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Foreign Exchange and Cooperation in Human Rights Education

2014-09-11 15:19:41Source: CSHRS
-- A Case Study of the China University of Political Science and Law
 
Ban Wenzhan
China University of Political Science and Law

Exchange and cooperation in the field of human rights education, between higher education and research institutions in the Chinese mainland and foreign human rights institutions and relevant international organizations, are an important aspect of human rights exchange and cooperation between the Chinese mainland and foreign countries. The China University of Political Science and Law is the first university in the mainland to establish the human rights law discipline and one of the first national human rights education and training bases, playing an exemplary and leading role in the field of human rights education and foreign exchange and cooperation. Summaries and analyses of the background, objectives, modes and effects of the China University of Political Science’s work in the field of human rights education and foreign exchange and cooperation may provide a useful reference for other existing and potential foreign partners in the field of human rights education.[page]

I. Background on Foreign Exchange and Cooperation in Human Rights Education

1. International Background

Since the early 1990s, with the end of the Cold War, the fight about human rights issues in the international community has eased; dialogue, exchange and cooperation have deepened and widened; consensus on the significance, content and realization of human rights has increased;and more people have begun to pay attention to the role of human rights education in guaranteeing and realizing human rights. Following the 1993 Vienna Declaration and Programme of Action, which clearly requires governments to carry out human rights education, training and publicity, the United Nations developed and implemented The United Nations Decade for Human Rights Education, the International Plan of Action (1995-2004), the first phase of the World Programme for Human Rights Education Action Plan (2005-2009), and the second phase of the World Programme for Human Rights Education Action Plan (2010-2014). Under the guidance of these action plans, many countries, intergovernmental international organizations and institutions (especially the Office of the High Commissioner for Human Rights, or OHCHR), nongovernmental organizations and academic institutions have launched a variety of human rights educational activities with different form and content, including providing assistance and support to human rights education in other countries.

The formulation and implementation of the World Programme for Human Rights Education Action Planhave created good external conditions and opportunitiesfor relevant international human rights organizations, international organizations and foreign NGOs and academic institutions for assisting and supporting China’s actions on human rights education. In 2000 and 2001, the OHCHR signed a memorandum of understanding on human rights technical cooperation and the second phase of a cooperation agreement with the Chinese government, requiring both parties to cooperate in the field of human rights education. Some foreign NGOs and academic institutions in the field of human rights education have actively and effectively supported China’s efforts in human rights education. For example, in the mid 1990s, the Norwegian Centre for Human Rights Under Law of the University of Oslo, Norway, the Raoul Wallenberg Institute of Human Rights and Humanitarian Law at Lund University in Sweden and the Danish Institute for Human Rights have made encouraging China’s human rights education as one of their main objectives. To this end, the Norwegian Centre for Human Rights in 1997 set up a project involving the rule of law in China, referred to as the “China Project.” The Raoul Wallenberg Institute of Human Rights and Humanitarian Law in 2001 set up an office in Beijing. The three human rights institutions soon became major partners of Chinese universities and research institutions, including the China University of Political Science and Law, in the field of human rights education.[page]

2. National Background

Since the adoption of the reform and opening-up policy in the late 1970s, particularly since the early 1990s, China has made great achievements in pushing forward human rights policies and laws. In terms of policy making, in November 1991 the State Council Information Office issued China’s first white paper on human rights, acknowledging the greatness of human rights and the lofty ideal of fully enjoying human rights. In September 1997 and October 2007, the 15th National Congress of the Communist Party of China (CPC) and the 17th CPC National Congress wrote “respecting and ensuring” human rights into its political documents and the CPC Constitution, respectively, making it an important mission of the ruling Party. In March 2006, the Fourth Session of the 10th National People’s Congress reviewed and approved the Five-year Plan on National Economic and Social Development, for the first time including “respecting and ensuring human rights and promoting the cause of comprehensive human rights development” in national development planning, making it an important theme of China’s national construction and social development. In terms of legislation, in March 2004, theclause “the state respects and safeguards human rights” was included in the Chinese Constitution for the first time, forming a constitutional provision that requires the state to respect and ensure human rights. The NPC and its Standing Committee and the State Council have developed a number of laws and administrative regulations directly related to human rights. Many related laws and regulations have been modified or abolished.

Domestic progress in China’s human rights cause as well as China’s actions in the international field of human rights have greatly promoted the development of domestic human rights research and education. In terms of human rights research, since 1980, the number of researchers and research institutions working on human rights theory has increased significantly, with rapid growth in research results. With regard to human rights education, since the late 1990s, more and more higher education and research institutions as well as researchers have begun offering human rights courses and seminars, compiled human rights textbooks, pushed forward human rights programs in human rights legal education, and participated in international exchange and cooperation in human rights, which have been encouraged and supported by the Chinese government.1[page]

The Chinese government actively supports human rights education and international exchange and cooperation, providing policy support and legal protection for Chinese universities and foreign institutions in human rights education exchange and cooperation. The appearance and development of Chinese human rights research and education activities at universities also create some material and psychological conditions for such exchange and cooperation.

