental points of view
underlie the Committee's strong interest to cooperate with the
established, as well as the emerging, civil society in China. The
Committee will try to involve the European Federations of the
organisations represented in it on this.

international

1.6
The aim of this opinion is to examine the nature, the
function and the operational framework within which Chinese
civil society organisations operate and to make recommenda-
tions to enable EU and Chinese civil society improve relations
between the EU and China. Before briefly discussing the main
issues, the Committee wishes to point out that its observations
will be made in a spirit of mutual respect. If it comes to inter-
national standards by which the EU Members States as well as
China are bound, violations of
theses standards cannot be
considered as the internal affairs of a country. In such cases,
respect for the standards in law as well as in practice is a
responsibility shared by the international community.

China has

rapid economic
experienced extremely
1.4
growth and social structural change that has contributed to a
rising income for sections of the population, but which has
been accompanied by increasing inequalities in living, environ-
mental, health and working conditions as less advantaged
groups have been left behind. The absence of channels through
which the aggrieved can legitimately and effectively articulate
their rights and aspirations has led to a rising tide of social
unrest which threatens the hopes of the Chinese government,
fully shared by the EU, to build a prosperous and harmonious
society.

2. General remarks

2.1 Non-Governmental Organisations (NGOs)

2.1.1 T h e p osi ti on of N G O s i n Ch i na

The Committee has previously expressed the view that a
1.5
strong and independent civil society makes a major contribu-
tion to good governance and to political, economic and social
stability. Its contacts with civil society outside the EU, in devel-

2.1.1.1
NGOs have only developed in China since the begin-
ning of reforms in 1978. By the end of 2004, there were
289 476 registered NGOs in China. It is not known how many
of these are strong enough to allow them to act as partner
organisations for EU bodies. In addition, an estimated 3 000 to
6 500 foreign NGOs are currently operating in China.

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2.1.1.2
The Chinese definition of NGOs includes organisa-
tions in both social and economic spheres, therefore trade and
industry associations are considered NGOs. The Committee
considers that employer's federations and trade unions are an
important part of organised civil society, although they are not
NGOs in the strict sense of the term.

— NGOs with similar remits are not allowed to coexist in the
same geographic area. For example, if there is already an
association of disabled people in Beijing, then no new asso-
ciation of this kind will be allowed to register in Beijing.

2.1.1.3
Chinese NGOs are divided into ‘social organisations’,
which are membership organisations, and ‘private non-enter-
prise units’, which are non-membership, non-profit social
service organisations, such as private schools and hospitals.

There are eight big national social organisations
2.1.1.4
which are often referred to more specifically as ‘people's organi-
sations’ or ‘mass organisations’. These organisations, which
include the All-China Federation of Trade Unions (ACFTU), the
Communist Youth League (CYL), and the All-China Women's
Federation (ACWF), were in fact created by the state and
perform administrative and other functions on its behalf. The
ACFTU, the CYL, and the ACWF function as the Communist
Party's labour, youth, and women's department respectively.
Calling such organisations NGOs is therefore misleading.

In order to exist

legally Chinese NGOs must be
2.1.1.5
approved and registered by the Ministry of Civil Affairs or its
local branches in order to exist legally. The registration of
NGOs is governed by three regulations:

— Regulations on the Registration and Management of Social

Organisations (1998);

— Provisional Regulations on the Registration and Manage-

ment of Private Non-Enterprise Units (1998);

— Regulations on the Management of Foundations (2004).

2.1.1.6
to register. This is mainly for two reasons:

Current regulations make it difficult for some NGOs

— NGOs are required to find a ‘professional management unit’
to act as its supervisory agency. Only after obtaining the
approval of its supervisory agency can an NGO apply for
registration with Civil Affairs departments. The supervisor
must be a state organ or an organisation authorised by
such an organ. It must also be ‘relevant’ to the activities
proposed by the NGO, i.e. it must have responsibilities in
the same field in which the NGO operates. For example, a
literary society should be supervised by the Bureau of
Culture, not the Education Commission. On the other hand,
state organs are under no obligation to accept applications
for sponsorship from NGOs in their fields. For example, the
Bureau of Culture can refuse to sponsor any literary society
that wishes to register.

