Justifiable Conformity?

Research on the Causality behind the Disturbances in the EU’s Cooperation with China in Priority Area ‘Civil Society’

Master’s Thesis

By Supervisor:

Angelina Haralampieva Per Lunde

European Studies, 10th semester

2010

Acknowledgements

Herewith I would like to express my appreciation to those who contributed to the completion of my Master’s Program in European Studies at Aalborg University, marked at last with the accomplishment of this Master’s Thesis.

I would thank the Authorities of AalborgUniversity and especially the Study Board for International Relations for facilitating favorable conditions to carry out the Program.

Furthermore, I would like to state my satisfaction with the opportunity to combine the European Studies Program with the innovative specialization in Chinese Area Studies, which I availed of with willingness.

Most distinctively, I would like to thank my supervisor, Professor Per Lunde, for our beneficial work together. With his attentive attitude, cooperative manner of supervision and nevertheless critical appraisals, he held our consultations according to the Chinese proverb - “Tell me and I will forget, show me and I will remember, involve me and I will understand”, and, thus,deserved my gratitude.

Angelina Haralampieva

Abstract

China’s significance on the world scene justifies EU’s efforts to extend and diversify its relationship to the People’s Republic beyond the initial trade connections and to carry out its important economic and political interests as supporting China’s sustainable development and transition to a ‘stable’, ‘prosperous’ and ‘open’ state.

This paper is concerned with the European Union’s (EU) development cooperation with China, as regards to the ‘cooperation for establishing civil society capacity’ with the People’s Republic. The initially stipulated EU’s willingness to aid China’s societal sector through allocated funding does not meet with the realization of this intention. The aims of cooperation: increasing of Chinese civil society organizations’ (CSOs) experience in project and organization management, reiterating networking and mutual understanding between Chinese and European CSOs, successful completion of pilot programs and participation in macro-project schemes, etc.; are lined with € 20 million, when the cooperation was to start off in 2002. However, due to implementation deficiencies, it became apparent that the aid cannot be fully absorbed and would remain unrealized assets. This triggered alteration in terms of objectives, activities, implementation, expected results and financial envelope; altogether, changing the manner the cooperation in the field was carried out.

Hence, the latest relevant EU papers evidence of transforming the ‘cooperation for establishing civil society capacity’ from ‘priority area’ to ‘complementary activity’ to EU-China relationship. Regardless of whether this could be defined as failure, or hesitantly as ‘shift of focus’, this change is due to certain causality that has implications both on the ongoing process of cooperation and on the its prospects.

Table of Contents

Chapter 1: Introduction ……………………………………………………………..………1

1.1. Methodological approach ………………………………………………………....1

1.2.Presentation of ‘civil society capacity building’ as an objective of the EU’s development cooperation with China …………………………………………………2

1.2.1. EU’s development cooperation with China ……………………………..2

1.2.2. EU’s development cooperation with China for establishing ‘civil society capacity’ ……………………………………………………………………….3

1.2.3. China’s EU Policy Paper ………………………………………………..8

1.3. Problem formulation ……………………………………………………………...8

1.4. Reservations ………………………………………………………………………9

Chapter 2: Disclosing the notion of ‘civil society’ ………………………………………...11

2.1. Methodological approach …………………..……………………………………11

2.2. Conceptualizing ‘civil society’ …………………………………………………..12

2.2.1. Describing the developments the concept ‘civil society’ has been through………………………………………………………………………..12

2.2.2. Defining the concept of ‘civil society’ and its associations …………...14

2.2.3. Specifying the role that justifies civil society’s worth for the modern socio-political sphere ………………………………………………………...18

