As one of the foundations for the legitimacy of the United Nations, the universal human rights system derives from the Universal Declaration of Human Rights (hereafter, “Declaration”). After World War II, the international community formulated the Declaration, the most important international human rights legal document, under the direction of the United Nations, based on reflections on brutal aggressive wars and large-scale violations of human rights. The Declaration made a list of the basic rights and freedoms human beings are entitled to, and set the goal of human rights that different countries should strive to achieve. However, some people often just associate this human rights legal document with the Western conception of human rights, but ignore other cultural and thought elements in it. In fact, this Declaration, which benefits people all over the world, was produced out of the communication, exchange and integration of various civilizations across the world. In addition to Western human rights philosophies, the Chinese people, Chinese civilization and Confucianism also made a great contribution.

 

Through studying the history of drafting and passing the Declaration, we can see that Peng-chun Chang, China’s then permanent representative to the United Nations Economic and Social Council and vice president of the UN Commission on Human Rights, played a key role in the process. Not only did he facilitate the smooth drafting of the Declaration through peaceful negotiation, but he also applied Chinese Confucian philosophies in its drafting and debate, and helped incorporate these ideas into the document. In other words, he was also a forerunner of transcultural human rights exchanges.

 

In 2008, which witnessed the 60th anniversary of the issuance of the Declaration, the 61st World Nongovernmental Organizations Annual Meeting was held in France, and the venue was set in the UNESCO Building in Paris. During the meeting, the paintings of the main drafters of the Universal Declaration of Human Rights were specially placed on both sides of the stage in the venue. They included Eleanor Roosevelt, Charles Malik, Rene Carson and John Humphrey.1 Among them, Peng-chun Chang’s painting was put on the second place on the stage on the left, which shows great recognition by the host of this Chinese scholar for his contribution to international human rights legislation. In addition, in the introduction to the drafting committee for the Declaration on the official website of the United Nations, his English name, Peng-chun Chang, is listed next only to the president of the Drafting Committee, Eleanor Roosevelt. He was the only vice president of the committee, and was introduced as follows: Peng-chun Chang, a Chinese representative, vice president of the Commission on Human Rights, playwright, philosopher, educator, diplomat and famous Chinese director of modern dramas. He could explain to other representatives the Chinese human rights concept, resolved many deadlocks during the negotiation by applying Confucian philosophies creatively and helped reach reconciliation among various conflicting ideologies. He firmly proposed to delete all metaphors about Nature and God in the Declaration, upholding that the declaration should be universal.[page]

 

The Chinese representative Peng-chun Chang (Oct. 21, 1892-July 19, 1957) was also called Peng-chun (this Peng is a different character from the Peng above) and called himself Zhong-shu. Coming from Tianjin, he was the younger brother of the president and founder of Nankai School, Zhang Boling. He graduated from Nankai High School in 1908, and then went to America to study psychology, sociology, pedagogy and philosophy at Clark University and Columbia University. He received a Bachelor of Arts degree from Clark University, and a Master of Arts and Master of Pedagogy degree from Columbia University. In June 1919, he enrolled at Columbia University in a doctoral program in philosophy and pedagogy. Peng-chun was once the deputy head and director of the Nankai New Troupe, a professor and acting president of Nankai University, the dean of studies at Tsinghua University, as well as a diplomat for the government of China. He not only made a significant contribution to the founding of Nankai University and Tsinghua University, but played an important role in foreign affairs. His achievements in drama won ever greater acclaim. He was the Chinese permanent representative to the United Nations Economic and Social Council and vice president of the Commission on Human Rights. Later he held the post of chief Chinese representative to the United Nations Conference on Press Freedom, served as the Chinese representative to the Security Council, and was also one of the initiators of the World Health Organization.

 

According to research by the writers, during the process of drafting the Declaration, Peng-chun Chang exerted direct or indirect influence on the formulation and establishment of many articles, including but not limited to the first and second articles on the right to equality and nondiscrimination, the sixth article on the right to legal personality, the seventh article on the right to equal protection under the law, the 14th article on the right to seeking and enjoying international asylum, the 20th article on the right to freedom of peaceful assembly and association, the 21st article on the right to participation in political affairs, the 24th article on the right to rest and leisure, the 25th article on the right to obtaining a certain degree of living standards and social services as well as the 26th article on the right to education and so on.