As a result of these rules, many grassroots NGOs
2.1.1.7
have been unable to register, either because they fail to find
government agencies that are willing to act as their professional
management units, or because other NGOs with similar
missions have already been registered in the geographical area
where they intend to base their operations. In order to exist
legally,
registered with Industry and
Commerce Bureaux as businesses instead, even though they
engage in public-benefit activities and are non-profitmaking.

some NGOs have

Some NGOs also choose not

to register at all.
2.1.1.8
Although non-registration makes them illegal, many such orga-
nisations have been left alone by the government, mainly
because the government considers their activities harmless.
However, their non legal status means that such NGOs are
particularly vulnerable to periodic government efforts to ‘clean
up and rectify’ the NGO sector. There is considerable evidence
that
the Chinese authorities have been intervening more
actively to monitor and control the activity of such NGOs in
the past year, in the belief that unauthorised non-governmental
organisations are actually or potentially anti-governmental
organisations and may prove to be a destabilising force.

2.1.1.9
The Committee understands that a new regulation
on NGOs is currently being drafted. It will, for the first time,
require all foreign NGOs also to register.

in China. The

A distinction is often made between ‘government-
2.1.1.10
organised’
former
and ‘popular’ NGOs
(GONGOs) are initiated by the government and receive govern-
ment subsidies. Their staff are often on the government's
payroll, and their leadership positions are usually held by
retired government officials. By contrast, popular NGOs are
initiated by individual citizens and receive no government
subsidies. Their staff are not government employees and they
do not have officials occupying their top management posi-
tions.

2.1.1.11
GONGOs sometimes have better connections to
the government. Because of such connections, the government
may place more trust in GONGOs and adopt a more hands-off
approach, thereby allowing them more de facto autonomy.
GONGOs also have better access to the government and more
opportunities to participate in decision-making.

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2.1.1.12
The vast majority of popular NGOs seek to work
together with the government instead of emphasising their
independence. After more than two decades of market reform,
the Chinese government has reduced its direct control over
economic and social activities, however, it still holds consider-
able sway in these spheres. Without a certain degree of endor-
sement and support from government agencies and officials, no
NGO can function properly. Gaining access to the government
is the only way NGOs can be effective, therefore Chinese NGOs
in general value access and influence over independence from
the government in the knowledge that the government still has
the power to control them, and will use it if they cross certain
limits.

2.1.1.17
Academics are important contacts for NGOs, both
those based abroad and Chinese. Foreign NGOs, but also the
European Commission, frequently cooperate with them and
support their research activities.

Hong Kong continues to have a thriving NGO
2.1.1.18
community active in providing services as well as in advocacy.
In both areas it is maintaining contacts with NGOs in neigh-
bouring areas of mainland China.

In managing NGOs,

the Chinese government

2.1.1.13
is
torn by conflicting goals. On the one hand, it encourages the
growth of NGOs, in order to pass on to them certain functions
which it used to perform itself under the planned economy
model. For example, it hopes that NGOs can share its burden
of social welfare provision and help mobilise societal resources
to supplement government social spending. On the other hand,
the government
is wary of NGO activism developing into
social movements which may challenge it politically and cause
instability. As a result, over the last two decades, the govern-
‘clean up and rectification’
ment has
campaigns to consolidate its control over NGO activities when-
ever it felt that its control had slipped. Despite these periodic
campaigns, the trend of civil society growth and expansion has
not been halted, as testified by the continued increase in the
number of NGOs.

launched several

In official publications, the Government has stated
2.1.1.14
that it is facilitating the work of hundreds of foreign NGOs,
active in more than twenty different fields in China, by granting
them legal status.

However,
it has also shown a strong preoccupation with
foreign-based NGOs and their Chinese partner organizations.
Several Chinese NGOs have reported that they have been target
of intensified control. They have also drawn attention to the
fact
that environmental and gender issues are now being
considered by the authorities to be ‘sensitive’.

2.1.1.15
The Government's main justification is that social
stability and the creation of a ‘harmonious society’ are absolute
priorities. The same reasons have been given for the arrests of
dissidents, and censorship of the internet. The Committee notes
that Western companies have sold China security tools and fire-
walls to control and restrict freedom of expression and infor-
mation. Some of these companies have gone so far as to sign
pledges of ‘self discipline’, promising to follow Chinese censor-
ship laws.

It

2.1.1.16
is striking that, although corruption is wide-
spread and also a topical item in China, local NGOs have not
begun to tackle this issue so far.