2.3. Civil society – the EU perspective ………………………………………………18

2.4. Civil society for China…………………………………………………………..22

Chapter 3: Analysis …………………………………………………………………………28

3.1. Methodological approach ………………………………………………………..28

3.2. Theoretical framework …………………………………………………………..29

3.3. Analysis ………………………………………………………………………….33

Chapter 4: Finale …………………………………………………………………………...47

4.1. Methodological approach ………………………………………....……………..47

4.2. Warts and all ………………………………………….....……………………….47

Bibliography

Annexes

List of Abbreviations

BINGO – Business International Non-Governmental Organization

CSO – Civil Society Organization

CSP – Country Strategy Paper

EC – European Commission

ENGO – Environmental Non-Governmental Organization

EU – European Union

GONGO – Government-Operated Non-Governmental Organization

INGO – International Non-Governmental Organization

MIP – Multi-Annual Indicative Programme

NGO – Non-Governmental Organization

NIP – National Indicative Programme

PRC – People’s Republic of China

RINGO – Religious International Non-Governmental Organization

QUANGO – Quasi-Non-Governmental Organization

“EU policies toward China and Chinese policies toward the EU developed partly in tandem, partly in reaction to each other and partly in response to other circumstances affecting one side or the other”. [1]

1. Introduction

The present thesis is concerned with the European Union’s (EU) development cooperation with China, as regards to the ‘cooperation for establishing civil society capacity’ with the People’s Republic. The initially stipulated EU’s willingness to aid China’s societal sector through allocated funding does not meet with the realization of this intention. The aims of cooperation: increasing of Chinese civil society organizations’ (CSOs) experience in project and organization management, reiterating networking and mutual understanding between Chinese and European CSOs, successful completion of pilot programs and participation in macro-project schemes, etc.; are lined with € 20 million, when the cooperation was to start off in 2002. However, due to implementation deficiencies, it became apparent that the aid cannot be fully absorbed and would remain unrealized assets. This triggered alteration in terms of objectives, activities, implementation, expected results and financial envelope; altogether, changing the manner the cooperation in the field was carried out.

Hence, the latest relevant EU papers evidence of transforming the ‘cooperation for establishing civil society capacity’ from ‘priority area’ to ‘complementary activity’ to EU-China relationship. Regardless of whether this could be defined as failure, or hesitantly as ‘shift of focus’, this change is due to certain causality, which this project will attempt to examine in the next chapters.

1. 1. Methodological approach

This introductory chapter is intended to give the reader a ‘guided tour’ through EU-China cooperation in the central, for this research paper, area of ‘civil society’. The section presents the documental base of the EU development cooperation with China, which gets further disclosed with annexes attached. Consequently, it goes into details, as particularizing to a concrete sphere within this cooperation –‘civil society’. Accordingly, the chapter follows chronologically the regulation of the matter with relevant documents, mainly issued by the EU. Due to objectivity, however, the China’s EU Policy Paper is reviewed to demonstrate China’s counterweight in the cooperation.

By doing so, we construct the empirical fundament, whichreveals the surroundings, where the problem arises, and thus substantiate the research question. As offering our reasoning for problem’s relevance and importance, we, furthermore, formulate theme of the study.

Any following methodological specifications, including relevant reservations, which are needed, are introduced consequently in the final subsection.

1.2.Presentation of ‘civil society capacity building’ as an objective of the EU’s development cooperation with China

1.2.1. EU’s development cooperation with China

China’s significance on the world scene justifies EU’s efforts to extend and diversify its relationship to the People’s Republic beyond the initial trade connections and to carry out its important economic and political interestsas supporting China’s sustainable development and transition to a ‘stable’, ‘prosperous’ and ‘open’ state. The cooperation program is an important element of this relationship.

The foundation of EU-China cooperation goes back to the1985 ‘Trade and Economic Co-operation Agreement’ that provides ‘a basis for institutionalized dialogue’ as regulates trade, economic and developmental issues between the parties concerned.

The European Commission’s development program in China, stipulated with the Treaty Establishing the European Community, understands the development cooperation between both partners as “a multidimensional process covering broad-based equitable growth,capacity and institution building, private sector development, social services, environment, goodgovernance and human rights”.

