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Human Rights in Chinese Foreign Policy*

Published online by Cambridge University Press:  12 February 2009

Andrew J. Nathan
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Extract

Influence in world affairs is not limited to military and economic power. A government can use ideas and values to build support at home and to recruit sympathizers among publics and policy-makers abroad. The struggle over beliefs and values may be as complex as the struggle over other forms of power. The history of the human rights issue in Chinese foreign policy exemplifies such a process.

Type
Issues in China's Foreign Relations
Information
The China Quarterly , Volume 139 , September 1994 , pp. 622 - 643
Copyright
Copyright © The China Quarterly 1994

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References

1. Nye, Joseph S. Jr., has given this process the name “soft power”; ”Soft power,” Foreign Policy, No. 80 (Fall 1990), pp. 153–171.CrossRefGoogle Scholar

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21. News report column, Peking Review, Vol. I, No. 38, 18 November 1958, p. 20.

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29. According to Qiushi in FBIS/DR/China, 5 February 1992, p. 14, over 1,000 of China's newly enacted laws are related to human rights.

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32. Partially, as James D. Seymour points out in “Human rights in Chinese foreign relations,” in Kim, Samuel S., China and the World, 3rd ed. (Boulder: Westview, 1994), p. 221Google Scholar, n. 10, because they are only to be enjoyed insofar as they are already in force, which excludes representative democracy and the right to self-determination.

33. Information office of the State Council, “Human rights in China,” BR, No. 44 (1991), p. 43.Google Scholar Twenty-five is the most commonly given number of major human rights conventions, but there are other ways of counting; see e.g. Langley, Winston E. (ed.), Human Rights: Sixty Major Global Instruments (Jefferson, NC: McFarland and Co., 1992).Google Scholar Since 1991, the U.S. has ratified the International Convention on Civil and Political Rights, bringing its total to seven, while China acceded to the International Convention on the Rights of the Child, bringing its total to eight.

34. Yan, Gu, “On human rights in international relationships,” International Strategic Studies (China Institute for International Strategic Studies), No. 3 (September 1991), p. 10.Google Scholar

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36. The next few paragraphs follow Ibid. pp. 252–54, supplemented by other items noted. Chiu cites two textbooks, one by Wei Min and one by Wang Tieya and Wei Min. Also see Min, Wei, “An examination of some problems on human rights,” Renmin ribao, 3 December 1988, p. 4Google Scholar, in FBIS/DR/China, 9 December 1988, pp. 4–6.

37. E.g. Fu Xuezhe, “The principle of noninterference in the internal affairs of other countries and the question of human rights,”Renmin ribao, 8 December 1989, p. 7Google Scholar, in FBIS/DR/China, 12 December 1989, p. 3.

38. Jin, Tian, “The development of international human rights activities and some controversial issues,” Guoji wenti yanjiu, 13 January 1989, pp. 4–7Google Scholar, in FBIS/DR/China, 9 March 1989, p. 5.

39. Gu Yan, “On human rights,” p. 10.

40. Qing, Guo, “China's basic position on and practice of human rights,” Qiushi, 1 December 1991, pp. 14–19Google Scholar, in FBIS/DR/China, 5 February 1992, p. 15.

41. Xin Chunying, “Xiandai guoji zhengzhi douzhengzhong de renquan wenti” (“Human rights issues in the contemporary international political struggle”), Xuexi yu sikao (Study and Reflection) (Graduate School, Chinese Academy of Social Sciences), No. 1 (1981), pp. 49–52.Google Scholar

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43. Along with the sources cited, the next three sections draw on Seymour, “Human rights in Chinese foreign relations,” cited above.

44. Hungdah Chiu, “Chinese attitudes,” pp. 256–57; also see e.g. “Wu Xueqian's speech at the UN General Assembly,” BR, No. 40 (1986), pp. 16–17; Jin, Shao, “Holding high the banner of human rights,” Shijie zhishi, No. 23, 1 December 1986, pp. 4–6Google Scholar, in JPRS-CPS-87–808, pp. 53–58; Lescot, Patrick, “Beijing ready to sign UN human rights conventions,” South China Morning Post, 25 September 1988, p. N6Google Scholar; “China applauds human rights,” BR, No. 51 (1988), pp. 9–10.