2.2 The present role of civil society in EU-China relations

2.2.1
Both the EU and China have declared that they wish
to promote interactions between their respective civil society
organisations. China's EU Policy Paper of 2003 states that
‘People-to-people exchanges and those between non-govern-
mental organisations of China and the EU should be encour-
aged’.

2.2.2
Although exchanges between civil society organisa-
tions in the EU and China have taken place, such exchanges
have not yet had any major impact on bilateral relations. In
EESC's Opinion on EU-China Relations prepared in 2003,
several recommendations were made on strengthening civil
society dialogues. For example, point 4.7 suggested that ‘The
EU should support and enhance dialogue between organised
civil society, economic and social interest groups in China and
justice (poverty reduction,
the EU on issues such as social
gender, greater participation, environmental protection, etc.)
and that it should include dialogue on issues such as human
rights, good governance and minorities' policies’.

‘Future visits of

Point 4.14 proposed that

2.2.3
the
Economic and Social Committee in China should not only be
used to strengthen contacts with the China Economic and
Social Council, but also to renew and to widen contacts with
the NGO community in China, (and in particular with the free
and independent among them) working in areas such as health-
care and environmental protection, along the same lines as
during the visit of July 2002’.

2.2.4
So far, no substantial progress has been made on these
points. During the EESC visit to China in October 2005, the
presidents of the EESC and CESC signed an addendum to the
Joint Declaration by Presidents of 2002. The addendum
proposes the establishment of a mechanism of annual meetings
to intensify civil society contacts between the EU and China. It
also proposes to ask the next EU-China summit to request the
setting-up of an EU-China Civil Society Round Table.

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2.2.5
These proposals represent concrete steps to strengthen
EU-China civil society linkages. They have the potential of
enabling civil society to play a more significant role in EU-
China relations ‘including the SAR Hong Kong and Macao’.

2.2.6 Wor k e r s a nd tr a de u ni on r i g h ts,

tr i p a r ti sm,

a nd i ndu str i a l r e la ti on s

In China legislation on workers and trade union rights
2.2.7
is much more restrictive than the regulations on NGOs. The
European Commission,
the European Parliament and the
Committee itself have repeatedly drawn attention to these
restrictions, which violate international
labour standards, to
which China and the Member States of the EU are both bound.
In particular China regularly violates international standards the
ILO Conventions 87 and 98 on Freedom of Association and on
Collective Bargaining.

2.2.8
The Chinese government claims that there is compre-
hensive legislation covering workers and trades union rights,
there is a serious gap between legislation and
however
prevailing practice. The Chinese government has very recently
acknowledged this. A Committee of
the Chinese People's
Congress has studied the situation in 200 enterprises and
concluded that in 80 % of these companies workers rights as
laid down in the legislation are seriously violated. The problems
are most acute in light industry, in building and construction
and in the mining sectors.

2.2.9
In the Committee's view a full discussion of the role of
civil society in EU-China relations must include a discussion of
these difficulties. It is important that the Committee expresses
its views on them and makes proposals for EU-China coopera-
tion in this area which should contribute to improvements.
These proposals should be studied and discussed in the frame-
work of the EESC-CESC cooperation.

2.2.10
As a member of the ILO, China must respect the
rights laid down in Conventions 87 and 98. These rights are
incorporated in the Declaration of Philadelphia, which is part
of the ILO Constitution. Violations of these rights by Member
States that have not yet ratified Conventions 87 and 98, can be
discussed within the ILO supervisory system, more specifically
in the Governing Body's Committee on Freedom of Associa-
tion. The basis of assessments made by this Committee is the
extensive case law on freedom of association and collective
bargaining, developed over several decades and universally
considered to be the result of objective, impartial and indepen-
dent legal analysis.

2.2.11
China has been criticised repeatedly during the past
few years, sometimes strongly, for violations of the rights laid
in Conventions 87 and 98. The major point of discrepancy
between China's trade union legislation and Convention 87 is
the trade union monopoly granted to the All China Federation

of Trade Unions (ACFTU). The Convention does not rule out
the existence of one single trade union representing the inter-
ests of workers,
if that is the wish of the workers, that is
completely in line with the ILO standard. What is in conflict
with the Convention is the establishment of a trade union
monopoly, by law, which outlaws efforts of workers who want
to set up an alternative organisation outside the ACFTU frame-
work.

The Trade Union Law also defines the political orien-
2.2.12
tation of the single trade union by stipulating inter alia, that it
shall uphold the leadership of the Communist Party of China. It
furthermore prescribes the principle of ‘democratic centralism’
which, as practised in China is alien to any democratic organi-
sation.

