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China Deals Another Blow to the International Human Rights Framework at its UN Universal Periodic Review

Andrea Worden, November 25, 2018

 

UPR session, Nov 2018, Chine

China Review — 31st Session of Universal Periodic Review, Nov. 6, 2018, Geneva.

 

Over the past several years, the Chinese government has steadily been promoting its own version of human rights –– “human rights with Chinese characteristics”–– at the UN, and maneuvering to insert language trumpeted by the Chinese Communist Party (CCP), with Xi Jinping as its core wordsmith, into various UN resolutions, with an eye toward assuming a leadership role in global human rights governance. China’s third Universal Periodic Review (UPR) by the Human Rights Council (HRC) on November 6, 2018 provided a high-level global forum for the government to announce its newly formulated five-pronged “human rights development path with Chinese characteristics.” In a press conference following the review, Assistant Foreign Minister Zhang Jun claimed that more than 120 countries supported China’s path during the review, and that China’s formulation was “completely correct.” In prioritizing “the right to development” as the fundamental human right and implicitly discarding the fundamental principle of the universality, interdependence, and indivisibility of all human rights, China’s “path” poses a serious threat to the international human rights system.

Although the key components of the PRC’s human rights path are not new, they have been repackaged into a tidy framework, which China confidently proclaimed at its 2018 UPR (@1:25 and 6:09). Earlier, at its 2013 UPR, the PRC stated in its national report that it was “working to explore paths for human rights development.” By 2018, China had discovered the path, described by Zhang Jun as “national conditions-based, people-centered, development-oriented, rule of law-guided and openness-driven.”  This article takes a look at some of China’s moves to promote its “development-trumps-all” human rights narrative and agenda, weaken the UPR mechanism (and, in the process, the credibility of the Office of the High Commissioner for Human Rights (OHCHR)), and further its efforts to gut the international human rights framework as we know it.

The Universal Periodic Review (UPR) Mechanism   

The UPR is a key mechanism of the Human Rights Council (HRC); indeed, it was intended to make the HRC, established in 2006, more robust and equitable than the body it replaced, the UN Human Rights Commission. In this intergovernmental, State-driven mechanism, all 193 UN Member states are reviewed every four and a half years. The review is conducted on the basis of three documents: the national report of the State being reviewed, and two documents prepared by OHCHR–– the compilation of UN information on the State under review, and the summary of stakeholders’ information, which includes information submitted by NGOs.

Three and a half hours is allocated for the review.  The UN Member State under review is allotted a total of 70 minutes, which it uses for opening and final remarks, and comments and responses during the interactive dialogue. The remaining 2 hours and 20 minutes is apportioned equally among the countries that sign up in advance to speak at the review. In China’s 2018 UPR, each State that registered to speak was given 45 seconds to make their statements; in 2013, each country had 50 seconds. The Chinese government uses its influence to stack the roster with its friends (e.g. aid recipients, like-minded dictatorships, BRI partners, etc.) and as a result, countries poised to offer remarks critical of the PRC’s human rights record and make substantive human rights-based recommendations have less time to do so.

 

UPR session, Nov 2018

 

The review is intended to evaluate the State under review’s progress toward achieving and implementing recommendations it accepted during its previous review; fulfillment of the State’s human rights obligations and commitments; and the country’s overall human rights situation. During the interactive dialogue portion of China’s 2018 UPR, 150 delegations made statements, and offered 346 recommendations (@1:30). The Chinese government will provide its position on the recommendations by the 40th session of the Human Rights Council in March 2019. Regarding which recommendations the PRC is likely to accept, and those it’s likely to reject, the head of the UPR delegation, Vice Foreign Minister Le Yucheng, suggested the answer during his final remarks. He said “an overwhelming number of countries have fully recognized China’s efforts and achievements in promoting and protecting human rights over the last five years,” and that the Chinese delegation sincerely appreciated their “many constructive comments and recommendations.” @3:07:22) As for certain other countries, Vice Minister Le said, “We will not accept the politically driven accusations from a few countries that are fraught with biases, and in total disregard of facts; even less will we entertain attempts to use human rights as an excuse to interfere in China’s internal affairs or undermine its sovereignty and territorial integrity.” (@3:08:14)

China Finds its Human Rights Path for the New Era

In the PRC’s National Report submitted for its 2013 UPR (2013 Report), the section that lays out the government’s human rights theory is titled, “The concept and theoretical system of human rights under socialism with Chinese characteristics.” There is no mention of “human rights with Chinese characteristics.” As noted above, the government stated at that time it was “working to explore paths for human rights development.” (para. 5.) The 2013 Report further states that China:

“respects the principle of universality of human rights and is of the view that all countries have a duty to take measures, commensurate with their national conditions, continuously to promote and protect human rights in accordance with the purposes and principles of the Charter of the United Nations and the basic spirit of the Universal Declaration of Human Rights and the relevant international human rights instruments.” (para. 4)

By the time of its 2018 UPR, the PRC had finished its exploration and discovered a “distinctively Chinese” path (@6:35), a path that abandons international human rights norms. The relevant section of the 2018 Report is titled, “The concept and theoretical system of human rights with Chinese characteristics.” There is no mention of the principle of universality of human rights; indeed, the only mention of “universal” is in the negative: “There is no universal road for the development of human rights in the world.” (para. 4) Nor is there a mention the Universal Declaration of Human Rights (UDHR), or “relevant international human rights instruments.” Australia noted the change from 2013 in an advance question to China, and asked:

“Does China still accept the principle of universal human rights, and if not, can China explain how its conception of human rights fits into the international human rights regime built on the concept of universality? Can China explain how “human rights with Chinese characteristics” differs from universal human rights, and if it does not, why it wishes to introduce this distinction?” (Advance Questions, Addendum 3)

This is clearly a human rights path grounded in Xi Jinping’s New Era. Not only are fundamental norms of the universality and interdependence of human rights jettisoned, the Chinese government has also dispensed with any mention of theories articulated by Xi’s predecessor, Hu Jintao. While the 2013 Report contains references to Hu’s “scientific outlook on development” and “harmonious society,” they are absent from the 2018 Report. The Report states:

“[T]he cause of human rights must be promoted on the basis of national conditions and the needs of the people of that country, and cannot be defined on the basis of a single authority. Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, China attaches great importance to the promotion and protection of human rights, ever acting as an advocate, practitioner and promoter of the cause of protecting human rights and always following the road of developing human rights with Chinese characteristics.” [2018 Report, Para. 4, emphasis added]

The translated phrase “on the basis of a single authority” is a curious rendering of the classical phrase 定于一尊 (dingyuyizun). The meaning is more along the lines of “no one (path of human rights development) should be regarded as the only choice,” or superior to all other choices.

In its 2018 Report, the Chinese government argues, in effect, that the international human rights framework is just one choice among others, and that it should not be taken as the highest authority. What, then, is the highest authority, or “the right system”? For China’s human rights development, there is only one “correct path”–– and it lies with Xi Jinping. The report describes the five-pronged path as the “road of developing human rights with Chinese characteristics” ­­–– a road that “takes national conditions as the foundation”; “takes the people as the centre”; “takes development as the priority”; “takes the rule of law as the criterion”; and “takes openness as the motivator.” (paras. 5-10.)

The PRC’s “Development First” Agenda Gains Further Ground in the HRC

Development, and the right to development, were front and center during the interactive dialogue portion of the UPR, punctuated by strong concerns raised by a smaller number of States about the mass detention of Muslim minorities in “vocational training centers” in Xinjiang, and a wide range of other human rights abuses in China.

As it’s done in the past, the Chinese government seemingly rounded up its friends and beneficiaries to engage in what could be taken as an example of offline “flooding”: the UPR, whose purpose is to review the human rights obligations and actual human rights on the ground of the State under review, was inundated by comments and recommendations from countries praising China’s development, requesting China share best practices, expressing gratitude for aid, and asking for more.  Many developing countries and members of the so-called Like-Minded Group (including, e.g., Russia, Syria, China, Cuba, Venezuela, etc.), which are decidedly not human rights-friendly, offered recommendations to China such as the following:

Namibia: “Continue sharing experiences and best practices in implementing people’s right to development.” (Draft Report of the Working Group on the Universal Periodic Review: China (11/8/18); A/HRC/WG.6/31/L.3, para. 6.128)

Pakistan: “Continue to promote discussions in the Human Rights Council on the role of development in promoting and protecting human rights” (para. 6.33); “Continue to promote the Belt and Road Initiative to help other developing countries in their development endeavours” (para. 6.45).

And in an advance question to China before the review, Pakistan asked: “China has made tremendous achievements in implementing the right to development. Could China share relevant experience?”  (Advance Questions to China First Batch –Rev)

Lao People’s Democratic Republic: “Continue to communicate with other developing countries on the experience of the state governance, including promoting and protecting human rights” (para. 6.52).

Nigeria: “Sustain its efforts in the global fight against terrorism and extremism” (para. 6.145).

Venezuela: “Continue to forge a new type of international relations featuring mutual respect, fairness, justice, and win-win cooperation and building a community with a shared future for human beings” (para. 6.36).

It’s worth noting that Venezuela didn’t quite get the New Era lexicon right during the interactive dialogue, and its recommendation was amended in an early version of the draft report for political correctness. Venezuela did not utter the CCP’s “win-win” slogan during its oral statement, and it described the future as a “shared future for human beings,” neglecting the “building” of “a community.”  The Spanish-to-English interpreter used “forms” instead of “type” (as in “new type of international relations”) and “equity” instead of “fairness.” These “mistakes” were subsequently fixed, in what seems to be another example of PRC influence and discourse management at the UN.

