Liu Huawen*

 

Abstract：With the development of human rights as the mainstreaming in the international society, the public diplomacy in human rights field is more significant than before. China is facing both opportunities and challenges in regard to the human rights exchange and cooperation, and the public diplomacy of China on human rights needs strengthening. China Society for Human Rights Studies has achieved a lot in human rights studies and promotion in China and in international public diplomacy. The Center for Human Rights Studies of Chinese Academy of Social Sciences plays an important role as a think tank as well. The Beijing Juvenile Legal Aid and Research Center is another example in Chinese public diplomacy on human rights. While the western NGOs are quite active, the voice of their counterparts in the developing countries is very low. China should take efforts to promote public diplomacy on human rights, including advocating Chinese understanding of human rights and participating in drafting and exercising the international human rights law.

 

Key words: public diplomacy; human rights; China human rights; NGOs

 

Public diplomacy has been a new focal point of China’s diplomatic affairs in recent years, and it has become more functional and more important in global diplomatic transaction.¹ From public diplomatic view, this paper will discuss the significance, potential, problems and suggestions in China’s human rights fields.

 

 

The idea of public diplomacy is first presented by Americans. In 1965, Edmund Gullion first used the term “Public Diplomacy” when Edward R. Murrow Center of Public Diplomacy was founded. The term is referred to the reasons for public attitudes and public opinions and the results led by them. Public diplomacy affects the formulation and implantation of the foreign policies. And thereafter, research on the public diplomacy is increasing. In 1983, National Security Decision Directive 77 (NSDD-77) of the United States was adopted, titled Management of Public Diplomacy Relative to National Security. Although there is disagreement as to the definition of public diplomacy, the American government has reached a consensus that the public diplomacy is to understand and affect the foreign people, strengthen the communication of the American government and American people with foreign people by international communication, information transaction, news media, public opinion research or support for the NGOs, in order to avoid the inaccurate understanding of America and improve its image.²

 

In fact, besides America, lots of countries in the world have paid increasing attention to the public diplomacy in recent years. Germany regards it as the improvement and support of governmental diplomacy; France spends as much as $10 trillion on it annually; Britain deems it as the core of its domestic affairs and diplomatic policies; developing countries, such as Iran, think of it as an important point of developing diplomatic relations.³ 

 

Chinese officials began to pay attention to public diplomacy some 10 years ago.  Zhao Qizheng, the former director of the Information Office of the State Council, holds that “considering either the internal and external environment in which China is developing, or its influence on the international community, it is a self-obvious choice for China to strengthen its public diplomacy.”⁴ For the Chinese scholar Jia Guoqing, “the rapidly developing and rising China needs public diplomacy more urgently than ever before”.⁵

 

In July 2009, Hu Jintao, the then General Secretary of the Central Committee of the Communist Party of China (CPC), stated for the first time at the Eleventh Diplomatic Envoy Conference that China would develop public diplomacy. As he stressed, China would reinforce its public diplomacy and cultural diplomacy through undertaking various forms of culture exchange activities to earnestly spread Chinese excellent culture. ⁶  This signals that public diplomacy was officially put in the government’s agenda. Report of the 18th National Congress of the Communist Party of China (CPC) pointed out that “we would firmly advance public diplomacy and cultural exchange.”⁷

 

Since the 18th National Congress of the Communist Party of China was held, China has increasingly strengthened the building of its soft power while continuing to emphasize the importance of  the ‘hard’ layout to develop its diplomacy. President Xi Jinping, General Secretary of the CPC Central Committee, pointed out at the 12th Collective Learning of the Political Bureau of the Central Committee that “we are expected to attach much importance to the shaping of our country’s state image with an emphasis on the demonstration of civilization of a great country, featuring its long and profound history, the integration of diverse nationalities, and multiple cultures in harmony, a great oriental country characterized as political fairness, economical development, cultural prosperity, social stability, and magnificent rivers and mountains, a great country with a strong sense of responsibility adhering firmly to the peaceful and common development, the safeguarding of the international fairness and justice, and the making of contributions to human kind, as well as a great socialized country of more affinity, hope, and vitality.⁸

 

China has recently taken various measures and actions in the field of public diplomacy. For example, in September 2013, leaders of China and Korea held the first China-ROK Public Diplomacy Forum. In June 2014, the second China-ROK Public Diplomacy Forum was held. From May 25 to 26, 2015, the first annual Conference on Interaction and Confidence Building Measures in Asia (CICA), proposed by President Xi Jinping at the Shanghai Summit of CICA, was successfully organized in Beijing. President Xi expressed his congratulations on the upcoming conference. Chairman Yu Zhengsheng of the Standing Committee of the National People's Congress (NPC) delivered a keynote speech in the opening ceremony. The participants, especially the Non-governmental entities, conducted in-depth discussions on how to carry out the Asian security concept and what a new construction of regional security and cooperation is like, making significant contributions to the Asian peace and development. The holding of the conference was a new highlight of Chinese diplomacy, so to speak. 

 

Human rights are the common pursuit of all nations. In the international community, especially in the UN, “human rights mainstreaming” is a trend, which is manifested by the former U.N. Secretary-General Kofi Annan, who regards “security, development and human rights” as the three pillars of the reform and development of UN.”⁹ in 2006, Human Rights Council was established under UN, thus replacing the previous Human Rights Commission set up under the the Economic and Social Council, and was to be developed as a major body of UN of the same significance as the Economic and Social Council and the Security Council.¹⁰

 

Human rights have rich connotation, which can be defined and interpreted from various different subjects. For example, it can be regarded as legal rights and obligations, moral responsibility, or it may be an origin of law, thoughts, and system culture. Human rights have now been an important aspect of public diplomacy one of its major subjects because of its abstract and contagious nature and the fact that it has been widely spread and wielded influence.

 

Since the carrying out of the reform and opening up policy, the significant progress China has made in the field of human rights has attracted worldwide attention. However, many foreigners have been mislead in evaluating China’s human rights for a combination of factors, such as the lack of correct understanding of China’s current condition of human rights, and that some western countries take their mode of human rights as that of the international standard, and even politicalize human rights as diplomatic tool, making finger-wagging lectures on China. Facing this new condition of human rights struggle, it is of high necessity to make known the great efforts China has made and the significant contributions China has achieved, improving the international environment of public opinion.¹¹

 

 

NGOs, as the main participants of public diplomacy on human rights and the important supplement to the diplomacy in the field of human rights, are themselves irreplaceable. We will select three of China’s representative NGOs and one American NGO for a brief introduction, observation and analysis. 

 

 

As China’s largest academic society in the field of human rights, China Society for Human Rights Studies was established in January 1993. It is a member of the United Nations Conference of Non-governmental Organizations (CONGO), which enjoys a special consultative status with the United Nations Economic and Social Council. It is included in the World Directory of Human Rights Research and Training Institutions compiled by the United Nations Educational, Scientific, and Cultural Organization (UNESCO).

 

The China Society for Human Rights Studies aims to explore the theories, history, the status of human rights home and abroad, popularize and spread knowledge concerning human rights, undertake international exchange and cooperation, so as to contribute to the sound development of the human rights causes in China and the world as a whole. Its present president is Luo Haocai, vice-chairman of the 10th Chinese People’s Political Consultative Conferences and China’s famous administrative law professor. 

 

China Society for Human Rights Studies enjoys a significant position in China’s human rights practice. Since 2009, with the wide participation of related departments and other sectors of the society in China, the National Human Rights Action Plans have been adopted. To make the Action Plan properly, Chinese government has specially set up a system of joint conference on National Human Rights Action Plan, led by the Information Office of the State Council and the Ministry of Foreign Affairs. Its members include national ministries and commissions as well as social organizations, among which is China Society for Human Rights Studies. The National Human Rights Action Plan (2009-2010) published on April 13, 2009 points out that “China Society for Human Rights Studies shall be supported to conduct research on human rights theories and field research, organize various forms of human rights education activities and popularization activities, as exemplified by human rights training and lectures.¹²

 

Since China Society for Human Rights Studies was set up, study on human rights theories has been actively conducted. The China Human Rights Net (www.humanrights.cn) was established in 1998; the first bimonthly magazine Human Rights was published in February 2002. Yearbook of Human Rights in China was published irregularly. Seminars on human rights theories and research on China’s human rights status were frequently done. Research projects have been established on the study of human rights. Tens of related books have been published, including Overview of World Human Rights Instruments, “Enshrinement of Human Right in the Constitution” and Guarantee of Human Rights by the Legal System, on Human Rights and Sovereignty, and Annual Report on China’s Human Rights. Additionally, large numbers of foreign books on human rights, such as The Encyclopedia of Human Rights, a Course in Economic, Social, and Cultural Rights, have also been translated and published in China.

 

China Society for Human Rights Studies has been actively engaged in undertaking human rights education and popularization activities so as to raise public awareness of human rights. “China’s human rights exhibition” was organized. It co-hosted with China National Public Radio a series of radio lectures titled “Talk about Human Rights”, sponsored columns titled “100 Q&As on Human Rights knowledge” in the People’s Daily and “China’s Human Rights Panorama” in the People’s Daily Overseas Edition, and compiled and published such educational materials as 100 Q&As on Human Rights Knowledge and Overview of Key Human Rights Documents and Reading Book on Human Rights Knowledge for Cadres. It had also organized relevant seminars and trainings of officials and law-enforcement personnel. 

 

China Society for Human Rights Studies has also taken an active part in international exchange and cooperation on human rights, thus playing an important role in the public diplomacy on human rights. Beijing Forum on Human Rights is annually organized in Beijing; large multilateral international symposiums on human rights have been undertaken several times; the delegates have been sent to participate in human rights conferences and activities held by the UN and other international mechanisms; group visits have been paid to over 20 countries and regions, including America; the Society has invited and received such visitors as high-ranking officials, experts and scholars of the Office of the High Commissioner of the UN, the Working Group on Arbitrary Detention of the UN and European  Parliament. 

 

Since China accepted the first review in 2009, China accepted the second periodic review of the UN Human Rights Council in October 2013 and March 2014. During that time period, China Society for Human Rights Studies organized a briefing for NGOs. This signaled China’s NGO’s first active participation in the UN Human Rights Council activities, which was both of innovation and breakthrough.¹³ On October 22, 2013, China Society for Human Rights Studies held a meeting named as “China’s Human Rights：An Integrated Approach ” in the Palace of Nations of UN Human Rights Council. Some 50 representatives, including Officials of the Delegations to Geneva as well as some NGOs, attended the meeting. Those who delivered speeches included Chinese scholars and scholars from Switzerland and the Netherlands. The speeches, clear in the subjects, objective and professional in the analysis, were well received.  

 

Under UN human rights mechanism, both the periodic review of the UN Human Rights Council and the review by the Treaty Bodies of the core human rights allowed NGOs which enjoy the position of a counselor in the UN and other NGOs that specialize in some areas to submit a Shadow Report so as to provide information and supplement to the national reports by the government. In this respect, China Society for Human Rights Studies often submit professional shadow reports to such human rights-related institutions as the Office of the High Commissioner of the UN to introduce China’s human rights condition to the UN Human Rights Council and Treaty Bodies 

 

The writer and other members of China Society for Human Rights Studies through the society obtained the opportunity of attending related UN conferences as observers, including the review meetings by the Human Rights Treaty Bodies and the annual conferences by the Human Rights Council. Now, during the period when the annual conference was held by UN Human Rights Council, the agenda was rich in content. It often occurs that governmental conferences, conferences organized by functional organizations, member countries, and other international organizations. NGOs held briefings at the same time. It is not uncommon that tens of conferences are convened simultaneously. There are always continuous meetings by the council in the Palace of Nations all the time without lunch break. One of the writer’s feelings as a specialized research fellow is that the arena for human rights provided by UN is large, and the development space and potential of the public diplomacy on human rights deserves our attention. 

 

 

Set up in 1991, the Centre for Human Rights studies of Chinese Academy of Social Sciences is the earliest research and advocacy institution on human rights. At present, research fellow Wang Jiafu, member of the CASS academic committee, and research fellow Liu Hainian, honorary member of the CASS academic committee, are the Co-Directors.