II. General Information on International Exchange and Cooperation in Human Rights Education at the China University of Political Science and Law

1. Partners

The China University of Political Science and Law began its international exchange and cooperation in human rights education in the late 1990s. So far, its regular partners are the Norwegian Centre for Human Rights, the Raoul Wallenberg Institute of Human Rights and Humanitarian Law and the Danish Institute for Human Rights. In addition, the university has undertaken exchange and cooperation in human rights education with many foreign education or research institutions, NGOs, international intergovernmental organizations or institutions, and foreign representative offices in China, such as the University of Essex Human Rights Centre, the University of Nottingham Human Rights Law Centre, the Queen’s University Belfast Centre for Human Rights, the University of Cambridge Human Rights Centre, the Exeter University School of Law, the British Council office in Beijingand the British Embassy in Beijing (all from the United Kingdom); Georgetown University Law Center, Yale University School of Law, the Human Rights Institute at Columbia University, New York University School of Law, the Carter Center and the Ford Foundation (all from the United States); Democracy and the Right to Development, the International Centre of Canada; the Irish Museum of Culture and Education Centre for Human Rights of Ireland; the University of Sydney in Australia; the Southwest University of Wales; Akuleili University of Iceland; the Institute for Human Rights, Texaco University of Spain; the Institute of Human Rights of Utrecht University of the Netherlands; the Centre for Human Rights and Democratization of the European University; andthe European Commission and the European Court of Human Rights.[page]

2. Cooperation Objectives

Many foreign partners, especially frequent partners, set up clear objectives before exchange and cooperation with the China University of Political Science and Law was even carried out. For example, the three human rights organizations from the Nordic countries, the Norwegian Centre for Human Rights, the Raoul Wallenberg Institute of Human Rights and Humanitarian Law and the Danish Institute for Human Rights, all have the mission of promoting the dissemination, acceptance and application of international human rights standards in various countries around the world. Exchange and cooperation in human rights education with academic institutions of other countries are an important means of fulfillingthis mission. In the course of performing their functions, the focus of their work is based on different considerations. The three human rights organizations’ emphasis on academic exchange and cooperation with China in the field of human rights education institutions also differs. For example, since the establishmentof the Norwegian Centre for Human Rights, projects in China have been long-term academic exchanges with Chinese partners, with close cooperation as the cornerstone of its work in China and the promotion of China’s human rights education, in particular human rights law at Chinese universities, as its primary focus. The Raoul Wallenberg Institute of Human Rights and Humanitarian Law also attaches great importance to helping build the capacity in academic departments of law forteaching international human rights law. For the Danish Institute for Human Rights, promoting China’s human rights education is a relatively minor goal; even more important is encouraging China to develop or amend laws to enhance public participation and ensure judicial relief. Even so, the three human rights organizations all agree that exchange and cooperation with Chinese universities in the field of human rights education helps Chinese university teachers better understand and improve their knowledge of international human rights standards, improve human rights teaching and research methods in order to enhance research quantity and quality, and also contribute directly to Chinese university teachers and their institutionsstrengthening mutual exchange and cooperation with the Nordic institutions, and promote the development of human rights law teaching and research at Chinese universities. In the process of exchange and cooperation between the three Nordic institutions and the China University of Political Science and Law and other Chinese universities or academic institutions, these purposes have been consistently emphasized and fully reflected.[page]

Compared with many foreign partners, the China University of Political Science and Law once lacked clear and long-term plans and goals related to carrying out international exchange and cooperation in the field of human rights education. In the first years of such cooperation, the China University of Political Science and Law took it as a new method of international exchange and cooperation for law education. In June 2002, the China University of Political Science and Law decided to establish the Institute of Human Rights and Humanitarian Law, enabling the institute to carry out theoretical research in the field of human rights, personnel training, community service, and academic exchange and cooperation. The institute established the goals of “promoting human rights education in human rights research, training human rights professionals, spreading the knowledge of universal human rights, popularizing human rights awareness, and promoting the protection of human rights,” which fit quite well with the missions of the three Nordic human rights organizations in promoting China’s human rights education. However, the university had always stressed its position as a “research institution” and function of “theoretical study,” with no high expectations of “professional training.” Thus, although the university conducted a lot of communication and cooperation in the field of human rights education and achieved remarkable results, its work still was characterized by a lot of passivity and randomness. In December 2011, the Human Rights Institute of the China University of Political Science and Law, also a national human rights education and training base, was formally established. The function of human rights training and academic exchange and cooperation has been significantly enhanced, and the goals for foreign exchange and cooperation in the field of human rights education are also broader and clearer.

