 Germany's
new chancellor, Olaf Scholz, had his first telephone call with Chinese
President Xi Jinping on December 21. Scholz pledged to strengthen
economic ties with China, but he failed to mention human rights or the
destruction of democracy in Hong Kong. Pictured: Xi (left) chats with
Scholz (then mayor of Hamburg) upon Xi's arrival at Hamburg Airport on
July 6, 2017. (Photo by Sean Gallup/Getty Images) |
Germany's new chancellor, Olaf Scholz, has had his first telephone
call with Chinese President Xi Jinping. Scholz, who succeeded Angela
Merkel as chancellor on December 8, pledged to strengthen economic ties
with China, but he failed to mention human rights or the destruction of
democracy in Hong Kong.
The telephone call will disappoint those who had hoped that Germany's
new government — a three-way coalition consisting of the center-left
Social Democrats (SPD), the environmentalist Greens and the pro-business
Free Democrats (FDP) — would break with the past and take distance from
Merkel's policy of appeasing dictators and sacrificing human rights on
the altar of financial gain.
The call raises the question of who will determine Germany's China
policy: Chancellor Scholz (SPD), who advocates for pragmatism and
continuity, or Foreign Minister Annalena Baerbock (Greens), who is
critical of China and has called for a values-based foreign policy and
the implementation of Western ideas of human rights and the rule of law.
A 50-word German readout
of the telephone call, which was held on December 21, stated that
Scholz and Xi talked about "the deepening of the bilateral relationship
and economic relations" and "the development of EU-China relations."
A 950-word readout
of the conversation published by China's state-run news agency Xinhua
provided additional details, including apparent pledges by Scholz "to
inherit and advance Germany-China friendship and cooperation" and "to
work with China in the spirit of mutual respect and mutual trust to push
for further development of the Germany-China all-round strategic
partnership."
The Chinese readout added:
"Scholz said that he hopes the EU-China investment agreement will enter
into force at an early date, and that Germany is ready to work with
China to uphold multilateralism in international affairs."
That statement is problematic in several ways. The European
Parliament recently froze the EU-China trade deal, and it is unlikely
that the agreement will be ratified anytime soon, regardless of what
Scholz may have promised.
Moreover, the Chinese and the Europeans have mutually exclusive
understandings of the term multilateralism. Broadly speaking, the
Europeans view multilateralism as strengthening existing structures,
including the United Nations system, to enforce a global rule-based
liberal order enshrined in binding international treaties.
By contrast, China views multilateralism as counterbalancing the dominance of a liberal international order. China-led multilateralism has been described as "an interim arrangement in China's drive to acquire regional and global dominance."
German Coalition Agreement
Both the German and the Chinese readouts of the phone call omit any mention of human rights.
If Scholz promised to advance bilateral economic relations without
linking them to the protection of human rights, it would be a direct
violation of Germany's coalition agreement, which pledged
to make human rights the centerpiece of German foreign policy.
Strangely, Foreign Minister Baerbock has not commented on the statements
attributed to Chancellor Scholz.
The 178-page coalition agreement was presented with great fanfare in Berlin on November 24 after two months of haggling (negotiators reportedly
spent "hours" debating single sentences). It contains eight main
sections that focus on a panoply of domestic and foreign policy issues
to be pursued over the next four years. Human rights feature
prominently:
- Page 7: "For us, working for peace, freedom, human rights,
democracy, the rule of law and sustainability is an indispensable part
of a successful and credible foreign policy."
- Page 130: "We will deepen and re-establish partnerships in our
foreign, security and development policy and defend our values of
freedom, democracy and human rights."
- Page 131: "We advocate an EU that protects its values and the rule
of law internally and externally and that stands up for them resolutely.
As the largest member state, we will assume our special responsibility
to serve as an example."
- Page 135: "The EU's foreign policy engagement is committed to peace, international human rights and conflict prevention."
- Page 143: "We will make our foreign, security and development policy
more value-based and more European. Together with our partners,
including from civil society, we will work to preserve our free way of
life in Europe and to protect peace and human rights worldwide."
- Page 143: "Human rights as the most important protective shield for the dignity of the individual form our compass."
- Page 143: "For us, working for peace, freedom, human rights,
democracy, the rule of law and sustainability is an indispensable part
of a successful and credible foreign policy for Germany and Europe."
