Revisiting The Universal Declaration of Human Rights _ UDHR: from the fallacies to a new generation of rights [1]

Athens Journal of Philosophy 2024, 3: 1-22

https://doi.org/10.30958/ajphil.X-Y-Z

António dos Santos Queirós

Abstract

The resolution of the UN was adopted on 10 December in 1948(A/RES/217). The research’ route of the article analyses the historical conditions where the UDHR was drafted. And intends to analyse and to debate if the political speech that crossed the cold war and emerged again, in the context of geostrategy conflicts, respects the substance of the original document. This research pathway determines and debate five fundamental questions:

The connection between the articles of UDHR agreement and labour rights, economic democracy, and, on the other hand, political liberty, the right of nations to decide from themselves and the imperative of universal peace.

If the articles of UDHR are compatible or not with the political nature and evolution of liberal democracies and socialist regimes. If propaganda of the Cold War and the geopolitical confrontation, they subvert and distort the principles of the original UN Human Rights or defend those principles. If people around the world really know and are conscientious of UDHR principles and articles, or those propaganda created a phenomenon of global alienation.

At last, what means a new generation of human rights.

That methodology will be supported by the case study of the United States of America and People Republic of China.

Key Words: Origen and Historical Context of UDRH; J. P. Humphrey, P.C. Chang, Eleanor Roosevelt; UDHR, Preamble and 30 articles; China and UDHR; Clean, Healthy, Sustainable Environment as Human Right

Introduction. Genesis, amputation, and manipulation  of UDRH…and ampliation

From a recent article, researching the historical condition of the genesis of The Universal Declaration of Human Rights_ UDHR,   two propositions not falsifiable could  be established: People´s around the world don’t now the substance and the original text, and the historical conditions where was drafted.[2] Remember:

The Universal Declaration of Human Rights_ UDHR was adopted by the UN on 10 December 1948 (A/RES/217). Drafted by J. P. Humphrey of Canada and  Dr. P.C. Chang, representative of China and mediator of Asian countries, the main negotiator of the consensus established in its 30 articles. Eleanor Roosevelt enthusiastically supported her..

Labor rights, economic democracy, the right of nations to dispose of themselves. Self-determination and independence. Refusal of hegemonism and  a new era, of peaceful and justice …they have been elevated to the condition of fundamental human rights and, are incompatible with the political nature and evolution of liberal democracies.

The propaganda of Cold War need to subvert and distort the principles of the original UDHR. In the U.S. (and the West), human rights are seen and reduced as formal civil and political rights.  But it ends there. ( Roth, 2021).[3]

“Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law

Whereas it is essential to promote the development of friendly relations between nations…

…/…

The General Assembly,

 Proclaims this Universal Declaration of Human Rights as a common standard…to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

However, USA, United Kingdom, France, don’t respected the initial articles of UDHR_ see the articles 1 and 2, because was colonialist countries and social and racial discrimination was institutionalized and practiced in the metropolis and in the colonies (the fascist regimes of  Deutschland, Italy, or Japan, obvious could not be the promotors of UDHR).

“Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

The collage of Cold War propaganda linking political Human Rights with the model of liberal democracy, it is a fallacy. What Article 21 of UDHR prescribes is the way to citizenship and the diversity of democratic regimes.

“Article 21

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”

Article 21 of UDHR open  the gate of new democracies and History can walk again to realize all the dreams and Human Utopias. That is the Chinese Dream and the Beautiful China. And the Socialism with Chinese Characteristics.

       “Article 28

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

       Article 29

Everyone has duties to the community in which alone the free and full development of his personality is possible.

In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.”

The principles of Universal Declaration of Human Rights _UDHR, freedom, justice and peace in the world,  the development of friendly relations between nations, was quickly abandoned, but the memory of the tragedy of II War and the desire of democracy and peace was very strong around the word,  so propaganda would be indispensable to justify new military  confrontations.

“Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23

Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.

Everyone, without any discrimination, has the right to equal pay for equal work.

Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

Everyone has the right to form and to join trade unions for the protection of his interests.”

Fukuyama fundamental thesis, in the book The End of History and the Last Man, is not about the end of ideologies, but a celebration of the triumph of liberal democracy doctrines (and the US-UK model of democracy) over socialist ideology and socialists’ regimens from the East of Europe, in the context of the fall of USSR and European Popular Republics, celebrated by Milton Freedman as the triumph of political and economic neoliberalism.

The master idea of Fukuyama was the same of Churchill, the conservative first minister of UK that win the war against Nazism but not understand the changes of the post-war world and inside your own country: The national movements pushing to decolonization, against racism and social discriminations, and fighting for a new international order, peaceful and democratic. It was defeat in the first elections after the end of war in Europe.

