CHINA AND UNIVERSAL HUMAN RIGHTS STANDARDS
(Jiangyu Wang)

(Part IV) Recommendations and Conclusion

China has made some progress in providing human rights protection to its citizens, yet it has a long way to go when measured against universal human rights standards. Since it has very often been noted that China's stability and prosperity conform to the interests of the West, [FN73] and it has been proposed that there is a "democratic peace" linkage between human rights and a sound political system, international and regional security, arms proliferation, and the world's environment, the international community is justified in their great concerns regarding China's application of the universal human rights standards. However, such concerns should be approached in a realistic way, comporting with the international political, economic and cultural norms, while remaining conducive to China's national and cultural climate. There are several points worth reflecting on as both the Chinese government and the West consider what they can do to improve China's human rights record.

First, the Chinese leadership should understand that enhancing China's protection of human rights, according to basic universal human rights standards, presents no threat to Chinese interests. The goals of the international human rights regime are consistent with China's announced internal goals of rule of law, prosperity, stability, and decision-making. The Chinese government's argument that human rights violations are a necessary trade-off to achieving economic development is *157 simply not viable. This argument can be refuted by evidencing the fact that the best human rights protections are offered by the most developed countries.

Second, those who want to influence China should keep in mind that economic engagement is the most effective way to fulfill their purpose, and it is a substitute for human rights policy pressure. In any country, economic growth leads to the development of a large and strong middle class. Eventually, a middle class will make demands on political leaders for greater participation, accountability, and openness in the government. The only question is how long it will take. In his recent book, Dragon in a Three-Piece Suit, China scholar Doug Guthrie surveyed industrial firms in the Shanghai area and concluded that increased foreign involvement in a company--through direct investment or joint venture arrangements--leads to improved human rights and labor conditions in these firms. [FN74] Thus, Mr. David Lampton, Director of Chinese Studies at the Nixon Center, correctly observed that the development of a middle class is the most important developmental change taking place in China. "Once you have a property-owning class, a class that has something to lose by virtue of government regulation . . . you find middle classes want to get involved politically to shape the nature of that regulation." [FN75] These arguments have been evidenced in many cases in China's local election process in which some millionaires participated in elections running for public offices, and won successfully against with the government-backed candidates. On the contrary, economic separation and sanctions will only reduce the Chinese people's contact with the outside world and block their exposure to existing human rights standards that citizens in other countries are enjoying. Armed with this new knowledge, they have begun to press their own government to guarantee them the same rights.

Third, cultural and educational exchanges play a very important role in transforming Chinese thoughts and values, as well as Chinese people's attitudes toward the outside world. Constructive efforts, such as educational and technical assistance, exchanges of specialists, and institution building have successfully brought new thoughts and ideas to China. This is contributing to developments in numerous areas such as building the court system, reforming legal codes, training the legal profession, upgrading prison administration, and improving the social welfare *158 system. These contributions can be expected to increase in the future. Thus, it can be logically inferred that if China could ultimately establish modern political, legal and economic institutions, it would be more willing to accept universal human rights standards.

Fourth, universal human rights standards will be more acceptable to the Chinese if they turn out to be based on purely humanitarian and moral concerns. The human rights agenda is damaged by its combination with other goals, including opposition to communism, antagonism to family planning, and promotion of Tibetan and Taiwan independence. Under these circumstances, the Chinese government will be in a very easy position to convince its people that the West is trying to weaken and harm China by using human rights as a pretext to intervene in China's internal affairs.

In brief, China has achieved some improvements in human rights protection both on paper and in reality. It has also absorbed the procedures and norms of the international human rights regime to the point where it has prepared to accede to the major U.N. human rights instruments. Although there remains a long way to go, the future looks promising if the West and China can interact properly with each other, based on both sides' sincere concern for human welfare, as well as with a clear understanding that each side has its own perspectives and goals that must be respected.

(Footnote Omitted)