- Page 146: "Human rights policy encompasses all aspects of state
action on both an international and domestic level. In a global
environment in which central actors also regularly question the
universal validity of human rights, we want to defend and promote them
together with our partners."
- Page 147: "Civil societies — especially journalists, activists,
scientists and other human rights defenders — are indispensable for
building and maintaining functioning communities. We undertake to
strengthen and protect these people and their work in a special way,
even in the event of cross-border persecution.... We will create
additional positions for human rights work at suitable missions abroad."
- Page 147: "We will strengthen the European Court of Human Rights and
insist on the implementation of its judgments in all member states. The
EU sanctions mechanism must be used consistently and better coordinated
with our international partners."
- Page 147: "We will actively help shape the work of the UN Human
Rights Council and strengthen the UN High Commissioner for Human Rights.
We want to strengthen the work of the UN treaty bodies and special
rapporteurs and strive for the ratification of further human rights
conventions.... We want to strengthen the protection of human rights in
the digital age and make internet freedom and digital human rights a
priority for foreign policy."
- Page 147: "Impunity for human rights violations must end worldwide.
That is why we are committed to the work of the International Criminal
Court and the ad hoc tribunals of the UN and will work for the further
development of international humanitarian law. We support the
establishment of further UN-led fact-finding missions as well as the
work of UN investigation and monitoring mechanisms to enable future
criminal proceedings. In Germany we want to expand our capacities for
proceedings under the International Criminal Code."
- Page 147: "Based on the UN guiding principles of business and human
rights, we are committed to a European action plan on business and human
rights. We will revise the national action plan on business and human
rights in line with the supply chain law."
- Page 157: "We want and must shape our relations with China in terms
of partnership, competition and systemic rivalry. On the basis of human
rights and applicable international law, we seek cooperation with China
wherever possible. We want fair rules in the increasing competition with
China. In order to be able to realize our values and interests in the
systemic rivalry with China, we need a comprehensive China strategy in
Germany within the framework of the common EU-China policy."
- Page 157: "We strive for close transatlantic coordination in China
policy and seek cooperation with like-minded countries in order to
reduce strategic dependencies. Our expectation of Chinese foreign policy
is that it will play a responsible role for peace and stability in its
neighborhood. We are committed to ensuring that territorial disputes in
the South and East China Seas are settled on the basis of international
law of the sea. A change in the status quo in the Strait of Taiwan can
only take place peacefully and by mutual agreement. As part of the EU's
one-China policy, we support the relevant participation of democratic
Taiwan in international organizations.... The principle of 'one country —
two systems' in Hong Kong must be reasserted."
- Page 157: "We will clearly address China's human rights violations, especially in Xinjiang."
Xinjiang is a remote autonomous region in northwestern China that is
home to approximately 12 million mostly Muslim Uyghurs, a Turkic ethnic
group native to the area. Human rights experts say that the Chinese
Communist Party has detained at least one million Uyghurs in up to 380 internment camps, where they are subject to torture, mass rapes, forced labor and sterilizations.
Beijing is accused of seeking to forcibly eliminate the Uyghur
identity in its quest to create a unitary Chinese state. Uyghurs are the
second-largest ethnic group in China after the Han people, who lay
claim to the Xinjiang region.
EU-China Investment Deal
The Merkel government, apparently under pressure from German
industry, largely ignored human rights abuses in Xinjiang. In December
2020, just hours before the end of Germany's six-month EU presidency,
Merkel — together with French President Emmanuel Macron, President of
the European Commission Ursula von der Leyen and European Council
President Charles Michel (other EU countries were excluded from the negotiations) — hastily concluded the so-called EU-China Comprehensive Agreement on Investment (CAI).
The lopsided agreement,
which ostensibly aims to level the economic and financial playing field
by providing European companies with improved access to the Chinese
market, actually allows China to continue to restrict investment opportunities for European companies in many strategic sectors. The deal also lacks
meaningful enforcement mechanisms for issues that the EU claims to care
about, such as climate change and human rights, including forced labor.
In March 2021, the European Union, the United Kingdom and Canada, presumably under pressure from the United States, announced (here, here and here) that they had imposed sanctions on Chinese officials accused of Uyghur-related human rights abuses in Xinjiang.