Churchill proclaims in the House of Commons (11 November 1947):”…liberal democracy is the worst form of Government except for all those other forms that have been tried from time to time. (Churchill by Himself, 574)  At the same time, he declared:

“From Stettin in the Baltic to Trieste in the Adriatic, an Iron Curtain has descended across the continent…that  he call the Soviet sphere.” (Churchill, 1946)

Another hand, Churchill’s doctor Lord Moran reveals, in her book,  Churchill: The Struggle for Survival 1945-60,  that Churchill suggesting in 1946 that the United States make a pre-emptive atomic bomb attack on Moscow while the Soviet Union did not yet possess nuclear weapons and in 1947, he put the idea in a memo to President Truman.

In the Korean War (1950-1953) a conflict of Cold War, Douglas MacArthur the general commandant in chief of USA and allied troops, wants to develop a global strategy to extend the struggle directly to China and USSR and gain military supremacy with the utilization of tactical atomic weapons. It was dismissed, accused of insubordination and the menace was deferred.

In the end of II World War, the thought and ideas of more powerful Western liberal leaders reserve full democracy to the old (UK) and new (USA) imperial countries, the white supremacy and racism is preserved inside those national and international communities and justify that democracy was not for all countries and nations. The fair of communism would be the following great idea.

The omission of History, the first fallacy of the single thought

In 1962, Friedman criticized Social Security in his book Capitalism and Freedom arguing that it had created welfare dependency and propose private charity as one recourse for alleviating poverty.

Friedman doctrine clashes with the Universal Declaration of Human Rights_ UDHR: Article 22, 23, 24, 25… the right to social security livelihood supported by each State, Friedman's became the main opposite of Keynesian government policies.

“Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23

Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

Everyone, without any discrimination, has the right to equal pay for equal work.

Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.”

He theorized that there existed a "natural" rate of unemployment and argued that unemployment below this rate would cause inflation to accelerate. Friedman economic doctrine promote macroeconomic "monetarism", negative taxation, privatization, and deregulation.

In 1975, as adviser of the dictator Pinochet, Friedman could apply its neoliberal program: He said: "There is only one way to end inflation :..cutting government to reduce the fiscal deficit”.. ” …to... strengthens the private sector” "promising a brief period of higher unemployment

The actual crises of emigration, assuming the dimension of continental waves of emigrants, with the refugee refusal by repressive means in the border of USA and Europe, represents the fall of  that theory and clash again with  the UDHR:

A recipe that is extended to all America Central, America Latina and Europa. Friedman was an advisor of Republican President Ronald Reagan and Conservative British Prime Minister Margaret Thatcher. His political philosophy celebrated the virtues of “free market”, what means deregulation of economic and financial systems with minimal intervention of state, extended to all domains, such as a volunteer military, freely floating exchange rates, abolition of medical licenses, a negative income tax and school vouchers, what means adding publicly operated schools with private management but publicly funded schools through a system of school vouchers.

“Article 13

Everyone has the right to freedom of movement and residence within the borders of each state.

Everyone has the right to leave any country, including his own, and to return to his country.

Article 14

Everyone has the right to seek and to enjoy in other countries asylum from persecution.

This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

Everyone has the right to a nationality.

No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”

Friedman favored immigration, because take jobs that most residents of this country are unwilling to take, however suggesting that immigrants should not have access to the welfare system.

The deregulation of economic and financial market, with an innumerable tax havens which provide cover for money laundering, the creation of hidden financial products, vulture financial funds, the end of separation between investment banks and commercial banks, represent the triumph of Friedman doctrine, not only in the range of conservative parties but involving socialist like UK Labour, from The Third Way of Tony Blair or American Democrats with President Bill Clinton government. The financial crises of 2007-2008 was the consequence.

A brutal clash against the UDHR too: In the US, despite the nominal GDP growth, the wealth of American citizens increasingly concentrated in a few scant 1% of the American population _ in 2006, this group of top received 53% of the income, and in 2010 came to 93%.( Bell, 2015).

That means the concentration of capital and property, the loss of public propriety and the expropriation of middle class_ entrepreneurs, farmers, workers, houses, cars, pensions, savings…

“Article 17

Everyone has the right to own property alone as well as in association with others.

No one shall be arbitrarily deprived of his property.”

The US Census Bureau reported that 16% of the U.S. population lived in poverty. And, concerning extreme poverty _ of those who live on less than 2 dollars a day, was twice of 1966, growing from 1.5 million to 2.8 million children and families!  The theory of Friedman of tendencies to reducing poverty is not confirmed in its own country!

In alternative, agrarian reform of PRCh gives the land to 350 million  of peasants and 850 million left behind the extreme poverty.

We needs a new conceptual framework, to understand the Chinese way

The cold war never end and the renaissance of China and the fall of USSR, create two negative waves:

Most of the Communist Parties do not understood why socialism was defeat in the East Europe. And for most of the parties that remain communist, socialist regimens needs to follow the model of USSR.

