(East-West Question) Sheng Yalu: How to enhance the communication between Chinese and Western human rights concepts?
China News Agency, Brussels, May 20th: How to enhance the communication between Chinese and Western human rights concepts?
Author Sheng Yalu (Swiss jurist, tenured professor of Sinology at the University of Freiburg, Germany)
Editor's note:
On May 19, China News Service held the "Symposium on the Development Path of Human Rights in China" in Beijing.
Harro von Senger, a well-known sinologist in Europe, a Chinese legal expert from the Swiss Institute of Comparative Law, and a tenured professor of Sinology at the University of Freiburg in Germany, was invited to give a written speech, explaining the consensus and exchange of human rights between China and the West.
China News Agency's "East and West Questions" specially organizes Professor Sheng Yalu's speech as follows for readers.
China's progress in the field of human rights over the past 40 years is worthy of recognition.
Before China's reform and opening up in 1978, human rights were labelled a "bourgeois conspiracy" and denied recognition.
For a long time, only Peking University and Jilin University in China have retained the law department, and the law department of Peking University ranks second to last.
After 1978, China resumed the lawyer system. In 1996, the "principle of presumption of innocence" was introduced into the Chinese Criminal Procedure Law. In 2004, Article 33 of the Chinese Constitution added a paragraph "the state respects and protects human rights". Now law schools are blooming all over China. , the situation has fundamentally changed.
University Law School.
Photo by An Dong issued by China News Agency
More than 2,000 years ago, a Chinese philosopher once said, "If you can't tell the truth, you will know the etiquette."
It is no surprise that China believes in Marxism and focuses on economic development and economic human rights.
In March 2001, China ratified the International Covenant on Economic, Social and Cultural Rights, a good illustration of the focus of China's view on human rights.
The right to development and economic, social and cultural rights are very important, and the concept of human rights that only revolves around some individual human rights is rather narrow.
For example, Switzerland released the "China Strategy" document in March 2021, stating that China "has lifted hundreds of millions of people out of poverty" and has made "significant contributions to global poverty reduction" in the past few decades, but the document only regards these achievements as economic achievements and avoids Talking about these achievements is also human rights achievements, namely economic human rights achievements.
A photovoltaic poverty alleviation power plant on a barren mountain in Zhangjiakou, Hebei.
Photo by Chen Xiaodong issued by China News Agency
Switzerland's "China Strategy" document also pointed out that China's "One Belt, One Road" initiative is a "global development model", which aims to accelerate the development of poor provinces in western China, build infrastructure such as transportation, energy, and communications in third countries, and strengthen Asia and the United States. Connectivity between Europe and Africa.
Since the Belt and Road Initiative focuses on promoting the economic development of China and other participating countries, it should be regarded as a "global human rights project" aimed at promoting economic human rights and the right to development.
Themed flower beds of the Belt and Road Forum for International Cooperation on the streets of Beijing.
Photo by China News Agency reporter Han Haidan
In Switzerland, many parties and politicians have emphasized the need to address the refugee problem, and since most refugees heading to Europe are "economic migrants", it makes sense to promote economic human rights in Africa and elsewhere.
If Switzerland participates in the Belt and Road Initiative to address the issue of "economic migration", this participation is in line with the Swiss Federal Constitution, which states that "the Confederation shall work to alleviate suffering and poverty in the world and to promote respect for human rights".
Please note: The Swiss Federal Constitution first mentions that "the Confederation shall work to alleviate suffering and poverty in the world", and then to "promote respect for human rights".
It can be seen that the first concern is the realization of economic human rights.
The communication between Chinese and Western human rights concepts is based on the consensus between China and the West on many human rights issues, and the consensus far exceeds the differences.
For example, from 2006 to 2009, Switzerland and China were both members of the UN Human Rights Council.
During this period, the UN Human Rights Council passed 286 resolutions, of which 209 were unanimously adopted without a vote, showing that Switzerland and China have similar views on many human rights issues.
The consensus between Switzerland and China on human rights issues is long-term.
In 2018, as members of the United Nations Human Rights Council, both countries agreed to resolutions on "terrorism and human rights", "promoting human rights through sports and the Olympic ideal", "human rights and the environment", and "realizing economic, social and cultural rights in all countries". Another resolution on the right to food was passed almost unanimously, with only the United States voting against it.
This means that in the above respects, Switzerland and China stood together at that time.
From February 28 to April 1 this year, the 49th session of the UN Human Rights Council was held in Geneva.
A considerable number of resolutions at the meeting were passed unanimously without a vote.
But neither the Swiss media nor Swiss officials talk about human rights without mentioning. Switzerland shares similar views on many issues, as do other Western countries.
Inside the UN Human Rights Council, Western countries often vote for resolutions on economic human rights and the right to development, which can be described as "open secrets". trend.
In order to enhance the communication between Chinese and Western human rights concepts, it is recommended that after each session of the UN Human Rights Council, China publish a comprehensive meeting report in English, French, German and other languages, especially the names of the resolutions and the votes of Western countries. , let everyone see that the attitude of Western countries towards many resolutions is actually the same as that of China.
This is what China should do, because Western countries are certainly not willing to do it.
Of course, some controversial resolutions may make Western countries including Switzerland "make a fool of themselves". For example, in June 2017, the United Nations Human Rights Council passed the resolution "promoting the enjoyment of the right to peace", which was supported by developing countries such as China and the United States. The West voted against, and Switzerland abstained.
If the people of the United States and Switzerland learn that their countries do not support "peaceful rights", they will be very surprised, and they are likely to turn their attention from China to their own countries, from "the villain seeks others" to "the gentleman seeks himself" .
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About the Author:
Sheng Yalu, Swiss jurist and sinologist, tenured professor of Sinology at the University of Freiburg, Germany, Chinese legal advisor of the Swiss Institute of Comparative Law Published books such as "Ingenuity (Volume 2)", "Strategy", translated and published the German version of "Sun Tzu's Art of War" in 2011, "Swiss Way" in 2017, "36 Strategies for Legal Professionals" in 2020, and published in 2021 "The Law of Succession in the Civil Code of China"; proficient in Chinese law, the history of Chinese legal system, the history of Chinese legal thought, etc., has published a large number of articles on Chinese law, cultural exchanges between China and the West, etc. over the years.