 

The research of this centre can be traced back to late 1970s, the CASS’ early days. At that time, based on the situation that the socialist democracy and legal system were destroyed and human rights were trampled on during the Great Cultural Revolution, a group of researchers at the CASS Institute of Law, including Li Buyun, Liu Hainian, etc., took up the research on human right theories and published over 10 papers on human rights theories in succession, such as “The Tradition and Historical Experience of Revolutionary Justice Safeguarding People’s Rights”, “Safeguarding Authors’ Rights by Law”, “Civil Rights and Human Rights”, “On the Legal Status of Crimes”, “A Further Study on the Legal Status of Crimes” and “The Human Rights in the Contemporary International Political Struggle”. In the early 1991, in order to finish the research on human right theories assigned by the Central Committee and Jiang Zemin, the CASS Centre for Human Rights Studies was set up on the basis of the original Research Group for Human Rights Studies (set up in late 1980s).

 

The centre has accomplished a series of research projects and formed the abundant research strength since its establishment. The principal members of the centre are more than 30 research fellows, associate research fellows and research assistants at the Institute of Law and the Institute of International Law, and the centre also invites other experts within and outside the Academy to take part in the need of research projects. Based on the monographic study on human right theories, the centre has compiled and published many monographs and collected papers, including: New Discussion on Human Rights, The Developing Countries and Human Rights, Origin of the Concept of Human Rights, Human Rights Construction in China, The Modern Human Rights, The Theory and Practice of Modem Human Rights, The Universality and Particularity of Human Rights, The Source of Human Rights, Towards the Time of the Rights, Women and Human Rights, The Basic Theories of Human Rights, Human Rights and Constitutionalism, Human Rights and Judiciary, Human Rights and the 21st Century, Study on International Covenant on Economic, Social and Cultural Rights, Comparative Study on the Safeguard of Rights and Interests of the Disabled in Different States, and How to Eradicate the Savage Torture--Cooperative Study on the Savage Tortures in China and Denmark. The center has also compiled and published the medium-scale reference book International Human Rights Documents and International Human Rights Organizations and the large-scale reference book Encyclopedia of Chinese Human Rights. The books translated and published by the centre are Human Rights and International Relations, Towards an Age of Rights, Human Rights and Science-technology Development, Introduction to the International Human Rights Regime, U.N. Covenant on Civil and Political Rights: CCPR commentary, Economic, Social and Cultural Rights, Human Rights of Women: National and International Perspectives, and Women and International Human Rights Law, etc. 

 

The centre plays its full role of a think tank and brain trust, and has written a large number of reports and countermeasures on rule by law and promotion of rights, which are treasured and adopted by the Communist Party and state organs as well as the relevant departments, thus leaving positive effects on the legal construction and improvement of human rights in China. In recent years, scholars in the centre have taken active part in the enactment of Property Law and other new laws, the amendment of such important laws as Criminal Law and Criminal Procedure Law, etc., the composition of the two National Human Right Plans of Actions and the draft of The White Paper on Human Rights and other important government instruments.

 

The CASS Centre for Human Rights Studies is also one of the main participators in the public diplomacy in the field of human rights of China. It organizes or takes part in human rights dialogues, communication and other important activities on human rights, which are based on academy and with high level and good effects.

 

Hosted by Ministry of Foreign Affairs, the Centre for Human Rights Studies has ever held press conferences for foreign resident correspondents in Beijing. Liu Hainian, the director of the centre, has ever been invited to introduce the enactment and implementation of National Human Right Plans of Action in China to diplomats from EU countries at the invitation of the EU’s office in China.

 

The Centre for Human Rights Studies has successfully organized hundreds of International seminars on human rights, including The Forum on Women and Human Rights held during the World Women Conference in Beijing in 1994, with the attendance of the U.N. high Commissioners for Human Rights, Human Rights Council special rapporteurs on human rights, many senior officials for human rights, congresspersons, sachems and other important delegations working on human rights, and has held many seminars on human rights with the attendance of the UN high commissioners for human rights.

 

Especially, the seminar on Human Rights Guarantee in Justice in China and EU, held by the centre for over 20 times since 1997 with the direction of Ministry of Foreign Affairs, is one of the nongovernmental activities under the China-EU human rights dialogues. Experts and scholars on human rights from China and member countries of EU gather together regularly to equally discuss certain themes on rule of law and human rights, which forms a high-level communication platform. Although some European scholars are not satisfied with the series of long-term dialogues on human rights,¹⁴ I believe the dialogue can be successful as long as we carry out dialogues by presenting facts and reasoning things out on the basis of equality and respect. There exist both success and frustration in the dialogues.

 

With China’s strengthening the construction of the think-tank, the Centre for Human Rights Studies of Chinese Academy of Social Sciences can serve as a think-tank in the public diplomacy in the field of human rights and play a specific role. In according to The 2014 Chinese Think Tank Influence Report which was issued by the Shanghai Academy of Social Sciences on January 12, 2015 and firstly ranked the influence of national think-tanks, Chinese Academy of Social Sciences ranked first^15. This is consistent with the orientation and goal of Chinese Academy of Social Sciences as the national think-tank and brain trust. In the early 2015,  the Chinese government’s Opinions on Strengthening Efforts to Build Think Tanks with Chinese Characteristics issued by the General Office of the CPC Central Committee and the General Office of the State Council gives direction and power to the construction of think-tanks in China. The construction of think-tanks is not only significant to national development, but also has great influence on the development of international communication. The CASS Centre for Human Rights Studies is improving itself in the study on human rights and public diplomacy.

 

 

Beijing Juvenile Legal Aid and Research Centre was set up in 1999, the first public interest legal organization aiming at juvenile legal aid and research. In May, 2003, the centre got the registration as a private non-profit organization; and it was officially open to the public on June 27th, 2003. It is the first non-governmental institution authorized by China judicial and administrative system, specially offering legal aid to youth.¹⁶ The centre aims at the protection of the rights and interests of minors, promoting the participation of lawyers in the protection of minors, the construction of national collaborative network for minor protection and the improvement of legal research and legal policy on minors. The centre offers free legal advice to minors and their presents, families and teachers by two hot-lines for legal consultancy, and provides legal aid to minors unaffordable for lawyers when their rights are violated.