 

Why did the Chinese delegation, with Peng-chun Chang as its central figure, make such a great historical contribution to the Declaration? Certainly, there were elements related to the international political situation: China had become one of the four great powers in the world along with the USA, the Soviet Union and Great Britain after the Second World War, and improved its international status and its say in the international community. In addition, the enormous sacrifices China made during the Second World War to fight against Fascist aggression, seek world peace and safeguard international human rights made its admission to the United Nations Commission on Human Rights enjoy popular support. At the same time, the personal contribution of the Chinese representative Peng-chun Chang is also worth mentioning. Apart from his talents and efforts, Chinese traditional Confucian philosophy also played a very significant role, because regardless whether it was on the Commission on Human Rights or the Third Committee of the United Nations General Assembly, his skilled usage of this philosophy left a very deep impression on representatives of different countries.[page]

 

Peng-chun Chang helped reach reconciliation among different schools of thought by applying Confucianism during the drafting process, explained the Chinese human rights conception to other representatives and creatively resolved many deadlocks in debate. He introduced Confucian theories and philosophies on human rights to the Commission and other UN member states and was good at ingeniously making use of Confucian views and thought to explain his own propositions and viewpoints during his speeches and debate. During the process of drafting the Declaration, he also usually used statements, strategies and methods from Confucian classics to mediate disputes, ease conflicts and resolve problems. Therefore, he was regarded as the spokesman for Oriental Civilization by different countries’ representatives on the Commission on Human Rights.

 

The president of the commission, Mrs. Roosevelt, once happily remarked that Peng-chun Chang was able to deal with any occasion by quoting Chinese proverbs.2 Humphrey wrote in his diary in 1948, “In terms of intelligence, he (Peng-chun Chang) is far more intelligent than other members of the Third Committee. I also like his (Confucian) philosophy.”3 He also recalled in an essay written in 1983, “He (Peng-chun Chang) is a master of coordination with a whole set of statements from Confucian classics. He can always come up with solutions when deadlocks emerge in the Human Rights Commission.” When the Declaration was about to be passed, the then president of the Third Committee Malik said in his speech, “I'm afraid I could not name nor pay tribute to everyone who has engaged in the drafting until now, but I have to mention my old rival Peng-chun Chang, who successfully broadens our horizon by frequently quoting remarks of oriental wisdom and philosophy, and agreeably corrects many of our articles with his special drafting talent.”4

 

A more important contribution of Chang was that he incorporated Ren (benevolence), the core idea of Confucianism, into the Declaration and universal human rights theories. The description of conscience in the first article of the Declaration is commonly regarded as the most distinct symbol of Chang’s incorporation of Confucian thoughts into the document, and also an important reason why Chang is widely acclaimed by both Chinese and foreign scholars. The latter part of the first article reads: “They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” The word “reason,” which accords with Western rationalist traditions, was incorporated based on suggestions by the commission reporter, Malik from Lebanon, while the word “conscience” was entirely contributed by Peng-chun Chang. Originally the article read: “People should be brothers. As members of a family endowed with reason, they are free and equal in dignity and rights.” In the 8th session of the first drafting committee, the president, Mrs. Roosevelt, expressed her satisfaction with this description. But Chang also expressed his opinion. He said another concept should be added on the basis of reason, which, if translated literally from Chinese, should be two-man-mindedness, equivalent to sympathy or consciousness of one’s fellow man in English. He said that this new conception should be seen as man’s basic attribute.[page]

 

Consciousness of one’s fellow man, in his words, is the core Confucian idea Ren (benevolence). He attempted to elaborate this conception, which derives from Confucianism but should be shared by all human beings in the world: Ren (benevolence) means one is conscious of others’ needs the same as himself. So he can think of others’ entitlement to the same right when he is enjoying that right. French delegate René Carson said that Ren (benevolence) actually differentiates between men and animals, and endows men with more solemnity and obligations than other beings on the globe. As there is no accurate equivalent of Ren in English, Carson proposed to represent Ren as Rousseau’s “compassion,” while Malik and British representative Wilson suggested translating it as “conscience.” Though the expression still fails to express its meaning, Chang reluctantly accepted the latter. Finally, the commission decided to use “conscience” as the translation for Ren.