On the other hand, to neoliberal parties_ with the acronyms of democratic parties, liberal parties, socialist parties…liberal democracies was the end of history, the peak of political progress. Socialism with Chinese Characteristics emerged to put into question the two dogmatic views.

A long-time dogmatic propaganda from the right and the left, create a big political misunderstanding and alienation in the awareness  of citizen of EU. That is the reason because it is necessary a negative heuristic to dismount the fake prepositions_ fallacies and fake news.

Living in a new world where mass media and social media are monopolized, it is not easy to build a critical thought. After fifty years studying China, I always return to the critical issues: What represents the concepts the “Socialism With Chinese Characteristics”? And their evolution to “Ecological Socialism” and the pilot zones towards “Ecocivilization”? Wat are the propositions of  The Global Security Initiative for Peace or The Global Development Initiative? West media and social networks don’t publish the original documents and when make a brief note it is to criticize those initiatives as the soft power of China to achieve hegemony.

Time revue calls PRCh a “hybrid model of quasi-state capitalism and semi democratic authoritarianism”. Around the world, different research postulates a common idea: “China's successful reform has produced a system that is neither Soviet, nor Anglo-American, nor East Asian-developmental state. It has elements of all three” (Wei, 2019, 31).

That last vision was adopted  by the American Senate, after a long debate for two years, from 2016  to 2017, that decide: the Federal Government must increase the Economic and Diplomatic engagement with China. 

DHS Strategic Action Plan to Counter the Threat Posed by People’s Republic of China'

But in 2021, a critical  turning point happened:  the Department of Homeland Security’s (DHS), lanced the so-called “DHS Strategic Action Plan to Counter the Threat Posed by People’s Republic of China''. This document is practically unknown by the public in the west but  must be taken  seriously  by the government of China. It is the key to understanding the intensification  of hostile campaigns about Hong Kong, Xinjiang and Taiwan,  and incidents like the suspicion around the 5G technology.

But returning to China political Philosophy. The standpoint of my research is: If the People’s Republic of China represents a new historical experience of democracy and socialism, the Western conceptual framework of political hermeneutics is not adequate to understand PRCh.

And, by this way,  I find successive propositions not falsifiable, that must be better studied, like  socialist market, one country, two systems, that represent distinct faces of a new  historical regime, different from liberal democracy, and Soviet Union socialism. Those regimes  did not represent the end of history and the unique way to socialism.

And yes, we need a new conceptual framework, to understand the Chinese way into a new era. That is the mission of political philosophy.

USA plan against Chinese Threat and China  Global Development Initiative

In the beginning of December 2021, two documents established two opposite strategies to the world.

The Global Development Initiative (GDI), proposed by China on the United Nations Assembly in 2021, aims catch up and accomplish the UN’s 2030 Agenda for Sustainable Development, on risk by pandemic and regional conflicts, with a strong contribution of China in all critical domains, from health to the green transition.

The American plan accuses China of rampant intellectual property theft, counterfeiting and piracy, and deflated commodity prices using forced labor, costing American jobs, and decimating entire industries and towns throughout the United States. China is accusing of using immigration system and exploits U.S. businesses and academic institutions to obtain access to cutting-edge American technology and information. And too, of illicitly acquiring proprietary and critical information, which undermines American safety of armed forces …And to be responsible for the tragic balance of COVID 19 in US!? More than one million of causalities’…

The plan announces the restriction and police surveillance of  all activities and citizens of China in the US and a global partnership around all continents, including the Arctic but also the sidereal space, with the same negative intention.

The “EU-China Comprehensive Agreement on Investment'' was the last victim of that aggressive plan”. And the document named  EU New Strategy, face to China,  adopted those American line hostile against China.

The Global Security Initiative for Peace and the Principle of Indivisible Security

President Xi Jinping  propose the Global Initiative for Peace on the Annual Conference of the Boao Forum for Asia, April 2022 “The principle of indivisible security”, rejects the path of building one’s own security at the expense of the security of others, the opposite strategic concept that led to the creation of NATO and the Warsaw Pact, and the escalation of  Cold War.

This principle is in line with the principles of the UN, is committed to respect for the sovereignty and  integrity of all countries, advocates non-interference in their internal affairs and respects the different political and social regimes chosen by the history of their peoples

This new architecture, for perpetual peace, can be built from the United Nations and accompanied by the progressive dismantling of military pacts and the progressive reduction of mass destruction weapons_ nuclear, chemical, biological, digital…The last pollical declaration of the representative of China in UN, reinforce this position, PRCh wants that all mass destruction weapons be banish.

The Belt and Road Iniciative and National Strategy and the economic war against China

From China's standpoint, all the conflicts that the United States promotes directly or indirectly, using interference, aggression, and  civil war, are part of a strategic plan  to retake American hegemonism. The fusion of the complex military-industrial with the oligarchy of  finance, oil, real estate, and  the media business, created a deep social gap where 1% control 93% of the GDP _ Gross Domestic Product , and the budget of the two hegemonic parties  are dependent on their funding.