45. Keng, Lu, An Interview with Hu Yaobang (New York: Sino Daily Express, 1985), p. 61Google Scholar (Hu tells interviewer Lu Keng: “These [Wei Jingsheng and others] are not cases of political crimes, as people say outside. From now on, we won't do such things”); “[Hu Yaobang] answers questions from audience [during visit to London],” Xinhua, 11 June 1986, FBIS/DR/China, 12 June 1986, p. G3; “Premier Zhao interviewed by NBC,” BR, No. 40 (1987), p. 5.

46. Cohen, Roberta, “People's Republic of China: the human rights exception,” Human Rights Quarterly, Vol. 9, No. 4 (November 1987), pp. 447–549.CrossRefGoogle Scholar

47. McColm, R. Bruceet al., Freedom in the World: Political Rights and Civil Liberties, 1990–1991 (New York: Freedom House, 1991), pp. 454, 460, 462Google Scholar; and earlier editions edited by McColm or by Raymond D. Gastil.

48. According to R.J. Rummers estimate, which is probably high, 37.8 million citizens died in the Mao years due to political repression, not counting 20–30 million victims of state-induced famine; China's Bloody Century: Genocide and Mass Murder Since 1900 (New Brunswick, N.J.: Transaction Publishers, 1991).

49. Seymour, James D., “Cadre accountability to the law,” Australian Journal of Chinese Affairs, No. 21 (January 1989), pp. 1–28CrossRefGoogle Scholar; Seymour, James D. (ed.), Cadre Accountability to the Law, special issue of Chinese Law and Government, Vol. 21, No. 3 (Fall 1988).Google Scholar However, these campaigns have not been very effective.

50. E.g. reports by Ross Munro in Toronto Globe and Mail, 1977, cited in Hungdah Chiu, “Chinese attitudes,” p. 238; Butterfield, Fox, Alive in the Bitter Sea (New York: Times Books, 1982)Google Scholar; Bernstein, Richard, From the Center of the Earth (Boston: Little, Brown, 1982).Google Scholar

51. Armonk, N.Y.: M.E. Sharpe, 1985.

52. Roberta Cohen, “Human rights exception,” pp. 502–508.

53. London: Amnesty International, 1978; except, that is, for a report on Tibet by the International Commission of Jurists in 1960: Tibet and the Chinese People's Republic: A Report to the International Commission of Jurists (Geneva: The Commission, 1960).

54. Gu Yan, “On human rights,” p. 9.

55. “Promoting democracy and peace,” speech by President Ronald Reagan before the British Parliament in London, 8 June 1982, in U.S. Department of State, Current Policy, No. 399 (June 1982), p. 4.

56. American Foreign Policy: Current Documents, 1989 (Washington, D.C.: Department of State, 1990), p. 5.

57. Geyer, Anne E. and Shapiro, Robert Y., “The polls – a report: human rights,” Public Opinion Quarterly, Vol. 52, No. 3 (Fall 1988), pp. 386–398.CrossRefGoogle Scholar

58. Country Reports on Human Rights Practices for 1979 (Washington, D.C.: U.S. Government Printing Office, 1980), p. 1.

59. See, for example, China: Violations of Human Rights: Prisoners of Conscience and the Death Penalty in the People's Republic of China (London: Amnesty International, 1984); Punishment Season: Human Rights in China After Martial Law (New York: Asia Watch, 1990); Anthems of Defeat: Crackdown in Hunan Province 1989–1992 (New York: Asia Watch, 1992).

60. Asia Watch, “Continuing religious repression in China,” June 1993.

61. China: Punishment Without Crime: Administrative Detention (New York: Amnesty International USA, September 1991); Criminal Justice with Chinese Characteristics: China's Criminal Process and Violations of Human Rights (New York: Lawyers Committee for Human Rights, May 1993), written by Gelatt, Timothy A..Google Scholar

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63. See, for example, Amnesty International, “People's Republic of China: repression in Tibet 1987–1992,” May 1992; Merciless Repression: Human Rights in Tibet (New York: Asia Watch, May 1990).Google Scholar

64. Crane, Barbara B. and Finkle, Jason L., “The United States, China, and the United Nations Population Fund: dynamics of U.S. policymaking,” Population and Development Review, Vol. 15, No. 1 (March 1989), pp. 23–59.CrossRefGoogle Scholar In late 1993, Chinese consideration of a eugenics law seemed likely to enlarge the foreign constituency viewing population control policies as a human rights issue.