 

As a doctor of philosophy from Columbia University in the U.S., Peng-chun Chang was a master of both Chinese and Western philosophy. Because he understood the West, he was more able to find weaknesses in Western culture and valued more of the positive elements of the Chinese tradition. As a matter of fact, he was the only Asian on the drafting committee who could represent Asian values. His contribution lay in the fact that he penetrated the whole drafting process with Confucianism, proved the possibility of integrating Confucianism and human rights in practice, and provided helpful insights for universal human rights theories.

 

Today, the historical fact that Peng-chun Chang introduced Confucianism into the Declaration has been noticed by many foreign human rights researchers. For example, Sumner Twiss, a renowned human rights scholar and professor at Yale University, after referring to official UN records and Humphrey’s diary, points out in his research: “I’m sure that the Chinese representative Peng-chun Chang introduced in those days some Confucian thoughts, strategies and viewpoints into the deliberation process of the Universal Declaration of Human Rights, which led to the formulation of this document. The scope and influence of this contribution of Confucianism is much wider and bigger than reported. Mr. Chang is believed by Humphrey to be an outstanding talent in the Third Committee, and he has fulfilled more obligations than anyone else on this matter.”5 Prof. Meghan Loftus from the McCourt School of Public Policy at Georgetown University speaks even more highly of him. He thinks that Chang pushed the drafting forward at a critical moment by applying profound Confucian philosophy, thus helping the Declaration survive.6 There are other scholars who attribute this success to Peng-chun Chang himself and the openness and inclusiveness of his Confucian philosophy. For instance, Academician Mireille Delmas-Marty from the Institut de France appraises Peng-chun Chang this way: “As a man cultivated by a great culture (a Chinese cultural Renaissance representative), he went to the U.S. for further study on the Boxer Indemnity Scholarship Program, assumed the office of Chinese ambassador in Turkey and gave a lecture in Baghdad on Chinese and Arabian cultures to compare Confucianism and Islamism. All these experiences could prove the openness of his spirit. He even suggested members of the drafting committee take several months to study Confucianism.”7 Professor Glendon summarized that Chang was “good at bridging the cultural gap.”8 He not only contributed important viewpoints on his own culture, but boasted a remarkable ability to understand other cultures and bridge conceptions which originated from different knowledge systems.9[page]

 

The integration of Chang’s openness in his personal learning and inclusiveness of Confucian philosophy was one of the important reasons why Peng-chun Chang and his Confucianism became a significant driving force in passing the Declaration. His successful application of Confucianism promoted smooth drafting and passing of the document, and incorporated Confucian thought into its content. As a pioneer who applied in practice Confucianism in the field of universal human rights, he realized the successful integration of Confucianism and human rights theories, enriched the connotation of the human rights concept, and made a very important contribution to the drafting and passing of the Declaration.

 

Peng-chun Chang, Chinese civilization and Confucianism offered during the drafting process an important inspiration regarding today’s cross-cultural communication in the world. Opposing or criticizing standpoints on the matter of human rights is not a good thing for the development of the international human rights undertaking. Human rights should not become a tool for human beings to disengage from, attack, act against or insult one another, but a new way to integrate with, understand and cooperate with one another.10 It’s necessary for both Western and Oriental society to actively promote cross-cultural integration, seek common ground while shelving differences, give explanations that fit their national conditions on human rights concepts and reach consensus consistent with their own cultural backgrounds in the international human rights field. In addition, by also constantly digging into their own human rights culture, they should form human rights concepts that satisfy their own development needs, actively promote this conception in the international community and help it to be commonly acknowledged after struggle and communication of ideas.