China responded by imposing sanctions (here, here and here) on more than two dozen European, British and Canadian lawmakers, academics and think tanks.
In May 2021, the European Parliament voted overwhelmingly (599 votes in favor, 30 against and 58 abstentions) to halt
ratification of the CAI until Beijing lifts sanctions on European
lawmakers, academics and think tanks. The move, a rare display of
fortitude by an institution notorious for vacillation, reflected a
hardening stance in Europe toward the Chinese Communist Party.
If Scholz indeed promised Xi to advance the CAI, as China claims,
Germany's new government would be at odds with the European Parliament,
the EU's only directly elected institution.
Germany's Overdependence on China
China is Germany's biggest trading partner, with €212 billion in goods exchanged in 2020, according to the German Foreign Ministry. More than 5,000 German companies operate in China, according
to the German Chamber of Commerce in China. Some German companies have
become so dependent on the Chinese market that they cannot do without
it. For instance, China accounted for roughly half of Volkswagen's global car sales during the first nine months of 2021.
On December 20, a day before the Scholz-Xi telephone call, Volkswagen's Chairman of the Board, Herbert Diess, admitted
that the company is utterly dependent on China: "We need more
cooperation and presence in China, not less! It would be very damaging
if Germany or the EU wanted to decouple from China."
Diess wrote the post on LinkedIn, a U.S.-owned social media network. In October, Microsoft announced that it was shutting down LinkedIn in China due to pressure from the Chinese government.
Volkswagen operates a car factory in Xinjiang. During a recent interview with the BBC, Diess claimed
that he did not know about the detention of Uyghurs in Xinjiang. When
the BBC correspondent explained it to him, Diess responded: "I am not
aware of that."
Volkswagen, which was founded by the German Nazi party in 1937 and
used forced labor in its factories during World War II, has been accused of using forced Uyghur labor at its plant in Xinjiang.
In an interview with the BBC, Volkswagen's CEO in China, Stephan Wollenstein, defended
the company's presence in Xinjiang's capital, Urumqi, where it runs a
factory with 600 workers, producing up to 20,000 vehicles a year:
"What happened in the Nazi times was something that
happened in our factories where we had forced labor, people producing
Volkswagen cars. This certainly is an unacceptable situation. Therefore,
we are making sure that none of our production sites have forced labor,
and this is something that we specifically checked in Urumqi, and I can
assure you, we do not have forced labor."
When asked whether he could be absolutely certain of that claim and
give an assurance that none of the Urumqi workforce — of which around
25% is made up of Uyghurs and other minorities — had been in a Chinese
detention camp, Wollenstein admitted that he could not.
"We try to control our company-related processes,
including the HR process, which, for instance, means the hiring of
people in the best possible manner. And this reduces for us the risk
that something happens which we do not like and which is not complying
to our standards. But I guess we could never reach 100% certainty."
The China Director of Human Rights Watch, Sophie Richardson, called on Diess to allow independent human rights observers to have "unfettered access" to Volkswagen's plant in Xinjiang.
The British historian Timothy Garton Ash noted that Volkswagen cannot
afford to criticize the Chinese government. In an opinion article
published by the Guardian, he wrote:
"The company has got itself stuck between the rock of Xi
Jinping and the hard place of an increasingly outraged western public
opinion. The result could be a moral car crash.
"Behind this leading western company that is too dependent on China is a leading western country
that is at risk of becoming too dependent on China. Under Angela
Merkel, China has risen to be Germany's largest single trading
partner....
"In the 2000s, it was still just possible to believe in the possibility of Wandel durch Handel
(change through trade). But in the past decade, China has done more
trade, become more repressive and exercised more leverage over the west.
So, who has changed whom?"
Old habits, especially economically beneficial ones, are hard to break. On December 22, the German-Baltic Chamber of Commerce warned
the Lithuanian government that German investors may be forced to close
factories in Lithuania if Vilnius does not accede to Chinese demands
that it rename a representative office of the Taiwanese government.
On December 1, China blocked
all imports from Lithuania and ordered multinational companies to sever
ties with the Baltic country or face being shut out of the Chinese
market.