From China's standpoint is truth, a world divided by confrontations of blocs, with  military tactical conflicts, the supremacy  of the business over  the sustainable environment, are the core of the US political economy.

The difference between the BRICS, New Silk Road and RCEP agreements, which herald a New Era, lies first and foremost in access to free trade on an equal footing as well as to affordable low-interest credit from all partners; second, the respect for the sovereign decision of each one on the choice of their strategic economic projects and the model of governance regime (with various types of democracy); third, in China's position as a partner that does not seek hegemony, because it abdicates from creating mechanisms that could guarantee it this hegemony.

A new generation of human rights

A new project of democracy is imperative.  Can capitalist model reform themself to an ecological economy? And socialist economy?

28 JULY 2022

UN, reaffirming its resolutions, namely the “2030 Agenda for Sustainable Development”, and  its recognition that eradicating poverty in all its forms and dimensions, including extreme poverty, is the greatest global challenge and an indispensable requirement for sustainable development, in its three dimensions – economic, social and environmental, approved in 2022 a  Resolution Recognizing Clean, Healthy, Sustainable Environment as Human Right.

Also recognizing that, conversely, the impact of climate change, the unsustainable management and use of natural resources, the pollution of air, land and water, the unsound management of chemicals and waste, the resulting loss of biodiversity and the decline in services provided by ecosystems interfere with the enjoyment of a clean, healthy and sustainable environment and that environmental damage has negative implications, both direct and indirect, for the effective enjoyment of all human rights,

Reaffirming further its resolution 70/1 of 25 September 2015, entitled:

“Transforming our world: the 2030 Agenda for Sustainable Development”, in which it adopted a comprehensive, far-reaching and people-centred set of universal and transformative Sustainable Development Goals and targets, its commitment to working tirelessly for the full implementation of the Agenda by 2030 ensuring that no one is left behind, its recognition that eradicating poverty in all its forms and dimensions, including extreme poverty, is the greatest global challenge and an indispensable requirement for sustainable development, and its commitment to achieving sustainable development in its three dimensions – economic, social and environmental – in a balanced and integrated manner.”

Empathize: …recognition that eradicating poverty in all its forms and dimensions, including extreme poverty, is the greatest global challenge and an indispensable requirement for sustainable development!

Since their proclamation in 1949  to the year 2020, PRCh  eradicated from the extreme poverty 850 million people, departing from a higher standard of Power Purchasing Parity. In response to the UN Vienna Declaration and Program of Action, the Chinese government has made and carried out the National Human Rights Action Plans and National Human Rights Action Plan (2016-2020).

Poverty is defined by China as anyone in rural areas who earns less than $2.30 a day (adjusted for inflation). The national benchmark used by China is higher than the $1.90 per day poverty line used by the World Bank.

Deliver the Two Assurances and Three Guarantees was achieved in the year of 2020, for all people. The "Two Assurances" refer to the necessary food and clothing. And the "three guarantees" refer to compulsory education, basic medical treatment, and housing security. On the liberal democracies standard about poverty do not exist the Two Assurances and Three Guarantees.

In the Special Autonomous Regions and among the national minorities scattered throughout the Chinese Provinces, extreme poverty has been eradicated. (Guizhou, Xinjiang...). The per capita disposable income of the rural poor/extreme poverty, which was 30 $USD in 1949, increased from RMB 6,079 in 2013 to RMB 12,588 (1,928 $USA) in 2020. China leads the world ranking of PPP Comparative Purchasing Power since 2011 (IMF/WB), surpassing the US. (Roach, 2016)

Free conscience, political and social liberties

This essay, as a comparative-study, could not forget the principles of free conscience and social liberties, from UDHR:

UDHR. Article 18… the right to freedom of thought, conscience, and religion.

UDHR. Article 19… the right to freedom of opinion and expression

UDHR. Article 20 …the right to freedom of peaceful assembly and association.

What offer peoples Republic of Chine in this matter:

Those rights are record in the Article 35 of the Constitution of PRCh: “Citizens of the People’s Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.”

But what is the reality of the state of social liberties and the exercise of the freedom of conscience?

National People’s Congress

The National People’s Congress_ NPC is framed by the Constitution of the People’s

Republic of China_ PRC as the organ of the supreme national power. The basic functions of the NPC include the legislative production, the election of the upper organs of the State and the supervision, highlighting the five-year plan. The Constitution stipulates:

“All citizens of the People’s Republic of China who have reached the age of 18 shall have the right to vote and stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status and length of residence. Persons who have been deprived of political rights in accordance with the law shall not have the right to vote and stand for election.”

The representatives of the NPC of the village and district level are elected directly.