 

On March 27, 2014, Chinese President Xi Jinping pointed out in a speech at UNESCO headquarters in Paris that “civilizations have come in different colors, and such diversity has made exchanges and mutual learning among civilizations relevant and valuable. Such exchanges and mutual learning form an important drive for human progress and global peace and development.” He also said: “Exchanges and mutual learning among civilizations must not be built on the exclusive praise or belittling of one particular civilization. As early as over 2,000 years ago, the Chinese people came to recognize that ‘it is only natural for things to be different’. Greater exchanges and mutual learning among civilizations can further enrich the colors of various civilizations and the cultural life of people, and open up still greater alternatives in the future.” Therefore, in today’s world, it’s necessary to make an explanation of common human rights concepts that fit national conditions by constantly digging into and integrating the human rights thought and cultures of different countries and nationalities, and then form human rights philosophies that can be accepted by their own people. Meanwhile, it should also actively promote cross-cultural integration, seek common ground while shelving differences, reach consensus consistent with their own cultural backgrounds in the international human rights field, actively promote its human rights philosophy in the international community and promote understanding through communication and exchange. Only in this way can we achieve understanding and tolerance as much as possible without acting against the basic human rights philosophy, and help the human rights undertakings of different countries develop in mutual understanding and learning.[page]

 

(Zhu Liyu is professor at the Law School of Renmin University of China;

 

Hua Guoyu is a lecturer at the Law School of the People’s Public Security University of China)

 

* This essay was adapted by Zhu Liyu and Hua Guoyu according to the theme of this conference from some chapters of the doctoral dissertation Human Rights Activist Peng-chun Chang and the Universal Declaration of Human Rights entitled and directed by Zhu Liyu and written by Hua Guoyu. In addition, it should also be noted that some ideas and contents of this essay once appeared in an essay entitled Confucian Interpretation of the Word Conscience in the First Article of the Universal Declaration of Human Rights—From a History-respecting Perspective presented at the theoretical seminar entitled China Dream and Chinese Human Rights on May 17, 2014, in Jinan, organized by the China Society for Human Rights Studies and co-organized by the Law School of Shandong University and its Research Center for Human Rights.

 

1. Liu Huawen, “To Make Our People Live with More Dignity and Happiness - the Constantly Improving Chinese Undertaking of Human Rights and Rule of Law,” Human Rights (5) 2012, pp. 37-41.

 

2. Edited by Gudmundur Alfredsson (Sweden) and Asborn Eide (Norway), Universal Declaration of Human Rights: A Common Standard of Achievement, translated by the China Society for Human Rights Studies, 1999 Edition, Sichuan People’s Publishing House, p. 6.

 

3. John Humphrey, On the Edge of Greatness Vol. 1 1948-1949: Diaries of John Humphrey, First Director of the UN Division of Human Rights, A. J. Hobbins, ed., McGill-Queen’s University Press, 1999. p. 88.

 

4. Charles Malik, December 9, 1948,speech to the General Assembly, in The Challenge of Human Rights: Charles Malik and the Universal Declaration, Habib C. Malik, ed., Oxford: Center for Lebanese Studies, 2000, p. 177.

 

5. Sumner B. Twiss (US), The Contribution of Confucianism to the Universal Declaration of Human Rights—A Historical and Philosophical Perspective, published by International Confucianism Studies, edited by International Confucian Association, 1999 Edition, China Social Sciences Press, pp. 36-49.

 

6. Meghan Loftus, Zhang Pengjun: A Profile, Journal U.S.A, 2008, Vol. 13, No.11, pp. 31-32. 

 

7. Mireille Delmas-Marty (France), The Process of Rule by Law in Contemporary China: Progress and Obstacles, translated by Shi Jiayou, 2, 2003, Peking University Law Journal.

 

8. Mary Ann Glendon ,A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights, Random House Trade Paperbacks, 2002, preface xx.

 

9. Mary Ann Glendon, A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights, Random House Trade Paperbacks, 2002, p. 226.

 

10. After the new century began, the main strategy of developed and developing countries on human rights gradually changed from conflict to dialogue. Take Sino-European relations as an example. The European Union has changed its action of putting pressure on and criticizing Chinese human rights, which it practiced since the end of the 1980s, and the two sides began active human rights dialogues. Please refer to the following article: Zhu Liyu, Zhang Xiaojin, The Differences and Similarity of Chinese and European Human Rights Conceptions and Its Influence on Sino-European Relations, 4, 2002, Journal of the Chinese Academy of Governance, p. 87.