A law on collective bargaining does not exist

in
2.2.13
China. There are regulations for collective contracts which have
rather a consultative than a negotiation character.
‘Collective
consultation’ is considered to be the appropriate instrument for
settling differences of interests between workers and employers.
Nothing in these regulations reflects key components of ILO
Convention 98 on the Right to Bargain Collectively, like the
promotion of collective bargaining by the government and the
principle that bargaining parties must not interfere in each
others' internal affairs.

As regards the application of the right to organise, in
2.2.14
practice, no independent trade unions are allowed in China,
and all efforts to set them up are severely repressed. Initiators
of such efforts face arrest, usually prison sentences and some-
times ‘re-education through labour’ -camps or placement in
psychiatric hospitals. Despite this repression, there is a clear
trend in collective action taken outside the ACFTU, including
organising
and NGOs
Independent
supporting workers seeking to defend their legal rights have
played an important role in supporting the rule of law in
China, but have come under increasing administrative and
police pressure during 2005.

activities.

activists

The People's Congress Committee report, referred to earlier, has
noted with regard to the application in practice of the law of
1995 on collective contracts that in 80 % of companies in the
private sector contracts are not in place as demanded by the
law. If there is a contract, its validity is usually less than one
year. Contracts contain more articles on workers' obligations
than on workers' rights. The situation is slightly better in the
state owned companies, according to the report.

An area of workers'

frequently
2.2.15
referred to in publicity on work place conditions where trade
union activity is lacking is occupational health and safety. A
well known example is the mining industry.

rights which is

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2.2.16
This is an interesting area for discussion and coop-
eration when exploring the role that civil society could play in
EU-China relations. The issue of occupational health and safety
is, of course, of a different nature than fundamental workers'
and trade union rights. China has not ratified any relevant ILO
Conventions, and many have not even been ratified by EU
Member States. Obviously, the right to organise is relevant for
the implementation of certain provisions of occupational
health and safety policies.

It is however interesting to note that a number of new organi-
sations, for example, the All China Business Owners Federation
represent the interests of ‘new capitalists’. Also there are a
representing
number
academics and professional
interests providing a close link
between professionals and the government and provide a
forum to meet and discuss ideas and progress.

socio-professional

organisations

of

2.2.17
Against this background, the Committee welcomes
the decision of the Chinese government to appoint 100 000
worker safety representations in China's 24 000 coal mines
and its willingness in helping to train them.

2.4 Industrial relations and tripartism

2.2.18 With respect to workers' and trade union rights, the
Economic and Social Council of the United Nations noted in its
reaction to China's first report on the implementation of the
International Covenant on Economic, Social and Cultural
Rights i.e. the following principal subjects for concern in addi-
tion to the prohibition of the right to organise and hazardous
working conditions:

— discrimination in labour and occupation;

— the use of forced labour as a corrective measure without

charge, trial or review;

— hazardous child labour;

— violations of rights of internal migrant workers;

— wages insufficient to provide a decent standard of living,
particularly in rural areas, and the persistent problem of
wage arrears, especially in the construction sector.

In 2003,

Against this background, the Committee must reiterate
2.4.1
its concern about ongoing and increasing social dissatisfaction
figures, 2004 saw some
and unrest. According to official
74 000 major workers' protests,
involving more than 3.7
million people.
the government counted 58 000
actions. Since 1994, when there were 10 000, the figure has
been constantly rising. Widespread social unrest is a major
threat to stability. Apparently, the Party and the government
still think that continued high economic growth and propose
attempts to reduce the most glaring inequalities will to be
acceptable to the Chinese workforce. As such they are having
to walk a tightrope between rapid development and stability.

the early
The Committee remains convinced that
2.4.2
development of a modern system of industrial relations with
free and independent actors is one of the crucial safeguards for
stable economic transition. Genuine tripartite consultation in
line with the definition of ILO convention No 144, which is
based on the notion of autonomous workers and employers
organizations, could be a cornerstone of such a system.

2.3 Employer rights organizations

Under the present conditions,

2.4.3
the role of a civil
society in the process towards such a system can only be a
very limited one.