The representatives for the higher levels are elected indirectly, from those assemblies. It has enacted electoral laws for the National People’s Congress and local people’s congresses, and organization laws for local people’s congresses and governments. Estimating around 45.000 townships and towns, 1.700 counties, 400 county-level municipalities, 900 urban districts, 300 prefecture-level municipalities and 31 provincial-level units, is the largest electoral process.

The eight democratic parties that founded the People's Republic of China with the Communist Party of China (1949), have the constitutional right to be represented  in the NPC and on their Standing Committee. The actual composition of NPC sustain that large alliance, with 384 elected deputies from the 8 democratic parties, 470 independents, 2.090 communists and 36 places waiting for elections.

Chairmen of Central Committees of eight Democratic parties are regularly elected vice-chairmen of the Standing Committee of the National People’s Congress and the Standing Committee of National Committee of Chinese People’s Political Consultative Conference _ CPPCC

Chinese People’s Political Consultative Conference (CPPCC). Structure and composition In September 1949, the first plenary session of the Chinese People’s Political

Consultative Conference, working as a constituent assembly, announced, on behalf of all the Chinese people, the founding of the PRC. Following the election of the first China National People’s Assembly in 1954, the Chinese People’s Political Consultative Conference evolved as a supreme organ for the supervision of popular democracy, assessing the conformity of national laws and regulations with the application of principles of the Constitution and intervening to improve and refine them. According to the principles of “long-term coexistence, mutual supervision, sincere treatment with each other and the share of weal or woe’’ between the CPC and the democratic parties and democrats with no party affiliations.

Poorly compared, is a kind of administrative organ hybrid between the Senate State

Council and Constitutional Court, but without a last-instance character, functioning as a negotiating forum, elected from the base and representing all the living forces of the Chinese nation (34 sectors), where the communists are minority (1/3 was the golden rule of United Front committees _communists, democratic parties and local people). The primary functions of the CPPCC are to conduct political consultations and democratic supervision, and organize its member parties, organizations and personages from various ethnic groups and walks of life to discuss and manage state affairs. All activities of the CPPCC are guided by the Constitution of the PRCh.

The right to know. Increase the Right to Participate

Consultative democracy is applied extensively as a mechanism at multiple levels: The right to know. Increase the right to participate. Platforms are being improved to make government more open. In 2004, the State Council released the Outline of Comprehensively Advancing Administration in Accordance with the Law, which promotes government transparency and requires administrative organs to disclose government information.

A mechanism through which public opinion is consulted in drafting laws has been set up and improved. Since 2008, the state legislatures have solicited public opinion on 139 draft laws, receiving 2.46 million comments from 590.000 people. Since 2013, the government has released announcements inviting responses from the public and expanded channels and multiplied means for soliciting opinions in drawing up plans for the legislation work of the State Council.

China is a democratic State based on the rule of law, with a hierarchical system of popular courts and an independent prosecutor’s office.

Free Religion

No religion is given preferential treatment over other religions to enjoy special legal privileges. The major religions practiced in China are Buddhism, Taoism, Islam, and Catholic and Protestant Christianity, involving a total of nearly 200 million believers and more than 380.000 clerical personnel. At present, there are about 144.000 places of worship registered for religious activities and 91 religious’ schools in China. Social security for religious clerical personnel has been enhanced. By the end of 2017, 96,5 percent of clerical personnel had been covered by medical insurance, and 89,6 percent by old-age insurance, and all eligible personnel had been covered by subsistence allowance welfare almost all clerical personnel had been covered by the social security system in China.

Ethnic minority groups’ right to freedom of religious belief has been fully protected.

Religious beliefs and normal religious activities are protected by law. At the moment Tibet Autonomous Region has 1.778 venues for practicing Tibetan Buddhism, and some 46.000resident monks and nuns. The Living Buddha reincarnation is a succession system unique to Tibetan Buddhism and is respected by the state and governments at different levels of the autonomous region, the state having issued the Measures on the Management of the

Reincarnation of Living Buddha’s of Tibetan Buddhism. Tibet now has 358 Living Buddha’s, more than 60 of whom have been confirmed through historical conventions and traditional religious rituals. The system whereby Tibetan Buddhist monks study sutras has been improved. Monks from Tibet had received senior academic titles in Lhasa and in Beijing.

China has published translations of the religious classics of Islam, Buddhism, Christianity, and other religions in multiple languages to satisfy normal religious needs. More than 1.76 million copies of the Quran and Selections from Al-Sahih Muhammad Ibn-Ismail al-Bukhari have been distributed. The Tibetan Buddhist canons have been revised and published, and 1.490 copies of the canon Kangyur have been given to monasteries for monks, nuns, and religious persons. to study. To improve the self-management capacity of religious groups, the state offers training sessions to clerics on interpreting scriptures, and to persons who manage venues for religious activities.

Since 2011 the National Religious Affairs Administration has organized over a dozen training sessions on interpreting Islamic scripture and trained several hundred clerics from Xinjiang. The central government supports the Xinjiang Islamic Institute in expanding its campus, improving teaching conditions, and enrolling more students.