 

In 2011, Beijing Juvenile Legal Aid and Research Centre, set up by Tong Lihua and Beijing Zhicheng Legal Aid and Research Centre for Migrant Workers, got the position of counseling in the United Nations Economic and Social Commission.
 

Beijing Juvenile Legal Aid and Research Centre not only offers public-interest legal aid and has been recognized by all social circles, but also successfully carries out lots of international communication and cooperation on human rights. The centre actively goes out to broaden the horizon for minor protection. The centre has established cooperative relationship with a large number of international organizations and has been invited to various influential international conferences. Commissioned by the State Council Work Committee Office for Women and Children and United Nations Children’s Fund, the centre has well done the research report on the legislation framework for children in China. Over the years, the centre has attended the UN review conference for Chinese government’s performance report on Convention of Children Rights, the 50th session of the UN Commission for Social Development, the Worldwide Parliamentarians Forum on Juvenile Legislation, Asia-Europe Economic Human Rights Forum, China-European Judicial Seminar, China-Norway Roundtable Conference on Human Rights and Judiciary and Annual Political Consultation Conference, etc. Arbour, the UN High Commissioner for Human Rights, Nowak, the rapporteur on savage torture in the UN Commission on Human Rights, Yoo Soon-taek, wife of Secretary General of the United Nations Ban Ki-moon, Helen Clark, the Director-general of United Nations Development Programme and the American Peace Council Delegation successively paid a study visit to the centre.¹⁷ 

 

On August 31st, 2005, Ms Abord, the UN High Commissioner for Human Rights, had a conference on human rights with such non-governmental organizations as China Society for Human Rights Studies, the CASS Centre for Human Rights Studies and Beijing Juvenile Legal Aid and Research Centre, etc. Chen Shiqiu, the vice director of China Society for Human Rights Studies hosted the conference and introduced to Ms Abord the effects of China Society for Human Rights Studies on the development of human rights in China and the communication and cooperation in international human rights, reflecting that the China Society for Human Rights Studies has given receptions to the UN High Commissioner for Human Rights and its delegations for many times, and hoped to strengthen the bond and cooperation with the high commissioners. Liu Hainian, the director of the CASS Centre for Human Rights Studies, introduced the effects of Chinese non-governmental organizations on the development of human rights, emphasizing that the development and effects of Chinese non-governmental organizations is a tradition, especially the effects on the development of China’s economy and politics after the reform and opening up. Tong Lihua, the director of Beijing Youth Legal Aid and Research Centre introduced the work of Chinese lawyers and legal aid organizations in details. Abord answered the questions asked by the representatives of the non-governmental organizations. Abord said that it was her first visit to China as the UN High Commissioner for Human Rights and she was very delightful for the communication with Chinese non-governmental organizations on human rights, from which she got plenty of information.¹⁸

 

In April 22nd, 2015, Tong Lihua attended on invitation the expert conference of the 22th China-UK Human Rights Dialogue, where he communicated with the UK Supreme Court Justices present at the conference, together with other human right experts in China. At the conference, he gave a detailed introduction to China’s justice reform, the public interest litigation in China, the legal aid for the youth and so on. As a lawyer and worker for the protection of disadvantaged groups’ rights, he introduced so professionally that the experts from England well understood the development of human rights and rule of law in China.

 

As a non-governmental professional organization, Beijing Youth Legal Aid and Research Centre has paid much attention to international communication from the beginning and has an active effect on the public diplomacy in the field of human rights and sets an example of China non-governmental organizations in the “going out”, although it doesn’t work specially or directly for human rights discourses.

 

 

The predecessor of “Human Rights Watch” in America, called “Helsinki Watch”, was set up in 1978 with the function of monitoring the execution of Helsinki Accords in the Soviet Union. Then, the organization expanded to cover other areas in the world in the name of “Watch Committees”. In 1998, all the committees were incorporated into “Human Rights Watch”. In 1998, as one of the six international non-governmental organizations, it participated in the establishment of Child Soldiers International (formerly known as the Coalition to Stop the use of Child Soldiers). It is also the co-chairman of the International Campaign to Ban Landmines, the international alliance group who facilitated the adoption of the Ottawa Convention, banning antipersonnel mines in explicit terms. With the activities in the fields of banning child soldiers and antipersonnel mines, “Human Rights Watch” gains some political capital in the international community.

 

In the background of human rights diplomacy carried out by America, “Human Rights Watch” creates its own discourse power arbitrarily in virtue of western countries’ discourse hegemony in the field of human rights to watch and evaluate the human rights in other countries, and it issues reports to criticize other countries. Since its establishment, the “Human Rights Watch” has various scandals, involving the resources of capital, employment of personnel irrelevant and its ex parte politicized work style.¹⁹

 

It is in 2014 that “Human Rights Watch” was fiercely queried and criticized. In May 12th, Adolfo Pérez Esquivel and Mairead Corrigan Maguire, two former Nobel Peace Prize Laureates, wrote a letter of protest titled Close Your Revolving Door to U.S. Government to “Human Rights Watch”. The letter of protest criticized that the relation between “Human Rights Watch” and American government was close and complicated, and especially, the standard and judgment for human rights in other state members of “Human Rights Watch” was consistent with the diplomatic policy and diplomatic benefits of the U.S. government, and the “Human Rights Watch” serves for the U.S. government. The letter of protest was signed by 131 experts and scholars. It pointed out that Tom Malinowski, the former publicity director of “Human Rights Watch” for Washington was the special assistant of Clinton, the former US President, and now Tom Malinowski is assistant Secretary of State of the U.S.. Susan Manilow, vice-chairman of the board, said in her autobiography that she was Clinton’s good friend and she was highly involved in the affairs of Democratic Party. And the former US ambassador to Colombia was the member of advisory committee of the Americas. Miguel Diaz, another member of advisory committee of the Americas in office from 2003-2011, was the analyst of the Central Intelligence Agency, and now he plays the role of a communicator between intelligence community and non-governmental experts in the Department of State.²⁰

 

A typical example is as followed: in February, 2013, “Human Rights Watch” condemned Syrian government for the illegal use of missile; but in August, 2013, “Human Rights Watch” kept silent about America’s using missile to attack Syria.

