China and universal human rights standards
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Note: Footnotes Omitted
IV.
Recommendations and Conclusion
China
has made some progress in providing human rights protection
to its citizens, yet it has a long way to go if measured
with universal human rights standards. Since it has been very often noted that
China¡¯s stability and prosperity conforms to the interests
of the West, and also since it is proposed that there is
a ¡°democratic peace¡± linkage between human rights and
a sound political system, the international and regional
security, the arms proliferation, as well as world environment,
the international community is entitled to keep great concerns
on China¡¯s application of universal human rights standards. However, such concerns should be conducted in the realists¡¯
way in line with both the international political, economic
and cultural layout, and China¡¯s national conditions.
There are several points on which it is worth reflecting
as both Chinese government and the West consider what can
do to bring about an improvement in China¡¯s human rights
record.
First, the Chinese leadership should understand
that an enhancement of China¡¯s human rights protection
according to basic universal human rights standards presents
no threat to Chinese interests. The goals of the international
human rights regime are consistent with China¡¯s announced
internal goals of rule of law, prosperity, stability, and
more often decision making. The assumption that human rights violations
are trade-off to achieve economic development holds no water. It can be properly refuted by the fact
that those highly developed countries are which can provide
best human rights protections.
Only through active participation can China take
a hand in shaping regimes further to serve its needs.
Second, those who want to influence China should
keep in mind that economic engagement is the most effective
way to fulfill their purpose, if not a substitute for human
rights policy pressure.
Economic growth
leads to the development of a large and strong middle class
in any country. Eventually, they make demands on political
leaders for greater participation, accountability, and openness.
The only question is how long it takes. In his a recent book, Dragon in a Three-Piece
Suit, China scholar Doug Guthrie surveyed industrial
firms in the Shanghai area and concluded that the more foreign
involvement there is in a company¡ªthrough direct investment
or joint venture arrangements¡ªthe better human rights and
labor conditions are in that firm. Thus Mr. David Lampton, Nixon Center Director of Chinese Studies,
observed very correctly that, the development of a middle
is the most important developmental change taking place
class in China. "Once you have a property-owning class,
a class that has something to lose by virtue of government
regulation ¡you find middle classes want to get involved
politically to shape the nature of that regulation."
These arguments have been evidenced by many cases in China¡¯s
local election process, in which some millionaires sought
active participations in the election and competed successfully
with the government backed candidates. On the contrary, economic separation and
sanctions will reduce Chinese contact with the outside world,
through some Chinese citizens have begun to becomes familiar
with the rights of citizens in other countries and, armed
with this new knowledge, to press their own government to
guarantee them the same rights.
Third, cultural and educational exchanges play
a very important role in transforming Chinese thoughts and
values, as well as Chinese people¡¯s attitude toward outside
world. Constructive
efforts such as educational and technical assistance, exchanges
of specialists, and institution building have successfully
brought new thoughts and ideas to China, which is contributing
to numerous areas like building the court system, reforming
legal codes, training the legal profession, upgrading prison
administration, and improving social welfare system. And it¡¯s contribution will only increase in the future. It can be logically reasoned that if China
would have established modern political, legal and economic
institutions, it would be more willing to accept universal
human rights standards.
Fourth, universal human rights standards will
more acceptable to both Chinese if they turn out to be pure
humanitarian and moral concerns. The human rights agenda is damaged it is mixed with other goals,
including opposition to communism, antagonism to family
planning, and promotion of Tibetan and Taiwan independence. Under these circumstances the Chinese government will be in
a very easy position to convince its people that the West
is trying to weaken and harm China by using human rights
as a pretext to intervene with China¡¯s internal affairs.
In brief, China has achieved some improvement
in human rights protection both in paper and in reality.
It has also absorbed the procedures and norms of
the international human rights regime to the point where
it has been prepared to accede to the major U.N. human rights
instruments. Although
there is a long way to go, the future is promising, if the
West and China can interact properly with each other, based
on both side¡¯s sincere concern on human¡¯s welfare as well
as a clear understanding that the other side is not just
like one¡¯s own side.