The extending complexity of the overall relationship between EU and China is updated in the 2006 document ‘EU-China: Closer partners, growing responsibilities’ and the 2007 ‘Partnership Co-operation Agreement’. Thus, besides the regular political, trade and economic meetings, over 24 wide-ranging sectoral dialogues were established. (see Annex 1)[2]

Accordingly, the Directorate for External Relations specifies the following core objectives of EU policy towards China:

-Broaden and deepen dialogue with China, both bilaterally and on the world stage to face the global challenges;

-Support China’s transition to an open society based upon the rule of law and respect for human rights;

-Encourage the ongoing integration of China into the world economy and trading system, and support the process of economic and social reforms;

-Raise the EU’s profile in China, to aid mutual understanding.[3]

These objectives are reflected in EU’s long term strategy toward China and over the years have been subject to change in the EU-China intensifying relations. As the present paper deals with the civil society matter, we look upon the documents, chronologically regulating EU-China relations with regard to this very subject.

Thus, the examined documents are as follows:

1995 Communication on "A long-term policy for China-Europe relations";

1998 Communication on "Building a Comprehensive Partnership with China”;

Commission Working Document, Country Strategy Paper China 2002-2006;

National Indicative Programme 2002-2004 China;

National Indicative Programme 2005-2006 China;

China Strategy Paper 2007-2013;

Multiannual Indicative Programme 2007-2010

This list does not pretend to be altogether representative for the EU documents on China touching upon the civil society issue, but they are selectively chosen as most distinct ones to draw an overview on the subject.

1.2.2. EU’s development cooperation with China for establishing ‘civil society capacity’

In the 1995 Communication ‘A long-term policy for China-Europe relations’ European Commission (EC) stated it willingness to “supportpotential efforts in China to open up and liberalise all areas of Chinese life, in different sectionsof society as well as different parts of the economy. These trends inevitably reinforce movestowards the development of a civil society based on the rule of law”. In order these undertakings to be effective in practice, “the EU can promote practical cooperation, such as training and technical assistance in the legal and judicial fields, to back the efforts being made in China to establish a civil society based onthe rule of law.”

Anyhow, the paper admits that “up till now [1995] concrete action by the EU to encourage cooperation [in this field] has been small-scale. The EU should henceforth coordinate withthe Member States and the many active European NGOs to support the development of the ruleof law in China”. [4]

In 1998 Communication ‘Building a Comprehensive Partnership with China’, the EC, consideringChina’s emergence as‘an increasingly confident world power’, formulatesthe desire “to see China integrated rapidly andfully into the international community, both politically and economically[and, furthermore,] tosupport its transition towards an open society based upon the rule of law.” This should be achieved through strengthening of the civil society. “The EU should aim to strengthen those practiceswhich make up the fabric of a strong civil society. It should promote civil andpolitical rights through initiatives such as the support for a training centre in Chinafor officials engaged in the implementation of the village governance law. It couldalso allow for assistance to the most vulnerable groups in society, including ethnicminorities, women … andchildren. Initiatives aimed at promoting consumers' rights and at supportingconsumers' organisations could also be a way of strengthening civil society. Therole of Non-Governmental Organisations in implementing projects aimed atstrengthening civil society should be fully exploited.[5]

Based on the implementation of the above mentioned Communication, EU-China Legal and Judicial Co-operationProgramme, launched in 2000, reconfirms Commission’s “support to small-scale developmentaidprojects, which have been launched by NGOs in the education, health, and sanitationsectors … [Moreover,] the EU's support of NGOs does in itself contribute to the strengthening of civilsociety.”[6]

Over the next years, as Directorate General External Relations evidences, the cooperation with China moved away from the previous areas of infrastructure and rural development towards support for social and economic reform, the environment and sustainable development, and good governance and the rule of law. Various regional programs provided project funding for non-profit-making organisations working in the areas of education, environment, trade and investment, and human rights and democracy.[7]

Based on EU’s “multi-faceted and dynamic relationship with China”, the China Country Strategy Paper 2002-2006 (CSP) includes among all objectives of the bilateral cooperation the promotion “grass-roots democracy and the implementation of economic, social and political and civil rights and strengthening of the structures and processes that make up the fabric of a strong civil society”.[8]

EU periodically monitors the implementation of its Strategy Papers through theNational Indicative Programmes (NIP) that allow for a critical examination of operations, which have been undertaken and announce necessary corrections of timing or priorities.