The extraordinary sanctions, which amount to a full economic boycott
of Lithuania, are in retaliation for the country's decision to allow
Taiwan to open a representative office in its capital, Vilnius.
Taiwan has other offices in Europe and the United States, but they
use the name of its capital city, Taipei, due to the host countries'
preference to avoid any semblance of treating Taiwan as a separate
country. Beijing insists that the democratically self-ruled island is a
part of the territory of the communist People's Republic of China and
has no right to the trappings of a state.
Lithuanian President Gitanas Nausėda says
that his country will not capitulate to bullying from China and that he
is committed to defending the principles and values of democracy from
attack.
On December 17, the Federation of German Industries (Bundesverband der Deutschen Industrie, BDI), a powerful business lobby, lashed out at China:
"The latest measures China has adopted against Lithuania
amount to a trade boycott that will impact the whole of the EU. Imports
from China, which are needed in German manufacturing facilities in
Lithuania, are also being affected, as are exports from Germany to China
which contain Lithuanian components.
"In the long term, the escalation by China is a devastating own goal.
It shows that China is prepared to decouple economically from
'politically undesirable' partners. It's clear to the BDI that any
damage to the value chains that are at the heart of the EU single
market, is not to be tolerated."
The BDI also criticized
Lithuania for being "out of step" with EU policy: "It remains important
to maintain economic relations with China on a high level."
Bewilderment and Consternation
Analysts, lawmakers and other observers who had been hoping that
Germany's new government would usher in a change of direction regarding
China have expressed disappointment at news of the Scholz-Xi telephone
call.
French Asia expert Antoine Bondaz tweeted that the German Chancellery should have published more details about the call:
"I really thought the Germans were smarter... Chancellor
Scholz just had his first call with Xi Jinping. And obviously Berlin
didn't publish an explicit report, allowing the Chinese to impose their
narrative. When will we learn? Europeans are incapable."
The South China Morning Post, a Hong Kong-based English-language newspaper, reported that Xi reminded Scholz that China has been Germany's largest trading partner in each of the past five years:
"Beijing has been increasingly anxious about a possible
shift in Berlin from former chancellor Angela Merkel's pro-engagement
policy towards Beijing, which could bring Europe's largest economy
closer to the US, now locked in a strategic rivalry with China.
"In a reflection of Beijing's eagerness to establish contact with the
new German leader, Xi sent a congratulatory message to Scholz less than
10 minutes after his position was confirmed.
"In stark contrast, it was more than two weeks after US President Joe
Biden took office before he received a note from Xi, long after his
counterparts in Germany and Britain acknowledged his ascension to
power."
Jakub Janda, director of the Prague-based European Values think tank, tweeted:
"Did the new German Chancellor pressure the Chinese
dictator during their phone call over the Chinese blackmail of
Lithuania, EU and NATO ally of Germany? Or does Germany still not care
about the strategic reality and is its foreign policy still driven by
greed and appeasement?"
The German newsmagazine Spiegel wrote that Xi, by seeking a "direct line" to Scholz, was "taking the lead" against Foreign Minister Baerbock:
"In a telephone conversation with Federal Chancellor Olaf
Scholz (SPD), Xi emphasized that both countries should see the
development of the other 'as an opportunity.' They should also preserve
the 'excellent tradition of high-ranking leadership,' the state media
quoted the president as saying.
"The statement can be seen as a concealed knife-jab against Foreign
Minister Annalena Baerbock. Xi apparently hopes that Scholz, like former
Chancellor Angela Merkel (CDU), will determine German China policy.
Baerbock had already announced a tougher course against China at the
beginning of December. Both sides should 'stay on course' in the
development of the relationship, Xi said now."
The German newsmagazine Focus agreed. It wrote that "between the lines," Xi "took a shot" at Baerbock.
China expert Mareike Ohlberg tweeted:
"I'm not yet ready to give up my optimism about the new
federal government's China policy, but Olaf Scholz is making it really
difficult."
German political scientist, Andreas Fulda, an expert on EU-China relations, concluded:
"Merkel will be judged harshly by future historians. She
has done little to prepare Germany and the European Union for the
challenges that the Putin and Xi regime pose to liberal democracies. And
Scholz is doubling down on her failed foreign policies vis-a-vis
autocracies. It will end in tears."