Human Rights in China BACKGROUNDER - March 2017 Summary Introduction The Chinese experience of the first half of the • The People's Republic of China twentieth century can be characterized by (PRC) has chosen to promote instability and widespread suffering. Politi- collective rights such as the right to cally the intervention of imperialist powers development. and weak governing institutions drove a wedge between rural and urban population. Near constant warfare and political strife im- • The PRC can improve human rights conditions further. However, poverished much of the country, exposed the civilian population to hunger, violence and due to its massive population and other forms of abuse. Due to this historical economy any reforms have to be context it is no great wonder that the People’s gradual. Republic of China (PRC) emerged from this era of turmoil with a vision of guaranteeing • Ideological differences often put the rule of law and the human rights of its China at odds with commentators citizens.1 Having inherited a vast and diverse from abroad whose perspective country devastated by decades of war, the differs with policymakers. young PRC set about enacting reforms to modernize the country and improve condi- • This ISDP Backgrounder presents tions for people. the historical context to human Individual Rights vs. Collective Rights rights in China as well as a summary of three issues; labor Like many other non-Western states, China rights, gender and sexual equality emphasizes collective rights over individual and minority rights. rights. This difference has been a point of contention for Western-oriented proponents Each section is linked to a longer who view collective rights as superfluous. • They argue that if states genuinely safeguard article produced by ISDP. individual rights then collective rights would naturally follow. Alternatively, those who INSTITUTE FOR SECURITY & DEVELOPMENT POLICY – WWW.ISDP.EU 1 advocate for collective rights believe that the tains a separate fund to support research promotion of collective rights better allows pertaining to human rights. individuals from various groups to enjoy There are also several state funded centers their fundamental rights. But, collective and which promote the study of human rights individual rights may not necessarily need issues. Chief among these are the Center for to be in contention. It is entirely conceiv- Human Rights Studies at the People’s Uni- able that promoting rights for an individual versity of China, and the Center for Human within an oppressed group can further rights Rights Studies at Shandong University. for that group. Equally, promoting rights at a These academic programs seek to explore the group level can offer an oppressed individu- often complex topography of individual and al greater freedoms. To bring China into this community rights in China and often work debate it is argued that its unique historical closely alongside legal faculties at Chinese legacy and national conditions have lead it universities. The Communist Party of China to a position where it tends to place greater (CPC) maintains a separate working group value on collective rights such as the right to for human rights issues, called the Research development. Center for Human Rights. It seeks to survey Indeed, the Chinese people of today enjoy the relationship between the developments a vastly superior average standard of liv- in the field of human rights with the poli- ing than their predecessors did only half a cy endeavors of the government in Beijing. century ago and the government in Beijing Since the early 1990’s there has been a nota- continues to pursue policies to meet evolving ble increase in efforts by the government to challenges. improve the human rights situation in both urban and rural China.4 Human Rights in the PRC Criticisms Treaties & Organizations Proponents and defenders of China’s human The PRC is a signatory member to the Inter- rights record claim that the state’s approach national Covenant on Economic, Social and to human rights is sufficient to safeguard citi- Cultural Rights as well as to the International zens against potential abuses. Policies aimed Covenant on Civil and Political Rights, al- at preventing ‘traditional’ abuses, such as though the latter has yet to be ratified. These discrimination on grounds such as gender two international treaties form the basis of or race, as well as the developing fallout the United Nations’ policy on human rights from newer areas, like environmental deg- legislation. radation have taken center stage in the party 5 Within China, the main NGO (Non-gov- programs of recent decades. Since 2009 the ernment Organization) focused on human Information of the State Council of China rights issues is the China Society for Human has published the “National Human Rights Rights Studies (CSHRS).2 Founded in 1993, Action Plan of China,” available in both 6 the CSHRS serves to research and raise Mandarin and English. Currently in its third awareness about human rights, in an