ILO Conventions 87 and 98 not only protect

2.3.1
the
rights of workers but also employers' rights. Since the late
1990s, the China Employers' Confederation (CEC) is trying to
develop some basic functions of a representative employer's
organisation. So far, progress is slow though not because of
government interference. Financial weakness, dominance by the
large state owned enterprises and the absence of a system of
industrial relations in which it could play a role are the main
causes of its very limited role. Subsidiaries of foreign-based
multinationals do not play any role in the CEC.

The CEC does not seem to be inclined to engage in
2.3.2
fully-fledged representation of the interests of its members. It
considers that the Party is capable of representing all the inter-
ests in China without contradictions, and by consequence it
defines its role in modest terms: to guide members to follow
the government's macro and micro regulations, to help solve
specific problems and to ask for fair treatment when appro-
priate. The other major employers' organisation, the All China
Federations of Industry and Commerce, holds the same views.

On the employers' side, subsidiaries of foreign multinationals
and the European Chamber of Commerce in Beijing could
engage themselves more in that process. However, they have
not shown great commitment so far. Perhaps the instrument of
corporate social responsibility, in which the Chinese Govern-
ment has shown some interest to date can play a role.

their members. There is an interest

Trade unions in the EU are, generally speaking, reluctant to
cooperate with the ACFTU as long as this organisation does
not seem to be inclined to enter the area of representation of
the interests of
in
supporting activities in China with respect to making workers
aware of their rights, training them in areas like occupational
health and safety, and providing them with legal assistance in
If such
court. Sometimes they cooperate with local NGOs.
activities will
lead eventually to the establishment of an
adequate system of industrial relations, they are the first (and
necessarily very cautious) steps on a very long road.

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3. Conclusions and recommendations

3.1
It is clear that having an effective engagement between
civil societies in the EU and China will not be easy. The two
cultures and the political systems are very different and we do
not, as yet, understand each other very well. While this is so
there is the danger that China will respond to EU concerns by
saying that our experience is not relevant to the situation;
telling them that they should be ‘more like us’ will not work.
However, engagement will be beneficial and must be under-
taken.

3.2
the
The EU needs to enhance its understanding of
complexity of civil society development in China. While the
emphasis on working with and support for genuinely indepen-
dent civil society organisations in China is understandable and
should continue to be maintained, the EU needs to appreciate
that even popular (as opposed to government-organised) NGOs
tend to have informal ties to the government and they attach
more importance to access to the government than their own
independence. The European Commission should continue to
explore the potential of some of the ‘mass organisations of
state’, like the All-China Women's Federation (ACWF) for the
promotion of democracy, human rights, and the rule of law in
China.
In recent years, some new initiatives and innovative
projects on these fronts have been launched by GONGOs, mass
organisations, and their local branches.

3.3
It is therefore recommended that the EU adopts a multi-
pronged approach, working simultaneously with different types
of NGOs, engaging them in different ways which take into
account their different strength and competence. It should also
expand its contact with civil society organisations at regional
and local levels.

The additional agreement on enhancing cooperation between
the European ESC and the ESC of China seeks to intensify their
working relations by establishing annual Presidential level meet-
ings with the delegations of each side to be composed of repre-
sentatives of various economic and social components of orga-
nised civil society. It also foresees a joint approach to ask the
EU-China summit to set up a bilateral Round Table on the
basis of existing cooperation between the European ESC and its
counterpart
is recommended that should this
proposal be agreed that membership on the Chinese side
include not only governmental organisations but
should
include significant representation from the civil society organi-
sations together with a facility for delegates to meet with inde-
pendent civil society organisations in the margins of Round
Table meetings.

in China.

It

these areas, it is therefore recommended that the EU lay more
emphasis on the need to respect existing laws. Asking the
Chinese government to abide by laws which it has drawn up
itself can add force to the EU's advocacy.

It

that

is recommended that

The EESC recognises

the Chinese government
3.5
remains deeply concerned about maintaining political and
social stability and fears that unrestricted NGO activities may
lead to instability.
the EU should
continue to seek to stress to the Chinese government that stabi-
lity and a vibrant civil society are not incompatible, as long as
the rule of law is respected. It can do so by using its own
examples, in particular those made by its new Member States
in Central and Eastern Europe, to demonstrate to the Chinese
government that a well-developed civil society can serve to
improve governance and enhance stability.

3.6
Given the extreme sensitivity of labour issues in China
at present, the Chinese government may not be ready to loosen
control over labour organisations. Only if the key issue of
freedom of association is systematically addressed in the inter-
national dialogue with China, can it be hoped that the govern-
ment will relax its grip on trades unions.