65. China: Torture and III-Treatment of Prisoners (London: Amnesty International, September 1987); Amnesty International, “Torture in China,” December 1992; Asia Watch, “Prison Labor in China,” 19 April 1991; Wu, Hongda Harry (trans. Slingerland, Ted), Laogai: The Chinese Gulag (Boulder, CO: Westview Press, 1992)Google Scholar; Laogai Handbook (Milpitas, CA: Laogai Research Foundation, 1993).

66. UDHR, Art. 13.1: “Everyone has the right to freedom of movement and residence within the borders of each State.” ICCPR, Part III, Art. 12.1: “Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and, freedom to choose his residence.” The international instruments allow limitation of rights for pressing public interests, but the limitations should be the minimum needed to achieve the purpose. Although the regime has loosened control of movement of rural residents to the cities, they are still denied the rights and benefits given to legal city residents; see Dorothy J. Solinger, rial, “China's urban transients in the transition from socialism and the collapse of the Communist ‘urban public goods regime’.” unpublished paper, p. 8.

67. For details, see Seymour, James D., “Human Rights and the world response to the 1989 crackdown in China,” China Information, Vol. 4, No. 4 (Spring 1990), pp. 1–14.CrossRefGoogle Scholar

68. Ibid. pp. 5–6.

69. International League for Human Rights, “Getting down to business: the human rights responsibilities of China's investors and trade partners” (July 1992), pp. 15–17, 35–36Google Scholar; Newsweek, 17 May 1993, p. 46. President Clinton endorsed the concept when he extended MFN for China in May 1994.

70. The number 110,000, which is probably an underestimate, comes from Liaowang overseas edition, No. 4–5, 25 January 1993, pp. 11–13, in JPRS-CAR-93–022, 8 April 1993, p. 26. Also see Ziduan, Deng, “China's brain-drain problem: causes, consequences and policy options,” The Journal of Contemporary China, Vol. 1, No. 1 (Fall 1992), pp. 6–33.Google Scholar

71. See “On U.S. policy towards Chinese mainland, Taiwan and Hong Kong: a Chinese-American/Canadian perspective,” a position paper endorsed by Tiananmen Memorial Foundation and 11 other groups, 25 May 1993. On “community-based organizations,” see Seymour, James D., “What the agenda has been missing,” in Whitfield, Susan (ed.), After the Event: Human Rights and Their Future in China (London: Wellsweep Press, 1993), pp. 36–49.Google Scholar

72. Gaer, Felice, “Human rights and social issues: human rights,” in Tessitore, John and Woolfson, Susan (eds.), Issues 45: Issues Before the 45th General Assembly of the United Nations (Lexington, MA: Lexington Books, 1991), pp. 121–133, 153–55Google Scholar; Gaer, Felice, “Human rights and social issues: human rights,” in Tessitore, John and Woolfson, Susan (eds.), A Global Agenda: Issues Before the 46th General Assembly of the United Nations (Lanham, MD: University Press of America, 1991), pp. 171–183, 197–98, 200Google Scholar; Gaer, Felice, “Human rights and social issues: human rights,” in Tessitore, John and Woolfson, Susan (eds.), A Global Agenda: Issues Before the 47th General Assembly of the United Nations (Lanham, MD: University Press of America, 1992), pp. 224, 226–29, 232Google Scholar; Yearbook of the United Nations 1991 (Dordrecht, The Netherlands: Martinus Nijhoff, 1992), p. 606; UN Economic and Social Council, Commission on Human Rights, Document E/CN.4/1993/L.104 (8 March 1993).

73. See, respectively, E/CN.4/Sub.2/1992/25, pp. 27–29, 30–31 (although not an NGO: a report, this report by Louis Joinet, chairman and rapporteur of the Working Group on Arbitrary Detention, was based on material supplied by the International Federation of Human Rights); E/CN.4/Sub.2/1992/SR.13, p. 15; E/CN.4/Sub.2/1992/SR.7, pp. 11–12; E/CN.4/Sub.2/1992/ SR.17, pp. 7–8; and E/CN.4/Sub.2/1992/SR.25, pp. 3–5.

74. E.g. for the U.S., see Lawyers Committee for Human Rights, “Human rights diplomacy and strategies: a country case study of China,” November 1991, pp. 23–27.