NIP 2002-2004 estimates €20million in Community contribution for priority ‘Good Governance and Strengthening of the Rule of Law’, within which the civil society development is viewed as means for betterment of the governance field in China:

Expanding support for the rule of law implies not only top-down initiatives such assupport for drafting new legislation and training of relevant servants, but also initiatives involving the citizens’ opportunity toseek fairness and redress within the legal and administrative systems. Such initiativesshould involve support for newly-developing NGOs and other organisations of civilsociety working for the betterment of communities in the midst of socio-economicreform.[9]

Generally, the objective ‘Support to civil society’ is most distinctive as initially stipulated in NIP 2002-2004. Therefore, we consider necessary to place it here as it is. →

As can be seen from the abstract, €20 million in Community contribution are provided to train Chinese CSOs in project and organization management; to involve Chinese CSOs in number programs; to increase the communication, exchanges and activities between Chinese CSOs and their European counterparts.

The consequent NIP (period 2005-2006) noticed that some modifications to the 2002-2004 NIPwere required in order to reflect the realitiesencountered during project preparation,‘where political sensitivities were encountered’. In a response, NIP 2005-2006 foresees the financing for EU-China civil society cooperation program to be reduced from €20 million originally allocated in the priorNIP to €10 million. “This reduction has come about mainly because ofconcerns over absorption capacity in the Chinese context.”Regardlessthe official organs’ positive attitude and merely indicative character of the cooperation program, the allocated grant has not been absorbed. Nevertheless, NIP envisages three areas of cooperation: ‘capacity building’, ‘networking ofNGOs’ and‘grants’, where cooperation still can be achieved.

In order to either solve or moderate the downsides encountered the following steps are predicted: “improving the interaction between government and civil society, supporting themodification of legislation concerning NGOs, building capacity in Chinese civil societyorganisations and strengthening public participation in local decision making”. In talks with the Chinese government is decided “that [the] cooperation in this area should be continued under the 2005-2006 NIP”. In consultation with the non-state actors“ways in which civil society could play an active role”in the implementation” are discussed.[10]

Henceforth, the NIP 2005-2006 focused on the CSP priority areas of social and economic reform, andgood governance and the rule of law. Funding has been approved forthe creation of an EU-ChinaLawSchool (€18.2 million) and for “Governance for EquitableDevelopment: Strengthening the Rule of Law and Civil Society Participation in China” (€6.8 million not until 2006).(see Annex 2)

For the following period, the European Commission adopts the new 2007-2013 Country Strategy Paper for China and the Multiannual Indicative Programme (MIP) for 2007-2010. Within this timeframe the Union weaves its “guiding, monitoring and reviewing assistance” into an indicative budget of € 224 million to support EU-China cooperation programs. Introducing the three areas for action that are on focus evidences where the cooperation priorities have been reoriented to:

- Reinforcement of the bilateral relationship in the areas of trade, business exchanges, social and economic development;

- Assistance to China in her efforts to address global concerns over climate change, environment and energy;

- Support for China's internal reform process in areas of shared interest where EU experience can provide added value.[11]

In addition, the Commission declares it’s readiness to continue financing “complementary thematic interventions” in area “Non-State Actors in Development”, where assistance could be provided to NGOs and other civilsociety organisations working in areas related to the CSP.[12]

The outlined objectives show noticeable shift in the cooperation discourse. In order to assist China to come closer to extension of its social wellbeing, EC does not any longer define non state actors as irreplaceable partners, but talks more about strengthening “[the] Government capacity to manage social provision at national/regional level”. As to “the private and informal sector”, EC goes so far as recommendations.

European search for cooperation effectiveness in a long run can be foreseen in the priority “Human resource development”, stated in MIP. The objective “to contribute towards China’s human resource development and to strengthen people-to-people links between the EU and China” pledges on the presumed effect that the opening up of European academic institutions for Chinese students would have. It is expected to multiply the social benefits after these newly educated people return to China and “contribute towards the country’s development”. [13]

Very recently EuropeAid, the institution responsible for EU development services, called for proposals to grant applicants under the thematic line “EU-China Civil Society Dialogue” amounting to €1 million. The overall objective is to support the consolidation of a structured ongoing dialogue between European andChinese civil societies.The specific purpose is to formulate common recommendations on public as well as private governance forthe benefit of sustainable development and of poverty eradication.[14]