Given the Chinese government's willingness to see the
3.7
it is recom-
development of trade and industry associations;
mended that EU use this opportunity to help Chinese trade and
industry associations to learn from the experience of
their
European counterparts. Eventually positive development in any
segment of civil society could have a ripple effect on other
segments.

Against the background of possible reduction in the
3.8
EU's development assistance to China, both Chinese NGO
leaders and representatives of foreign NGOs in China argue
that the EU should at least maintain its current level of financial
support to civil society organisations in China. At present there
is very limited financial assistance to civil society organisations
from the Chinese government, private sector sponsorship of
NGO activities is also underdeveloped. It is recommended that
the EU should therefore
even
increasing its financial support to civil society organisations in
China, but targeting it at actions which also promote funda-
mental
the
rights. The
programmes of support for the development of civil society in
China provided and proposed by the Commission, and recom-
mends that
the EU should consider increasing its financial
support to civil society organisations in China but would stress
the importance of incorporating support for grassroots organi-
sations by providing small grants on the basis of a simplified
application process,
technical
support for the preparation of such applications.

including the provision of

consider maintaining or

EESC welcomes

and workers'

3.4 With regard to the rule of law in China, many civil
society representatives who met the EESC delegation suggested
that the enforcement of existing laws rather than the drafting
of new laws should be a priority. Many problems and deficien-
cies in governance, human rights' protection, and democratisa-
tion can be attributed to the disregard for and non-compliance
with existing legal provisions. In advocating improvements in

3.9
Equally important is continued EU support of capacity-
building programmes for Chinese NGOs. It is recommended
that the design of such programmes should be improved to
suit the specific needs of Chinese NGOs and must include
consulting with them.

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3.10
Chinese civil society representatives also argue that the
EU should use its influence to promote NGO-government and
NGO-business partnerships in China. It should encourage the
Chinese government to create channels for NGOs to voice their
opinions on public issues to the government. This is an issue
which the EU should take up. In its Opinion on EU-China Rela-
tions of 2003, the EESC stated that meaningful interest repre-
sentation by NGOs could only take place on the basis of
freedom of association (point 3.13). While freedom of associa-
tion is currently restricted in China, there is still scope for
increasing NGO participation in decision-making. The EU can
show the Chinese government and NGOs how civil society
organisations in Europe perform advocacy functions, monitor
government performance and provide input into public policy
so that China can take some positive lessons from the Euro-
pean experience.

Despite various restrictions on press freedom,

the
3.11
Chinese media have played a crucial role in fostering civil
society growth in recent years. It is recommended that the EU
explores ways of supporting a continued active role of the
media in China; including possible exchange visits by journal-
ists between the EU and China.

3.12
The EESC recognises that civil society in Hong Kong
continues to play an indispensable role in defending democracy
and human rights in Hong Kong and serving as an important
source of inspiration and support for civil society in mainland
China. It is recommended that contacts and cooperation with
civil society in Hong Kong should be maintained.

3.13
It is recommended that the EESC should, and other
relevant European civil society organisations, monitor and

Brussels, 15 March 2006.

encourage the Commission to follow up as appropriate, viola-
tions of fundamental rights with the European Parliament, and
with the CESC.

3.14
collective bargaining should be central
work with the CESC on human rights' issues.

The discussion of the right to organise and the right to
to the Committee's

The Commission must continue its dialogue with the Chinese
government with a view to helping it to overcome its deep
suspicion of ‘Anti-government Organisations’, the ‘Solidarnosc-
effect’ and the ‘coloured revolutions’. It should try to give a
positive content to the ‘labour cooperation of various kinds’
which the Chinese government has identified as an important
point in its proposals for Economic Cooperation and Trade in
its ‘EU Policy Paper’ of October 2003. The structural EU-China
dialogue on labour, employment and social affairs, agreed
between Commissioner Špidla and the Chinese minister of
Labour and Social Security, might provide a good opportunity
for doing so. The Committee will try to use its own contacts
with the CESC similarly.

The EESC will explore the role corporate social respon-
3.15
sibility and international Codes of Conduct for Multinational
Enterprises (in particular the OECD Guidelines) can play in the
contribution of foreign companies to the development of a
system of industrial relations in China.

It is recommended that special attention is paid to the role
trade unions, employers' organisations and, where relevant,
NGOs can play in the promotion of safer and healthier
working conditions at the workplace.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND