Current Concerns

11 May 2021 No 10 ISSN 1664-7963 Current Concerns PO Box CH-8044 Zurich Current Concerns Switzerland The international journal for independent thought, ethical standards, moral responsibility, Phone: +41 44 350 65 50 Fax: +41 44 350 65 51 and for the promotion and respect of public international law, human rights and humanitarian law E-Mail: [email protected] Website: www.currentconcerns.ch English Edition of Zeit-Fragen Human Rights and Peaceful Co-existence among States: Universality – Diversity – Dialogue* by Professor Dr Dr h. c. mult. Hans Köchler, President International Progress Organization Peace is a supreme value of the international community. It is indispensable for “No state has the right to lecture others about their world- the enjoyment of human rights at the collective as well as at the individual level. In view, value system or socio-cultural tradition. Human rights the hierarchy of human rights norms, the right to life – the basic rationale of peace must not become a tool of geopolitics. On the basis of a – is fundamental for the realization of all joint commitment of nations to cooperate for the common other rights, whether political, economic, social or cultural. In the community of na- good of mankind, human rights discourse should instead tions, states can only flourish in the ab- sence of violence against their sovereign- become part of a global dialogue between civilizations and ty and independence. The ban on the use cultures, informed by mutual respect.” of force in relations between states, enshrined in the United Nations Charter, is an essential element of the international human rights does not mean uniformity of ed in the perception and implementation rule of law. their application. There is a rich diversi- of human rights under different historical The general obligation of states to con- ty of civilizations and socio-cultural tra- circumstances. Thus, if one is committed duct their relations in a peaceful manner ditions at the global level. The multitude to an order of peace, diversity has to be ac- implies mutual respect and non-interfer- and variety of traditions are also reflect- continued on page 2 ence in their internal affairs. This also follows from the principle of sovereign equality of states, which includes the right International Human Rights Conference in China of every state to conduct its affairs accord- More than 100 participants from China and Globalization and a former legal ad- ing to its own traditions and on the basis and abroad attended the one-day hy- viser in the Carter administration (Unit- of its specific conditions and priorities. brid conference*, sponsored by the ed States). Foreign media and social sci- In view of these universal norms, pro- China Society for Human Rights Stud- ence professionals based in China spoke claimed by the United Nations as its guid- ies and organized by the Jilin Univer- about their experiences concerning the ing purposes and principles, the enjoyment sity School of Law and Jilin Universi- human rights situation in the country. of human rights cannot, and must not, be ty Human Rights Center. The President The participants of the conference subordinated to the conduct of power pol- of the China Society for Human Rights agreed that a self-critical attitude – on itics. Human rights reflect theinalienable Studies, Qiangba Puncog, delivered the all sides – is indispensable for a fruitful inaugural speech. Ms Li Xiaomei, Spe- global debate on human rights. In the dignity of the human being – in terms of cial Representative of Human Rights Af- closing session, Chinese delegates ad- the individual (as citizen) as well as of the fairs at the Ministry of Foreign Affairs dressed the tension between East and collective organization of individuals (the of China, briefed the experts on Chi- West and emphasized the need to over- sovereign state). This implies that no state na’s participation in the work of the come misunderstandings through fact- – whether small or large, weak or pow- UN Human Rights Council. Scholars and based analysis. The Executive Direc- erful – seeks to dominate other states, or journalists from Austria, Burundi, Co- tor of the Human Rights Center at the undertakes to impose its domestic system, lombia, Egypt, France, Germany, Italy, University of Jilin (China), Professor He socio-cultural tradition and worldview Netherlands, Norway, United Kingdom, Zhipeng, organizer of the conference, upon the rest of the world. and United States shared their observa- summed up the debates, stressing the tions on the diversity of human rights cross-cultural perspectives of human In the above-described sense, human traditions in China and their respective rights and expressing the hope for con- rights – as expression of human digni- countries. Among the speakers were tinued dialogue between Chinese and ty (individual as well as collective) – Tom Zwart, Director of the Cross-cultur- foreign experts. are universal. However, universality of al Human Rights Centre at Vrije Univer- * In a hybrid conference, a subset of the siteit Amsterdam (Netherlands); Antho- people attending the meeting is located ny Carty, Professor of Public Law at the together in the same place. Other partici- * Keynote Speech at the International Human Rights University of Aberdeen (United King- pants join the meeting by conference call Conference, convened by China Society for Human dom); Rune Halvorsen, Professor of So- or web conference. (Editor’s note) Rights Studies in co-operation with Jilin University School of Law, and Jilin University Human Rights cial Policy and Co-director at the Centre Source: News Release International Pro- Center, Center for Jurisprudence Research, Jilin for the Study of Digitalization of Pub- gress Organization of 8 April 2021 (ex- University, Changchun, China, 8 April 2021; lic Services and Citizenship, Oslo (Nor- cerpt); http://i-p-o.org/IPO-Koechler- http://i-p-o.org/Koechler-Human_Rights-Peace- way); and Harvey Dezodin, Senior Re- HUMAN_RIGHTS-Changchun- ful-Coexistence-KEYNOTE_SPEECH-Chang- search Fellow at the Center for China 08April2021.htm chun-08April2021.pdf No 10 11 May 2021 Current Concerns Page 2 ”Human Rights and Peaceful …” to diversity of human rights perceptions The disparity in terms of ratifications continued from page 1 is dialogue, based on mutual respect. In corresponds to the fact that there is no uni- knowledged not only in terms of culture, an international order of peace, there sim- formity of cultures and civilizations in to- ethnicity, religion, etc., but also in regard ply is no “paradigmatic state,” and there day’s globalized world. Denying diversity to the social aspects of human rights. Cor- can be no tolerance for an intrusive human would be tantamount to an essentially to- responding to the development of civiliza- rights doctrine that only serves the inter- talitarian approach that is not only intrin- tions and cultures, there is indeed a com- ests of the most powerful states. sically antithetic to human rights, but also plex variety of perceptions and paradigms The differences in perceptions and pri- incompatible with the above-mentioned concerning notions such as “citizen,” orities, related to the social and histori- sovereign equality of states. False human “state,” “individual”, “family,” or “col- cal peculiarities of states, are also obvious rights universalism – a position that de- lective,” and their structural connection in in the ratification status of international clares as “universal” (and legally binding) different contexts. Internationally, this has human rights instruments. To give just one the particularities of a national tradition – resulted in a diversity of interpretations of example: The International Covenant on is indeed based on the legacy of coloni- social standards, conventions of social de- Economic, Social and Cultural Rights, one alism, and in particular Euro- (or: West) cency, protocol, etc., according to partic- of the core treaties of the global human centrism. What is universal is the principle ular national and civilizational traditions. rights system, is not ratified by the Unit- of human dignity, but not the implementa- Accordingly, in terms of human rights, ed States. China has signed the treaty in tion of the principle in a specific (socio- no state has the right to impose its peculiar 1997 and ratified it in 2001. It goes with- cultural) context. The notion of dignity socio-cultural tradition or system of values out saying that a country that is not party can indeed be found e.g. in the Confucian, – in general, its worldview (Weltanscha- to a treaty cannot act as authoritative inter- Christian, and other religious, but also in uung) – upon other peoples and states. preter or judge – not to speak of the role the secular traditions of Marxism or Eu- While, in certain traditions, the focus may of self-appointed enforcer – of the rights ropean Enlightenment (Immanuel Kant). be more on the assertion of the individu- enshrined in that treaty. Even among the False universalism has often served al versus the state, other traditions follow group of state parties of a treaty, no state hidden geopolitical purposes. It has pro- an essentially community-oriented ap- has the right to impose its unique socio- vided the ideological framework to justi- proach that defines the role of the citizen cultural traditions and life-style, insofar fy interference into the internal affairs of in a more integrated sense where the state as they may impact on the national imple- states. The history of so-called “humani- is not juxtaposed in opposition to society. mentation of the treaty’s provisions, on tarian” interventions, since the 19th centu- Accordingly, the only adequate approach fellow member states. continued on page 3 “The Swiss Lectures – World Order and the Rule of Law” The book “The Swiss Lectures – World to acknowledge the ‘resulting need to The book can be ordered at: Zeit-Fragen. Order and the Rule of Law” is the extend- reach an understanding beyond ideolog- Redaktion und Verlag, Postfach, CH- ed edition of the German book “Schweiz- ical boundaries’ (pp.

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