 

Thus, with its political background and political tendency, “Human Rights Watch” is undisguisedly close with America, and it criticizes and defames many developing countries. It is noted that “Human Rights Watch” appears as a non-governmental professional organization and gets rapport with western media, so it is active in the field of human rights and easily deceives the commons with non-negligible effect. It is the challenge to the developing countries to build images, give opinions, conduct constructive dialogues, exchange and cooperate with others in the field of international human rights.  

 

 

The condition of non-governmental organization’s diplomacy in the human rights field corresponds to the current situation of international relationship as a whole. The end of the War World II and the foundation of the United Nation start the internationalization process of human rights protection. The international relationship has rapid changed in the 70 years. The opposition between Eastern and Western countries still exists now. Western countries like America are still in a strong position in political, economic, cultural and other aspects, and they are always influencing other countries, especially developing countries. When the economy has globalized, the western political system and concept have also been preached at the same time. In the background, especially in the situation where the Western world is leading the global voice, it’s not strange that in the human rights field the West is stronger than the East, and the North is stronger than the South.

 

As mentioned above, western non-governmental organizations like American “Human Rights Watch”, have worked closely with western governments to penetrate into other countries with the advocacy and political utilization, which are related to human rights, and also to judge and influence other countries’ politic, economic, social, legal and other aspects. All of these are things that non-western countries are unwilling and not so possible to do. International multilateral occasion is the important stage for western non-governmental organization’s human rights diplomacy.

 

Although UN has made many changes since the new century, including it has replaced the Commission on Human Rights, which was criticized due to the political confrontation and strong ideology, with the Human Rights Council, which is emphasize the non-political, non-selective, non-antagonistic work of human rights, although human rights are still a tool for politic and diplomacy, which is not only between governments, but also in the public domain.

 

The UN is the window to observe non-governmental organizations’ diplomacy in the human rights field. Overall, non-governmental organizations are becoming more and more important in the UN human rights system. The Economic and Social Council has given consultative status to non-governmental organizations who met certain conditions.²¹ These non-governmental organizations can under the rules of Human Rights Council, Human Rights Treaty Bodies and UN High Commissioner for Human Rights, have an opportunity to observe and make a statement in the conferences, submit shadow reports or other related information and even appeal cases. 

 

As international scholars said, theoretically speaking, non-governmental organizations, especially international non-governmental organizations might play an important role in promoting the transparency and democracy of international organizations and international law practices.²² In practice, due to the science development and the even more convenience communication and transportation, especially the wide application of internet, under the globalization and informatization social background and the political and legislation background of mainstreaming of human rights, non-governmental organizations have been more and more important, and have largely increased the exposal of human rights problems. They have actively promoted and popularized the UN Human Rights Treaty and also its implementation. At the same time they have joined directly the UN human rights activities. All of these are their active and constructive aspects., The mainstreaming tendency of human rights in the UN and the wide application of internet as well as the rise of international non-governmental organizations all over the world have formed an even more powerful situation for the UN human rights work, which serves as a great improvement for the international human rights movement. It has made up to a great degree the embarrassment of high profile and low enforcement of the international human rights law.

 

But what makes people worried about is that the active non-governmental organizations are always from western developed countries, or supported by them while non-governmental organizations from developing countries are always absent. A scholar and also a former special reporter of the UN Committee against Torture, Mr. Nowak has listed in his book, a textbook of The International Human Rights Law, 22 “famous international human rights non-governmental organization”, only 3 of whom come from developing countries.²³ At the same time, some of their mobilization of shame and confrontation is against the non-political, non-selective, non-antagonistic principle of Human Rights Council.²⁴ In another word, we should hold an active and constructive attitude towards the rise and attendance of non-governmental organizations while conscious of the complication of its influence.²⁵

 

In March, 2015, as a member of China Society for Human Rights Studies, the author attended the 28th session of UN Human Rights Council, a meeting for representatives of non-governmental organizations and the president of UN Human Rights Council as well as the branch meeting held by foreign non-governmental organization. That made the author realized again that the performance of non-governmental organization plays a positive role and also sometimes a shocking or annoying role in this council. For example, many members brought their domestic problems to the UN Human Rights Council ignorant of the differences between the domestic law and international law or the jurisdiction of the UN Human Rights Council. It is absolutely inappropriate for them to reflect problems just like a domestic citizen or organization with their own authority. Apparently, the representatives of western non-governmental organizations have their superiority in languages and public relations skills. They are very aggressive, and often criticize those member countries of the UN, asking the Human Rights Council to esquire and handle some so-called hearsay facts. Although, the president of Human Rights Council and the organizer of the meetings also would inform that the jurisdiction and the working method of this council are limited, and thus must handle issues in accordance with the law and regulation. It is very likely for these meetings to become some certain kinds of political show.  

 

What we cannot imagine is that some anti-China organizations who advocate the separation of Tibet and Xinjiang repeatedly use the UN Human Rights mechanism to preach their illegal political claims on different occasions in the UN. For example, a moderator of one branch meeting should have allowed the speaker to call Xinjiang Uygur Autonomous Region of China as the “East Turkestan” and called the Inner Mongolia Autonomous Region as the “South Mongolia ”. This vicious intention to separate China violated the UN Chapter and the international law and abuses human rights discourse, which is as clear as the daylight.

 

In general, international communication and cooperation of human rights are bound to become more intensive and extensive with the domestic and international non- government organizations playing an extremely important role with great potential. As human rights issues are occupying a more and more important position in the international organizations including UN, more attention are paid, to the function of non-governmental organizations and they themselves also increasingly focus on human rights discourse, the human rights criterion of UN and human rights mechanism. The developing countries including China have always advocated that we should objectively and constructively carry out international communication and cooperation of human rights on the basic of equality and mutual respect. During the recent years, China also encouraged its own domestic social organizations to voice on the international stages including the UN. However, it is just a beginning and we still have a long way to go with both opportunities and challenges.

