When people are cheering for the European Union(EU) passing the Magnitsky Act, the EU is now at the final stage of an investment deal with China.

On December 7, 2020, the Council of the European Union adopted a framework known as the European Magnitsky Act to establish a global human rights sanctions regime. The framework enables the EU to impose travel ban and asset freezing sanction on individuals, entities and bodies responsible for, involved in or associated with serious human rights violation and abuse worldwide, no matter where they occurred. The legislature also allows the EU to sanction individuals who are providing financial, technical, or material support for or are otherwise involved in human rights abuses, or are associated with persons that are responsible for human rights violations. Acting by unanimity, the European Council is responsible for establishing and maintaining the list of listed persons upon receiving a proposal from a member state or the high representative. Last week, the European Parliament adopted a resolution that allows the EU to target Chinese officials repressing Uyghurs in northwest China’s Xinjiang Uyghur Autonomous Region (XUAR) under newly adopted laws that allow international sanctions against human rights abuses.

However, while many people are celebrating the EU taking a step further to honor its promise stated in its founding treaties to defend human rights, it is disclosed that the European countries have agreed in principle with an investment agreement with China. Demonstrating the complete opposite of what it has done in the past month, the EU has prompted a lot of people to worry if the EU is determined to uphold its principles and promises and about possible further infiltration of Beijing under this new deal.

When it comes to trade and investment, over the past few years, Europe has been negotiating with China in order to promote reciprocity, competitive neutrality and a level playing field. Reading the documents about this investment agreement, one can find that the text is not even close to creating a fair and safe environment for European entities. The conclusion of this deal at this point insinuates a victory gained by China, making it difficult for Europe to engage China in other issues in the future, also putting European companies at stake by pushing them into an arena where fairness is not guaranteed.

Since the opening up of China in the 1980s, Beijing has made little effort in opening up so that market access has been difficult. It is Beijing’s greatest political leverage—it will only open its market as long as other countries or entities comply with its own set of rules. Besides, maintaining a closed market is how it manages its economic miracle. The draft of the investment deal does not provide open and clear binding rules. Europe has been under the illusion of opening China up through trade, but once again, China has taken advantage of such good will to lure Europe further into its sphere of influence.

European countries agree on this deal for economic reasons. Take France and Germany for examples. The two biggest powers in the EU back the deal because the former got some gestures for its retirement home industry and the latter is keen on securing the Chinese market for its automobile industry. But this deal will not bring Europe what it hopes. It will only encourage China to reinforce its self-reliance industrial policies and mercantilist expansion abroad. Europe will not enjoy an open market in China, but will be the victim of the deal. European companies will not be treated equally there. During the COVID-19 pandemic, a lot of European countries have found themselves too reliant on China. It puzzles me why they will further intensify that dependency despite their acknowledgement of it. Europe will continue to be subject to Beijing’s influence by further tightening economic ties with China.

The investment deal does not include commitments with regard to forced labor, which is one of the biggest issues in trade with China. The EU pledges itself not to be directly and indirectly involved in human rights violation, yet not having any clause in the deal with regards to forced labor and human rights is simply encouraging human rights violation in China. Europe has been continuously voicing out concerns about the forced labor in the re-education camps in Xinjiang. But when the moment comes that Europe can do something about it, it stays reticent about it in the face of economic benefits.

By concluding this deal, Europe will paint itself into a corner, losing leverage in the global arena, not only on economic matters, but also on fundamental values issues. Over the past year, China has breached an international treaty concerning Hong Kong, threatened to invade Taiwan, exercised economic coercion to force various countries to fall in line, and diplomatically threatened other states. Concluding an investment deal with Beijing is to encourage such behaviors. Europe must reconsider if they are to conclude this deal with China.

(Glacier Kwong, born and raised in Hong Kong, became a digital rights and political activist at the age of 15. She is currently pursuing her PhD in Law and working on the course for Hong Kong in Germany. Her work has been published on Washington Post, TIME, etc.)

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