Democratic Tibet

“UDHR. Article 3.

Everyone has the right to life, liberty and security of person.

UDHR. Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited

in all their forms.

UDHR. Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

 

China New Democracy finished with the servitude along all provinces and regions and ended the slavery that resist in the Tibet feudal regime under the government of the last Dalai Lama.

On 23 May 1951, in Beijing, the central and local government delegates signed the agreement of 17 Articles, recognizing the unity of China and the Government’s authority over the entire national territory, pledging that keep the rulers and the institutions of Tibet until it was negotiated the peaceful democratic reform in the region, an agreement supported by the fourteenth and current Dalai Lama.

In 1954, the Dalai Lama took part in the first National Assembly of the People’s Republic of China, which drew up the Constitution of the Republic, having been elected as one of the Vice-Chairmen of the Standing Committee of this Assembly. In 1956, became President of the Organizing Committee of the autonomous region of Tibet.

Since that time that Tibet saw enshrined in the Chinese Constitution the respect for your language, culture, customs and beliefs, including Tibetan Buddhism.

The conflict arose when the democratic reform of Tibet, with the separation of religion and the secular State, the abolition of serfdom and slavery and, especially, the distribution of land and herds to Tibetan peasants until then subject to an anachronistic feudalism dominated by aristocrats and the upper layer of the monks. [4]

Characterize Tibet briefly, far way novels and Western filmography[5]:

According to the Census of 1959 (and read the biography of the current Dalai Lama to confirm this picture “between the lines”, nevertheless the flagrant omissions oh historical events), the monks of the upper layer and the nobility represented 5% of the population; 400 families shared each other almost all the arable land and herds: local government held 38.9%; the monasteries, 36.8%; the aristocracy, 24%. The small peasants fit the remaining 0.3%.

The servants, 90% of the population, were forced to pay the nobles and monasteries a corvée (unfree labor), an income on products and sometimes in money, in addition to heavy taxes and fees in cash and services. Without enough resources, borrowed the nobles and monasteries, paying high interest. If they died without paying off the debt, she passed to the descendants or the neighbors.

For the slaves, 5% of the population, household and public services were heavier, like cleaning, the dumping of feces, the freight transport and the transport of nobles and officials, in palanquins or own back.

Servants and slaves could be exchanged, donated, loaned or even sold. For the poor, there were no hospitals, no schools.  The monks of the upper layer and the most influential nobles shared political positions. The Yellow Sect of the Dalai Lama was privileged in relation to other sects and Tibetan Buddhism in relation to other religions.

Press and Media. Social Networks

The history of the two mains independent groups of Chinese press can be systematized by the biography of the journalist Hu Shuli, , quoted from World Economic Forum:

“Hu Shuli is the founder and publisher of Caixin Media, professor of the School of Communication and Design at Sun Yat-sen University, adjunct professor of the School of Journalism and Communication at Renmin University of China. Internationally recognized for her achievements in journalism, Ms Hu was named one of the World’s Greatest Leaders by Fortune in 2017. She was awarded the Ramon Magsaysay Award in 2014 and Missouri Honor Medal for Distinguished Service in Journalism in 2012. She was listed among Top 100 Influential People of 2011 by Time magazine. She was twice named one of Top 100 Global Thinkers by Foreign Policy magazine in 2009 and 2010. The Caixin editorial team under her leadership won the 2011 Shorenstein Journalism Award from Stanford University. In 2007, she received the Louis Lyons Award for Conscience and Integrity in Journalism from the Nieman Foundation at Harvard University. In 2006, Ms Hu was called China’s most powerful commentator by the Financial Times, and The Wall Street Journal cited her as one of Asia’s Ten Women to Watch. Ms Hu was named International Editor of the Year by the World Press Review in 2003 and one of BusinessWeek magazine’s Fifty Stars of Asia in 2001. Ms Hu serves as a global board member of United Way Worldwide. She was awarded the honorary doctorate degree from Princeton University on May, 2016.”

Caixin is a private media group dedicated to providing financial and business news through periodicals, online content, mobile apps, conferences, books and TV/video programs. As an industry leader in China, Caixin takes the lead to explore overseas markets and is well positioned to serve global users with the insight, information and news report about China. Caixin offers the English news via a 24/7 website and runs a weekly digital magazine and a bi-monthly print magazine that is distributed in financial centers in the U.S, Hong Kong, Singapore, and Zurich. Caixin also produces top grade summits, roundtables and dialogues thy of bring together political, business, and academic leaders from across China and around the world.

In 2009 Zhang Xianghui, Caijing Magazine's director of public relations, announces that 70 employees, or more than two-thirds of the business department, have resigned. "The key is that SEEC wants to step in and censor all of our financial stories...... especially cover stories and investigative reports. This is unbearable (for us)." SEEE was the financial group of  Hong Kong that was the proprietary of the magazine, and Hu Shuli the principal journalist. She lost Caijing and founded Caixin.