 

Human rights discourse has experienced the stage of being regarded as western capitalism discourse in China. Since Chinese government issued the White Paper of Human Rights in 1991, the human rights discourse has gradually become normalization, legalization and even mainstream. During the process of carrying out constitutional principle of “the nation respect and protect human rights, Chinese government and social organizations are playing and will go on playing the important role. Chinese non-governmental organizations have a late start, even though we have more and more organizations in number, we still have many limitation in the fields including recognition of foreign exchange and working capability. For example, the institutions with high speciality and close contact with Chinese government including China Society for Human Rights Studies, the CASS Centre for Human Rights Studies enjoy a larger advantage in professional qualification and government’s support, which go ahead in public diplomacy of human rights. Although compared with those western non-governmental organizations or think banks with rich experiences and great influence, we still have a long way to go. There is large room for us to improve and develop on the existing basis, which also provides samples and examples for more Chinese studies institutions and social organizations participating in public diplomacy of human rights.

 

With Chinese economic development and society progress, China’s national power is increasingly gone up, and the international opinion and the public begin to pay more attention to China, which has laid a new fundament for China to further participate in public diplomacy of human rights. In May, 2005, under the organization of China Society of Human Rights Studies, the author attended the training meeting in Geneva with representatives from other domestic non-governmental organizations and watched the performance review conference held by the treaty bodies of the Convention on the Rights of the Child (CRC), the Committee on the Rights of the Child. After the whole day’s visit, many visitors from different countries said that they had no idea that the UN handles its work in this way, and now they also can participate in and make some contributions. If they are asked those questions proposed by the members of the committee, they have the confidence to provide a better answer than those government officials and expertise. That is to say, through the visit, Chinese representatives not only acquire knowledge, but also become more confidant to a great extend.

 

 

In order to do well in public diplomacy works of human rights, first we need to deeply understand the view on socialist human rights with Chinese characters. We should take this view on human rights as basis and stick to confidence in theory, method and institution, give full play to our initiative and creativity, carrying out public diplomacy activities with rich content and diverse forms.

 

 

This is the first target of our public diplomacy work of human rights. We should, under the guidance of Socialist Core Value System, develop our excellent tradition culture and create Chinese own human rights discourse, positively and effectively spread the view on socialist human rights with Chinese characters taking our national circumstance into consideration.

 

Based on the history and facts of China, the socialist human rights with Chinese characters include China’s basic knowledge of human rights development, as follows. Human rights are not only about personal rights, but also about collective rights. Human rights include both the civil rights, political rights and economic, social and culture rights. Human rights belong to the product of history and his full realization is a gradually developing process connected with every country’s economic and cultural level. As a developing country with the largest population, China should place the people’s right to existence and development at the top of our agenda. The essential promotion on human rights is to guarantee the rights for all the members in the society to equally participate and equally develop. We should evaluate one country’s human rights condition in a comprehensive, objective and just way, and constructively put forward the international communication and cooperation of human rights. As for the protection of human rights, there is always no best but better.²⁷

 

Chinese government regard the principle of respecting and protecting human rights as the basic concept for it to govern the country and inject the constitutional principle of “the nation respects and protects human rights” and the government planning of National Human Rights Action Plans of China into the various dimensions of the work related to reform, development and stability, promoting Chinese human rights career with great progress. China’s experience can be concluded to one point, that is, we should under the leadership of Chinese Communist Party, swervingly stick to the path of building socialism with Chinese characteristics and insist on the scientific development attitude of putting the people first.

 

After more than 3 decades since the beginning of China’s reform and opening-up policy, China has become the second largest economy in the world. However, there are still problems about imbalance and disharmony between economic development and social development, even problems about sustainable development. Under this background, the CPC and Chinese government constantly extend and deepen the development view about China, which demonstrates the political wisdom of advancing with the times. The 16th session of China’s Communist Party proposed the trinity socialist construction of economy, politic and culture. Then the 17th session of China’s Communist Party developed the quaternity of the overall arrangement of economy, politic, culture and society. At last, the 18th session of China’s Communist Party formally proposed the “five-in-one” development pattern, which may take all the constructions of economic, politic, cultural, social and ecological civilization into account. And it also formed the scientific development attitude of putting the people first, which is emphasized by our government. That means we should overcome the one-sided material growth, the ignorance of spiritual progress and the social fairness and justice, the development view regardless the environment and resources protection, especially the wrong concept of “seeing things but not people” and ignorance of human factors.

 

China’s human rights cause should be connected with the construction of economic, political, cultural, social and ecological civilization, and comply with the expectation that people of all nations live a better life. We also should always put the protection of people’s rights to existence and development at the top of our agenda, spare no efforts to protect and improve people’s livelihood, strive to solve the problems about rights and interests that people pay most attention, and the problems being the most direct and the most realistic. We should effectively protect the citizens’ rights of economy, politic, society and culture, advance the society to become more just and harmonious, so that every social member can live a happier life with more dignity.

 

What should be pointed out is that during the process of building and spreading of the view on socialist human rights with Chinese characters, we must focus on inheriting and developing Chinese excellent traditional culture. We should draw the elements of human rights thought from Chinese excellent traditional history and culture, being fundamental of building the theory of human rights studies and the discourse system with Chinese characteristics and also the key of discourse connection for international human rights. Chinese culture and history enjoys a long history and Chinese excellent traditional culture is the most precious spirit fortune. Mr. Tang Yijie pointed that human beings’ existence and development is facing many challenges, which requires us to coordinate the relationship between persons. To expend this is to coordinate the relationship between nation, country to country and region to region. However, if Chinese traditional culture hopes to play a positive role in solving the major issues facing the whole world, it must have its cultural consciousness.28 We also need this cultural consciousness to help the construction of theory of human rights with Chinese characteristics and the Chinese human rights discourse participate in and make contribution to the global human rights discourse.

 

Chinese scholar Zhang Pengchun actively participated in drafting the UN Universal Declaration of Human Rights and made great contribution with his own rich knowledge of the Confucian culture, leaving the Declaration with the implication of Chinese culture.²⁹ The traditional Chinese culture contains many great thoughts. For example, people are the foundation of the country. People’s rights must be ensured and caring for children, elders and women. Since the era of Spring and Autumn and the Warring State period, the thought that all under heaven are equal has come out. Then it continually evolved and developed, and finally contains the connation of equal, fair and justice. The traditional Chinese culture emphasizes on the righteous thinking on justice and profit, that is, Chinese pay great attention to morality and justice. That is the important social foundation and human resource for promoting the awareness of human rights in contemporary society. We should explore, sort out and promote those great thoughts. It is also essential for us to inject spiritual and intelligent power into human rights.