 

UPR session, Nov 2018, Suisse

You may listen to a country’s recommendations for China by selecting the country from menu on the right. http://webtv.un.org/search/china-review-31st-session-of-universal-periodic-review/5858293845001/?term=&lan=english&page=7#player

 

Money Matters and OHCHR  

In its 2018 Report, the PRC notes that it donated $100,000 to the Special Rapporteur on the Right to Development mandate, a new special procedure created in September 2016 (para. 76). At first glance, it’s puzzling that this mandate was created in the first place when a Working Group on the Right to Development already exists, but it turns out to have been another move by the PRC to promote development within the HRC, and occupy more “space” and resources focused on the right to development. Not surprisingly, Venezuela introduced the resolution creating the mandate on behalf of China and the Non-Aligned Movement, which was adopted by a vote of 34-2, with 11 abstentions. France and the UK voted against the resolution. The first (and current) special rapporteur, Mr. Saad Alfarargi of Egypt, participated in the first South-South Human Rights Forum held in Beijing in December 2017, by invitation from the Chinese government. During the UPR, Vice Minister Le said that the PRC will invite the Chair of the Working Group on the Right to Development to visit China (@10:24).

At the 2013 UPR, the PRC announced a dramatic increase in its funding for the Office of the High Commissioner for Human Rights. Special Envoy of the MFA, Wu Hailong, said that China would increase its annual donation to OHCHR from $50,000 to $800,000 for the next four years (@17:30). During the 2018 review, Vice Minister Le announced that China would (again) donate $800,000 annually to the OHCHR for the next five years (@10:20).  The PRC stated in the 2018 Report that it “maintains constructive contacts with [OHCHR], encourages them to perform their duties objectively and impartially, and attaches importance to the concerns of developing countries” (para. 76).

The Chinese government clearly has influence at OHCHR, which it uses to shield its human rights record from scrutiny, mute criticism, and control access to information it would rather keep hidden. The extent of the PRC’s influence, and the different tactics and leverage it uses to exert it, awaits an investigative journalist to thoroughly unravel, but in its groundbreaking report on China’s interference in UN human rights mechanisms, Human Rights Watch provides several examples of Chinese pressure on the OHCHR and special procedures, quoting one UN official as saying:  “China keeps bullying us, saying, ‘Don’t do that,’ ‘Don’t do this,’ or ‘We urge you not to do this.’”

One of the main functions of OHCHR is to provide support for the work of the HRC, including the UPR, and, as mentioned earlier, it is responsible for drafting the compilation of UN information, and the summary of stakeholders’ information. In the run-up to the 2018 UPR, OHCHR was involved in machinations that point to PRC interference in the Office’s work. The details of the disappearing and reappearing NGO submissions on the OHCHR website, inputs from groups the Chinese government views as particularly “troublesome,” and exclusion of their information from the stakeholders’ summary prepared by OHCHR, are explained in a joint statement signed by concerned NGOs, which include, among others, the Uyghur Human Rights Project, World Uyghur Congress, Tibetan Centre for Human Rights and Democracy, Demosistō, and the International Service for Human Rights. The NGOs stated that despite the OHCHR’s belated fix of most of the issues (mere days before the review), they “remain very concerned that the removal of these reports gives further credence to well-documented NGO concerns of China’s growing influence within the UN human rights system, and the deliberate silencing of critical voices.”

After China’s success in the HRC in June 2017 with its resolution titled, “The contribution of development to the enjoyment of all human rights,” I wrote, “What this means, in short, is that China will continue to promote, and attempt to expand, the importance of the right to development and economic rights, while at the same time endeavoring to curtail and weaken the enforcement of civil and political rights.” And so it has. During the UPR, the Chinese government touted its self-described “correct” human rights path, and by presenting a depraved defense of its “vocational training centers” in Xinjiang demonstrated that it was wholly unconcerned with civil and political rights, and the truth. Despite strong, rights-based recommendations from the human rights-friendly countries that participated in the review, China was nonetheless able to use the global stage of the UPR to further advance its “development trumps all” agenda at the expense of the established international human rights framework.

 

 

Andrea Worden croppedAndrea Worden is a human rights activist, lawyer, and writer. She has worked on human rights and rule of law issues involving China throughout much of her career, and previously held positions as the Acting Executive Director of Asia Catalyst, Advocacy Director with the International Campaign for Tibet (ICT), and Senior Counsel at the Congressional-Executive Commission on China (CECC). Her essays and articles on human rights issues in China have appeared in such publications as the The Pro-Democracy Protests in China: Reports from the Provinces, Yale-China Review, Georgetown Journal of International Law, South China Morning Post, and China Rights Forum, among others.

Follow her on Twitter @tingdc

 

 


Andrea Worden’s UN human rights series on China Change:

China Pushes ‘Human Rights With Chinese Characteristics’ at the UN, Andrea Worden, October 9, 2017.

As the UN Declaration on Human Rights Defenders Turns 20, China Wages a Multi-Pronged Attack on Rights Defenders, Andrea Worden, March 14, 2018.

With Its Latest Human Rights Council Resolution, China Continues Its Assault on the UN Human Rights Framework, Andrea Worden, April 9, 2018.

China Fails in its Gambit to Use the UN NGO Committee to Silence the Society for Threatened Peoples and Uyghur Activist Dolkun Isa, July 10, 2018.

 

 

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