Caijing Magazine continues be published (since 1998) mainly focuses its coverage on finance and the economy, business and industry, politics, law, and society, including civil rights issues.

Over one billion people had access to internet in the country, resulting a fast-growing mobile app market.  In the last years, 83.4% of  Chinese users access the web from their mobile devices (compared to 63% in the U.S.), and many of the most popular services, like WeChat, exist only as a mobile application. Chinese users are also more engaged than Americans are. Already in 2011 the Chinese spent more time on the Internet than watching TV, while in the U.S. this crossover happened last year. More than 75% of them regularly contribute content online, but only less than a quarter of Americans do. And users in China spend more money on e-commerce than Americans. The literacy of hundred millions of  Chinese users can overcame the most sophisticate’s firewall.

The environmental Crises and the China and West Responsibilities

In the first phase of reform and openness, the West transferred to China some of its most polluting industries and all kinds of modern waste for recycling. Yellow phosphorus production  transferred to China  reduced Japan  production to zero, on the US to a half  and in Europe to two-thirds. Between 1999 and 2009,  exports of recycled paper shipped by the UK to India, Indonesia and China increased from 470,000 T to 4.7 million T. "If these emissions were accounted for, the reductions announced by Europe in recent years would be reversed. The UK Government's staggering 18% reduction in CO2 emissions since 1990 would be a 20% increase". [6]

 Is true that China is the first responsible by the atmospheric  pollution? If we considers the historical process and the per capita ratio, the answer is no. If we consider  CO2 emissions along the period 1850-2016, USA is the first responsible, the doble of China and EU countries represent much more of PRCh. If we consider the per capita measure, in the top are the Arabian countries, USA and Deutschland, and countries as India gives a reduced contribution to global warming. The data source is EU data (Global Watch).

Toward a New Era of Cooperation

South-South cooperation: A New Era in Africa

The South-South cooperation promoted by China can be defined by its fundamental policy measures: exemption from customs duties and “debt forgiveness” granted to the least developed countries (PMDs) and, following the 2018 China-Africa summit, the agreements with 37 countries for the construction and modernization of the economy, far from the neocolonial model of the raw materials. The 2018 summit was also an event of enormous importance for the European Union, which, with the help of China for the sustained development of the African economy and its support for the UN action on that continent, will see diminished pressure from refugees and migrants Africans fleeing from war and misery.

EU-China Comprehensive Agreement on Investment Could Sustained the Fall of Europe

When the China-EU Comprehensive Investment Agreement (CAI), after seven years of negotiations, was finally signed in December 2020, Ursula Von der Leyen, president of the European Commission-EC, signaled its strategic importance for the European Union, already living in a new economic crisis accelerated by the pandemic, because the CAI would allow "unprecedented access to the Chinese market".

Chinese and Europeans wanted facilitate market access and reduce investment barriers, helping to recover European industry and economy in sectors such as transport, health equipment, telecommunications etc...

US leaders used again their influence over the dominant parties in the European Parliament to suspend ratification of the agreement. The EU Parliament decreed sanctions against Xinjiang's rulers and China has responded with sanctions against some EU officials.

China is supported by Muslim countries and a large  majority of countries on the Xinjiang issue. 22 ambassadors sent letters to the UN Human Rights Council in 2019 criticizing China's policy in Xinjiang towards Uighur Muslims. The letters were signed by 19 European countries, in addition to Japan, Canada and Australia.  37 states, and later 50, (and after 65 countries)  supported Chinese policy in Xinjiang through the response letter addressed to the same Council, praising what they call China's remarkable achievements in the field of human rights. And they emphasise:

"Faced with the grave challenge of terrorism and extremism, China has undertaken a number of counterterrorism and deradicalization measures in Xinjiang, including the creation of vocational training and education centers," the letter says. (Yellinek.  and  Chen. 2019)

The letter also states that security has returned to Xinjiang and the fundamental human rights of people of all ethnic groups have been safeguarded. adding that there has been no terrorist attack for already three years The letter is signed by major Muslim countries, including allies from the U.S., Saudi Arabia, Pakistan, Oman, Kuwait, Qatar, the United Arab Emirates, Bahrain, Syria, several African countries and others from Africa, Asia, America, and the Europa. Around 65  countries support now the position of PRCh, the promotors of fallacy stay in large minority.

Global governance of human rights

China is actively engaged in global governance of human rights. China proposes at the United Nations General Assembly and the United Nations Human Rights Council the view that “The rights to subsistence and development are the primary, basic human rights.”