 

 

The international human rights law is an entire and yet developing system. Since the founding of the UN and with its advocacy, a series of important treaties on international human rights have been adopted, which are called International Bill of Human Rights. The legislative work on international human rights has never ceased. With the development of international human rights movement, many new issues came out, arousing the discussion on drafting new international covenants on human rights. A recent action is that the UN sets a special work group to discuss and draft Convention on the Rights of the Elder. During this process, many domestic and foreign NGOs actively participated in it, putting forward their plans and suggestions.³⁰ 

 

Besides the UN General Assembly and the Economic and Social Council, every core human rights convention has its own treaty bodies, which consist of expertss who discuss special issues and publish their general opinions and suggestions based on discussions and practices at random. Strictly speaking, these opinions and suggestions are not legally binding, but they are immediately related to the application of the conventions.

 

So no matter which kind of legislation, formal or informal (solutions made by the UN General Assembly or other UN institutions), to actively participate in drafting international rules on human rights is a great channel to state one’s interests and views, and also a necessary method to fight for the voice right.

 

It is not only to the work of the governments, but also an important task for scholars, experts and NGOs. The international legislative activities increasingly become a multi-dimensional and diversified process, which requires common and coordinated endeavor of all departments and social members.

 

The drafting and criteria of the rules are important, so are their management and operation. Essentially, the enforcement of human rights law is a domestic issue while it is also an international one in the diplomatic field. Now the UN serves as the most important multilateral and intergovernmental international organization, whose state members play an important role in it. However, in recent years, with the yearning for transparency and democracy and growing attention from media, the need for UN to strengthen interaction with media and the public is also increasing. Therefore, it cannot only face with representatives from all countries, nor avoid to meet media and the public. Rather，it will strengthen relationship with them so as to work on tasks that are difficult to do with the governments.

 

In addition to media, more social communities such as NGOs start to participate in the work of the U.N. They come to understand and publicize, also try to influence its work, including drafting, managing and conducting. Now, the chairman of United Nations Human Rights Council and the High Commissioner for Human Rights arrange meetings with represents form NGOs, listen to their opinions and suggestions and answer questions. When UN human rights institutions examine the performance of its contracting countries, the related treaties bodies’ commissioners also interact with NGOs’ representatives and listen to their views. No matter in the former form or the later one, NGOs can submit their “shadow reports” and supplement their opinions in written documents so as to express their views.

 

Some international documents on human rights such as Convention on the Rights of the Child even contain the clause which allows NGOs to participate in human rights activities. If the member country ratifies the convention, then the NGOs can represent the victims whose human rights are violated and appeal to the UN Human Rights Treaty Bodies 

 

Now whether drafting or managing the rules, they are both associated with the voice right. It has something to do with the understanding and use of the working language of the UN and the international law; in fact, it is closely linked with the voice right of a country or organization in the international human rights field.

 

Many NGOs from western countries set topics, come up with their opinions and even influence the process and result by holding unilateral talks and participating in formal meetings attended by governmental representatives. Therefore, thinking on human rights of western countries will be promoted in a subtle way while developing countries’ views may be ignored. Thus, it is very serious for developing countries including China that they cannot express views or exert due influences in the international arena, especially in the UN.

 

In recent years, China’s human rights institutions and organizations make some attempts to intentionally strengthen public diplomacy, such as organizing training and observation; working with related UN institutions and submitting “shadow reports”; holding unilateral talks and giving speeches at formal meetings that governmental representatives attended; and retorting wrong views which are intended to spilt China and tarnish its reputation. Those activities have brought good results and they signify a meaningful start for China in this field.

 

 

Nowadays, we need strengthen public diplomacy on human rights, especially organization and coordination.

 

In terms of promoting human rights, China formulates and conducts national campaign on human rights, which is led by Information Office of the State Council, the foreign ministry, national legislation and jurisdiction bodies, the related departments of the state council, social communities and NGOs, forming a joint conference mechanism on this issue. Personally, I believe this mechanism should emphasizes on discussion on related issues, and encourage, guide and promote Chinese human rights institutions and organization to go abroad so as to conduct multi-dimensional and diversified public diplomacy. Now the need for foreign exchanges, building of state form and soft power continues to grow, therefore public diplomacy on human rights has a bright future. However, the work faces many difficulties, such as short history, weak ability, inadequate experience and serious conditions manipulated by the West, so it must be planned and developed by and through the government.   

 

Specifically, as a member of the joint meeting mechanism of national human rights campaign plan, China Society for Human Rights Studies plays an important role in education and research of Chinese human rights, publicity and international communication and cooperation. It has made great achievements and gained rich experiences, and built channels in public diplomacy, leading in public diplomacy on human rights in China. Meanwhile, China Society for Human Rights Studies has coordinated and guided with Chinese high education institutions in education and research of human rights, providing ability training, intelligent support and coordination to related organizations and institutions in this field. 

 

As an old Chinese saying goes, “one swallow does not make spring”. The forms of public diplomacy on human rights should be enriched, so do its participants. We should encourage more enabling more national and regional organizations and institutions to understand, participate in and push forward this course.

 

As mentioned above, Chinese Academy of Social Sciences, an important national think tank in China, has increasingly great influence in the world. The CASS Centre for Human Rights studies has achieved good results in the study of rule of law and human rights. It also contributes greatly to academic exchanges and publicity to the outside world, improving mutual understanding with foreign officials, elites and organizations. The exchanges among scholars are of great importance because it can influence readers and students in different forms. And the exchanges between scholars and officials, international organization or the public are highly professional, deepening the level of communication and bringing scholars’ talents into full play. 

 

The successful example of Beijing Juvenile Legal Aid and Research Center illustrates that grass-roots social originations can conduct their work effectively and demonstrates the development and achievements of China’s law governance and human rights cause. The key to success is that lawyers and volunteers of this center keep widening their horizons, do their work from the perspective of national rule of law and human rights, and take part in dialogues, communications and cooperation with China Society for Human Rights Studies, CASS Centre for Human Rights studies and other institutions and organizations. It also conducts public diplomacy in a creative way and has reaped good results. This is a good example that an organization’s work is not immediately with human rights and achieves success on public diplomacy.