effort iteration, the document outlines the different to raise human rights standards within the areas covered by Chinese human rights poli- country. It also serves as the premier Chinese cy and details the measures the government interlocutor on international bodies focusing intends to take to further these in the period 7 on human rights, such as the United Nations from 2016 to 2020. Conference of Non-Governmental Organiza- Despite serious criticisms of its human tions (CoNGO).3 Much of the funding for this rights record, which are often simplistically NGO comes from the China Foundation for portrayed as the West finding fault with a Human Rights Development, which main- repressive East, the PRC has taken strides INSTITUTE FOR SECURITY & DEVELOPMENT POLICY – WWW.ISDP.EU 2 to reform many of the policies and practices The Right to Development which can become abusive. This includes Historically China has been subject to nu- changes to capital punishment, the con- merous instances of famine, brought about troversial hukou-system and the one-child by crop failures and internecine warfare. policy, to name but a few. Well into the twentieth century, the lega- The Chinese leadership has opted for an cies of war and internal strife, as well as the approach that seeks to reconcile the human painful first steps toward modernization, rights needs of its citizens with the legal vast swathes of the country were left vul- principles of the constitution by increasing nerable to malnutrition, sporadic violence, awareness of human rights issues within the and outbreaks of disease. Infant mortality, as population, curbing potential abuses and fine well the visible traces of hunger and trauma tuning best practice methodologies. were commonplace in the Chinese heartland at this time. The Chinese Perspective Given this history there is an emphasis on When discussing Chinese government policy the right to development and economic it is important to understand some aspects of opportunities both of which are codified Beijing's perception of the way in which citi- in the United Nations 1986 Declaration on zen interact with the state. While the roots of the Right to Development. China's Human China's philosophy on human rights can be Rights Action Plan affords these issues pride traced back centuries, it is much more help- of place, enshrining the “Right to Work” and ful to look at the recent past and the national the “Right to Basic Living Standard” as part conditions within China in order to form a of its platform on “Economic, Social and more nuanced understanding of the current Cultural Rights.”8 This is perhaps unsurpris- human rights discourse. ing in a country which can boast of being home to one of the world’s fastest growing economies. Over the past 40 years a truly enormous portion of the world's population has been lifted out of poverty. The lion's share of these people are inhabitants of the PRC, amount- ing to more than 300 million people. This has all occurred within a very short time frame, meaning many people who lived through this transformation process are still alive and active members of society. Especially consid- ering the high levels of poverty preceding this development, the increase in national prosperity must have seemed meteoric to the millions who experienced and benefited from it. Although it should not be forgotten that the explosive growth of China’s coastal cities relative to the Western provinces. This growth has resulted in a wide development gap between the East and the West. Figure 2: Artwork depicting Chinese migrant workers. INSTITUTE FOR SECURITY & DEVELOPMENT POLICY – WWW.ISDP.EU 3 Labor Rights an increased awareness of the differences in living standards have led to a situation China’s burgeoning economy and rapid in which migrant workers have become a development have drastically changed the mainstay of China’s economic growth. In an social and political order of the country. The effort to reduce tensions within the Chinese PRC’s legacy has enshrined the function of population, the government introduced the state as a guarantor of labor rights, and reforms to the hukou-system, easing restric- the Human Rights Action Plan reflect this tions on the ability of migrant workers to historical context. China’s enormous popula- register in urban centers in December 2015. tion and favorable investment climate have China’s Human Rights Action Plan for 2016- made it a hub for labor intensive production. 2020 specifically targets migrant workers, Companies from all over the world make aiming to increasing opportunities for them use of the Chinese labor market to produce to start small businesses and encourage skill goods. Indeed, China’s labor force is a key specific training.11 driver of the transformation of China into a global economic powerhouse. Gender and Sexual Equality The hukou-system Women’s rights have been a cornerstone of Historically, China’s labor relations have Chinese politics since before the time of Mao been dominated by the hukou-system, which Zedong.