In response to the UN Vienna Declaration and Program of Action, the Chinese government has made and carried out the National Human Rights Action Plan (2009-2010), National Human Rights Action Plan (2012-2015), and National Human Rights Action Plan (2016-2020), setting phased goals and tasks for respecting and safeguarding human rights. It has fulfilled the targets set in the first two action plans and is working on the third. ~

The Chinese government has also formulated special action plans relating to the economy, culture, society, the environment and other fields, as well as special plans to protect the rights of specific groups such as ethnic minorities, women, children, the elderly, and people with disabilities.

Over the past 40 years, adhering to the principle of interdependence and inalienability of all human rights, China has coordinated the planning and promotion of all rights and endeavored to strike a balance between economic, social and cultural rights and civil and political rights, and between individual rights and collective rights.

Moving toward the Chinese Dream of national rejuvenation set out by the 18th CPC National Congress, the CPC has advanced the overall plan of seeking economic, political, cultural, social, and ecological progress, and made comprehensive moves to complete a moderately prosperous society in all respects, to extend reform, to advance the rule of law, and to strengthen Party discipline.

Conclusions. PRCh is co-founder and turn up toward of the  Universal Declaration of Human Rights _ UDHR

The propaganda of Cold War need to subvert and distort the principles of the original UDHR. In the U.S. (and the West), human rights are seen and reduced as formal civil and political rights. 

However, UDHR open  the gate of new democracies and History can walk again to realize all the dreams and Human Utopias.

The Right to a Clean, Healthy and Sustainable Environment, is the new universal Human Right. Resolutions from the Human Rights Council in 2021 (A/HRC/RES/48/13) and the General Assembly in 2022 (A/RES/76/300) add this fundamental human right to the library of internationally recognized rights.

Peoples Republic of China, incorporate the thirty (30) articles of UDHR in the Constitution and progressively, they turn them real to common people and design the international policy of China, since the 5 principles of peaceful coexistence to The Global Security Initiative for Peace guided  by the Principle of Indivisible Security or  The Global Development Initiative.

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[1] Communication presented  at the 18th Annual International Conference on Philosophy, 22-25 May 2023, Athens, Greece

[2] Communication presented  at the 16th Annual International Conference on Mediterranean Studies, 3-6 April 2023, Athens, Greece.

[3] Kenneth Roat was director of  Human Rights Watch’s, an organization hostile to the socialist regimes, that was born in the Cold War with the name of Watch, by initiative of the USA government to follow the  Helsinki Agreements, the treaty that recognized the new European political architecture that outcome from the II World War. Installed in Moscow, she does an intensive propaganda against socialist countries, using the theme of Human Rights. After the down of USSR, was transformed on the HRW, over the control of Democratic Party and the financial support of Ford Foundation, acting as a political lobby to pressing the UN Human Rights Council and the governments around the world that do not follow the diktat of the USA state. Kenneth Roat, to postulate an independent image, must recognize that, in the west, human rights are reduced to formal political liberties. See, the World Report 2020,

[4] The Potala Palace in Lhasa, comprising the White and Red Palaces with their ancillary buildings, is built on Red Mountain in the center of Lhasa Valley, at an altitude of 3.700m. It was the winter residence of the Dalai Lama (seat of government and fortress) since the 7th century, rebuilt in the 17h century, comprising thirteen stores of buildings, containing over 1.000 rooms, 698 murals, almost 10,000 painted scrolls, numerous sculptures, carpets, canopies, curtains, porcelain, jade, and fine objects of gold and silver, as well as a large collection of sutras and important historical documents. It is now a museum and World Heritage.

[5] The Autobiography of Tashi Tsering, an old monk that escape to USA, developed a strong dislike

of his country’s theocratic ruling. Return to Tibet, during Mao’s Cultural Revolution, he was arrested in 1967 and officially exonerated in 1978, becoming a professor of English at Tibet University in Lhasa. Their

testimony can be useful to demystify the regime of Dalai Lama and understand the political meaning of the

process of reform and opening up.

Norbulingka, the Dalai Lama’s former summer palace constructed in the 18th century, with 374 rooms, is located on the bank of the Lhasa River about 2km west of the Potala Palace in a lush green environment. It comprises a large garden with four palace complexes and a monastery as well as other halls, and pavilions all integrated into the garden layout to create an exceptional work of art covering 36 ha. The property is closely linked with religious and political issues, having been a place for contemplation, cultural festivities

and for signing political agreements.

[6]  Jonathan Watts, “When a Billion pf Chinese Jump, how China will Save Mankind”, page 146.

Watts is a defender or liberal democracy and do not sympathize with Chinese socialism. But, to quote people like them, a journalist well documented in the matter of environment, can be useful to open the mind of occidental public opinion, that have a prejudge about Chinese sources.

António dos Santos Queirós

Researcher

Center of Philosophy, University of Lisbon, Portugal

T. 00351910506370

adsqueiros@gmail.com

Athens Journal of  Philosophy
e-ISSN: 2732-9674    
DOI: 10.30958/ajphil
published by the Philosophy Unit of ATINER

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