 

It should be pointed out that China NGO Network for International Exchanges is an important organization for promoting public diplomacy in China. It was founded in October, 2015 and is a national non-profit social organization with an independent legal entity. It consists of figures and organizations specialized in peace and disarmament; social development; science and education; culture and art; medical care and public health; ecological protection; democracy and human rights; nationality and religion; politics and law; enterprises and industries; philanthropy and charity; support for the impoverished and disabled and youth and women. Now it consists of 63 council members, 25 of whom have the qualification to provide counseling service approved by ECOSOC. As a network of NGOs committing to international cooperation and exchanges, China NGO Network for International Exchanges is committed to communicating intensively with international and domestic NGOs and figures, pushing forward cooperation between Chinese NGOs and their foreign counterparts and deepening friendship with other countries.³¹ Recently, it has conducted several activities, including holding unilateral talks during regular meetings of the UN Human Rights Council, participating meetings whose main topic involves China’s human rights etc. It will continue to actively promote communications among NGOs in terms of public diplomacy on human rights with its rich experience and diversified channels in the years ahead.

 

Generally, China’s public diplomacy on human rights is underway and we have made some achievements and gained some experience. But compared with the requirement for public diplomacy, there is much more potential to be tapped. We must pay attention to and push forward it in an organized and effective manner.

 

In the new era, standing at the intersection of the domestic situation and the foreign one, we should actively advocate the thinking on human rights with Chinese characteristics on the basis of our targets, national reality and our observation and judgment on the international condition. Also, we should draft, manage and conduct the work of international rules on human rights, make our voice more powerful in the field of internal human rights, and conduct the diplomacy work regarding human rights in a creative way.

 

· Liu Huawen, Assistant Director and researcher of Institute of International Law, Chinese Academy of Social Sciences, Vice Director and General Secretary of the Center for Human Rights Studies, CASS.

 

·1. See Yang Jiechi, to Advance the Public Diplomacy with Chinese Characteristics, Qishi Journal, Vol. 4, 2001.

 

· 2. Jin Min, Evolution History of American Diplomatic Organs, Heilongjiang Shizhi, May, 2015.

 

· 3. See Qu Xing, the Classic Definition of Public Diplomacy and Chinese Characteristics, Study on International Problems, Vol. 6: 2010, p. 4.

 

· 4. Zhao Qizheng, the Necessity of China’s Strengthening its Public Diplomacy, Journal of Shenyang Normal University (Social Science), Vol. 6, 2009.

 

· 5. See Jia Qingguo, the Rising China and Public Diplomacy, Public Diplomacy Quarterly, Spring Vol. 2012.

 

· 6. See Wu Qimin, The Eleventh Diplomatic Envoy Conference was held in Beijing, and Hu Jintao delivered important speeches. People's Daily, July 21, 2009, p. 1.

 

· 8. Xi Jinping, the Improvement of National Soft Power, Xi Jinping’s Comments on Governing the State and Dealing with Politics, Foreign Languages Press, 2014, p. 162.

 

· 9. See UN Doc. A/59/2005, paragraph 144.

 

· 10. See “A More Secure World: Our Shared Responsibility, Report of the High-level Panel on Threats, Challenges and Change,” UN Doc. A/59/565, paragraph 291.

 

· 11. Zhang Xiaoling, the Public Diplomacy Mission of Human Rights Research Institutions, Human Rights Quarterly, Summer Vol. 2011.

 

· 12. Zhang Xiaoling, the Public Diplomacy Mission of Human Rights Research Institutions, Human Rights Quarterly, 2011.

 

· 13. Liu Huawen, Gains Made on Human Rights, in China Daily, November 6, 2013, p.8.

 

·14. Katrin Kinzelbach and Hatla Thelle, “Taking Human Rights to China: An Assessment of the EU’s Approach”, The China Quarterly, 205, March 2011, pp. 60-79.

 

· 16. See Pei Chuang, the establishment of Beijing Youth Legal Aid Center, People’s Daily Overseas Edition, 2013, 6, 28.

 

· 17. See Introduction of Beijing Juvenile Legal Aid Research Center.

 

·18. See panel discussion between the UN human rights professor Ms. Abord and the Chinese NGOs, Human Rights, Vol. 5, 2005.

 

·19. See Pang Xizhe, Human Rights Watch, the Mistrusted Observer, People’s Daily Overseas Edition, Feb. 4, 2015.

 

·21. Resolutions of ECOSOC, No. 1996/31, paragraphs 78 and 79.

 

· 22. See Annie Peters: The Transparency Turn of International Law, translated by Dai Ruijun in Chinese Review of International Law, in the first issue of 2015, about the transparency problem and their advantages as well as disadvantages of the International Law and international management.

 

· 23. Manfred Nowak, Introduction to the International Human Rights Regime, Hague: Martinus Nijhoff Publishers, 2003, p. 261.

 

·24. Western non-governmental organization’s mobilization of shame has lasted a long time, see the previous footnote, p.258.

 

· 25. See Andrea Bianchi, “Globalization of Human Rights: The Role of Non- State Actors,” in Gunther Teubner, ed., Studies in Modern Law and Policy, London: Dartmouth Publishing Company Limited, 1996, pp.199- 204.

 

·26. The same as the footnote 23, p. 262.

 

·27. See Liu Wenhua: Rule by Law, Development and Human Rights: Three Dimensions of Chinese Road, published in Guangming Daily, 31st December, 2014.

 

· 28. See Tang Yijie, Peace and Development Contributed by the Chinese Traditional Culture, Peking University Press, 2003, pp 43-60. Someone may think that either the Chinese traditional culture or modern culture has little effect on foreign countries, which reflects the importance and potential of the Chinese culture construction and public diplomacy development. See Robert Daly, “A Rise without Shine: The Global Weakness of Chinese Culture”, in Douglas G. Spelman ed., The United States and China: Mutual Public Perceptions, Woodrow Wilson International Center for Scholars, Washington, D.C., 2011, pp.78-79.

 

· 29. Sun Pinghua., Zhang Pengchun—A World-Renowned Human Rights Activist, Human Rights, Vol. 6, 2012.

 

·30. Liu Huawen, A Preliminary Study on Drafting Convention on the Rights of the Elder by U.N. Chinese Yearbook of International Law, 2012 p.p. 355-382.