75. In fact, the human rights issue contributed to closer relations between China and Asean; see Jie, Chen, “Human rights: ASEAN's new importance to China,” Pacific Review, Vol. 6, No. 3 (1993), pp. 227–237.CrossRefGoogle Scholar

76. Citations are too numerous to list, but see, for example, Jiang Zemin interview in BR, No. 46 (1991), p. 15. May of these themes are outlined in a purported Propaganda Department document, “Confidential document on study of human rights issue (Part one),” published in Hong Kong Dangdai No. 15, 15 June 1992, pp. 67–70, in FBIS/DR/China, 23 June 1992, pp. 32–36.

77. Information Office, “Human Rights,” cited above, pp. 8–45.

78. Among others, Gu Yan, “On human rights,” p. 11; Tian Jin, “development,” p. 5.

79. Yishan, Zhang, Chinese representative to the UN Commission on Human Rights, it quoted by BR, No. 9 (1992), p. 27Google Scholar; after the 1992 Los Angeles riots, there was a rush of commentary making this point in specific reference to the riots.

80. South China Morning Post, 25 May 1993, p. 10, in FBIS/DR/China, 25 May 1993, p. 7.

81. See e.g. “Cultural divide,” Far Eastern Economic Review, 17 June 1993, pp. 20–22; Kausikan, Bilahari, “Asia's different standard,” Foreign Policy, No. 92 (Fall 1993), pp. 24–41CrossRefGoogle Scholar; Lieberthal, Kenneth, “Forget the Tiananmen fixation,” New York Times, 14 July 1993, p. A19.Google Scholar

82. 1989, Gaer in Issues 45, pp. 153–54; 1990, Gaer in 46th General Assembly, p. 121; 1992, Gaer in 47th General Assembly, pp. 237–38.

83. E.g. Kong Youzhen, “The right to develop is an extended human right,” Zhen Di, No. 1, 10 January 1993, pp. 54–56, in JPRS-CAR-93–029, 6 May 1993, pp. 2–4; Gaer, in 46th General Assembly, pp. 171, 197, and in 47th General Assembly, pp. 240–41; Riding, Alan, “A rights meeting, but don't mention the wronged,” New York Times, 14 June 1993, p. A3Google Scholar

84. E.g. “Justice officials: dissident ‘refuses to repent',” Hong Kong AFP, 8 April 1992, I Pf in FBIS/DR/China, 10 April 1992, pp. 21–22; Kristof, Nicholas D., “China offers peek at famed prisoner,” New York Times, 8 April 1992, p. A13Google Scholar; Kristof, “China is reported to plan release of some political prisoners soon,” New York Times, 6 May 1992, p. 12.

85. BR, No. 42 (1991), p. 10. Beijing did not honour this agreement, perhaps because it lacked control over local prison authorities.

86. “Human rights in China,” cited above; ‘Tibet: its ownership and human rights situation,” BR, No. 39 (1992), pp. 10–43; “Criminal reform in China,” BR, No. 33 (1992), pp. 10–25.

87. Also, the White Paper included some tacit revisions in official human rights theory, treating political rights as of equal importance with social and economic rights, and acknowledging the “international aspect” of human rights.

88. UN statement in PRC Mission to the UN Press Release, New York, 31 January 1992, p. 4; work report statement in BR, No. 15 (1992), p. xvi

89. On misperception as a theme in international relations, see Jervis, Robert, Perception and Misperception in International Politics (Princeton: Princeton University Press, 1976)Google Scholar, esp. ch. 8.

90. Gu Yan, “On human rights,” pp. 9, 11.

91. Xuezhe, Fu, “Essence of major contemporary Western theories on human rights,” Shijie zhishi, No. 16, 16 August 1992, pp. 16–17Google Scholar, in FBIS/DR/China, 9 September 1992, p. 9.

92. Waiguo wenti yanjiu (Research on Foreign Issues), special issue on human rights, 1990 No. 2 (15 March 1990), neibu; Gu Yan, “On human rights”; CASS Institute of Law, Dangdai renquan, cited above; Zhe, Sun, Xin renquan lun (A New Discussion of Human Rights) (Zhengzhou: Henan renmin chubanshe, 1992)Google Scholar; numerous publications of Yu Haocheng; Paltiel, Jeremy T., “Self and authority in contemporary China: the end of ideology?” Institute Reports, East Asian Institute, Columbia University, April 1993, p. 19Google Scholar; He, Baogang, “Three models of democracy: intellectual and moral foundations of liberal democracy and preconditions for its establishment in contemporary China,” Ph.D. dissertation, Australian National University, 1993, pp. 3, 257.Google Scholar

93. Nye, “Soft power,” p. 170.