3. Modes of Cooperation

The China University of Political Science and Law has generally adopted two modes in carrying out international exchange and cooperation in the field of human rights education: One is based on formal agreements for projects, the other is nonproject cooperation that requires no formal agreement. The former mode is usually applied to the more important cooperation on behalf of their respective institutions; the latter mode is generally applicable to a class of temporary or individual exchange activities.[page]

Since 1998, the China University of Political Science and Law has signed a large number of human rights education cooperation agreements. Under these agreements, between 1998 and 2002, the China University of Political Science and Law, the Foreign Affairs College and the Norwegian Centre for Human Rights carried out the compilation of “The International Human Rights Law Guide”; between 2001 and 2004, the university and the British Council’s Beijing office jointly accomplished the Human Rights Act core textbook compilation project; in 2002, the university and the three Nordic human rights institutions held the Second China-Nordic International Human Rights Law Seminar for Chinese University teachers; in 2003, the university conducted the Human Rights Law Training Project for university teacherswith the support of the European Commission; in 2004, the university and the three Nordic human rights institutions sponsored the Fourth China-Nordic International Human Rights Law Seminar for Chinese University teachers; in 2004 and 2005, the university, the British Council’s Beijing office and the Norwegian Centre for Human Rights jointly sponsored the human rights law textbook donation program; in 2004 and 2005, the university and the Norwegian Centre for Human Rights jointly conducted a survey on human rights law teaching at universities in western China; in 2007 and 2008, the university organized two human rights law training program sessions with the support of the Carter Center; in 2009, the university cooperated with the three Nordic human rights institutions to hold the SecondAnnual Meeting of the Human Rights Education Project for Chinese Universities; and in 2012 and 2013, the university and the Norwegian Centre for Human Rights jointly carried out a human rights law teaching and research project for Chinese universities. In addition, under the research framework between the China University of Political Science and Law and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, the university began in 2004 to hold, alone or jointly with the institute, a series of four lectures on human rights (2008-2012), five human rights law summer school programs (2009-2013), and two workshops on justice and human rights protection (2011). The project actually played a human rights education function. In addition to these formal cooperation projects over the past 10 years, the China University of Political Science and Law and many representatives of foreign organizations and institutions or individuals have frequently carried out various types of exchange activities, including visits, lectures and seminars. In recent years, the scope of such exchange and cooperation has been gradually extended to the field of student exchange.

III. Effects of International Exchange and Cooperation by the China University of Political Science and Law

Through the joint efforts of the China University of Political Science and Law and various partners, bilateral exchange and cooperation projects in the field of human rights education have been effectively carried out and have achieved many direct results. For example, since 2002, two human rights law textbooks have been published; more than 200 university teachers have received human rights law training or participated in exchange regarding human rights law teaching experience; 80 master’s and doctoral degree candidates have received human rights law training; about 500 undergraduate and graduate students, including a dozen foreign students, have participated in summer courses on human rights law; and nearly 1,000 judges have participated in judicial and human rights protection workshops and lecture series.[page]

Successful implementation of the cooperation agreements between the China University of Political Science and Law and foreign partners has had a positive impact on concerned parties and relevant target groups. According to written evaluations from teachers who have participated in the human rights law study, training and experience exchange activities, each teacher has acquired knowledge, materials, methods and attitudes needed for human rights law teaching. Through the development and implementation of the cooperation agreements, the partners have continued to deepen mutual understanding, trust and support. For the China University of Political Science and Law, exchange and cooperation with foreign partners have greatly enhanced its status and influence at home and abroad in the field of human rights education, and have comprehensively improved its human rights law teaching, research, community service and academic ability in exchange and cooperation.

In addition to more easily observable results and impacts, exchange and cooperation between the China University of Political Science and Law and its foreign partners in the field of human rights education have also promoted China’s human rights education, especially human rights law teaching at universities, and research and institution building. In the past 10 years, China has had a growing number of colleges and universities offering human rights law courses and establishing human rights research institutes. In addition, a growing number of teachers and researchers have engaged in teaching human rights law;conducted research;engaged in social service, international exchange and cooperation; as well as have become involved in the legislation and implementation of human rights laws, policies and plans. The China University of Political Science and Law has played a definite role in international exchange and cooperation in the field of human rights education. Taking into account that these multiple factors may affect each other, the scope and extent of this effect remains to be further evaluated and analyzed.

The international exchange and cooperation of the China University of Political Science and Law has been based on the international human rights cause and the development of China’s domestic human rights, human rights law and human rights education. Exchange and cooperation have been aimed at promoting human rights law education at Chinese universities as the direct objective,with pushing forward the development of China’s human rights education and research, as well as improvement of human rights mechanisms and human rights conditions, as the longer-term goal. Despite its short history and other limitations, the China University of Political Science and Law’s exchange and cooperation activities have achieved great results and rich experience has been accumulated. Due to restrictions imposed by its environment and its capabilities, the China University of Political Science and Law is faced with many difficulties and obstacles. More active and positive measures should be taken to expand the scope of human rights law-related exchange and cooperation, increase the quality of such exchange and cooperation and help realize the goalsof such exchange and cooperation.[page]

(The author is professor and vice dean of the Human Rights Institute of the China University of Political Science and Law.)

1.The Chinese government in April 2009 and February 2012 released two National Human Rights Action Plans, which indicated a principled stance of encouraging colleges and universities to carry out human rights education and related international exchange and cooperation. A number of objectives and measures were specified. As one of the first concrete measures to implement the National Human Rights Action Plans, the Ministry of Education and the State Council Information Office designated on April 2, 2011 the China University of Political Science and Law, Nankai University and Guangzhou University to build the first national human rights education and training bases.

 

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