China and the International Human Rights Covenants

ABSTRACT

In 1966 the UN passed two International Human Rights Covenants that are among the great achievements of humankind. The covenants were adopted in five equally binding languages, one of which was Chinese. The People's Republic of China (PRC) is generally assumed to have ratified one and signed (but not ratified) the other. In 1973, however, soon after the PRC began representing China in the UN, new Chinese-language versions of each mysteriously came into existence. These are the versions one is likely to find on the UN website, and they are what the Chinese government treats as the “covenants.” The authors of this article show that these contain substantial revisions from the covenants that had been passed by the UN 1966 and subsequently ratified by at least 164 countries. The revised versions are so different, in fact, that one could well question whether the PRC actually embraced either covenant. The covenants granted rights that the revisions would later withdraw, and in at least one case the revisions recognize a right that is absent in the covenants. Based on their comparative analysis of the various versions, the question arises as to whether China is a responsible actor in the international legal order and a reliable partner when it comes to entering into agreements with other countries or acceding to international treaties. Given that China comprises over one-fifth of humanity, it also brings into question whether the principles in the covenants can claim absolute validity and anything like universal acceptance.     

In search of international criminal justice in Africa: What role for the United Nations?

The International Criminal Court (ICC) ran into considerable controversy almost immediately after its creation. More than 10 years later, the tension between the court and the AU is palpable. The court’s perceived political prosecutions as well as procedural flaws in light of the power bestowed on the UN Security Council under Article 13(b) of the Rome Statute are some of the areas of contention. However, despite the obvious flaws of the ICC, there is also widespread scepticism that the AU can be trusted to mobilise sufficient political will to deliver justice on the continent, more so in cases where the perpetrators are sitting heads of state or government. In lieu of cooperation with the ICC and the UN, can the AU deliver justice to victims of gross human rights abuses? Are extraordinary African Chambers such as the one created in Senegal to try the former Chadian dictator Hissene Habre an alternative to the ICC? This article argues that it is only through a partnership of convenience between the AU and the UN that victims of human rights abuses on the continent can access justice. Furthermore, the article opines that calls for African states to withdraw from the ICC en mass must be vigorously opposed.     

Japan's United Nations Peacekeeping Dilemma

The Peacekeeping Operations (PKO) Law was passed in Japan in 1992, after much debate and controversy over the question of sending SDF troops on UN peacekeeping missions. The limits implicit in the "Five Principles" of that Law mean, however, the SDF cannot participate in UN PKO missions in any meaningful way. In this article, Kimberly Marten Zisk, Associate Professor at Barnard College, Columbia University, addresses the issues behind the arguments for and against a more active Japanese UN PKO participation. The strong antimilitarist sentiment which arose as a reaction to the specter of the Pacific War, and the fears of her neighbors, in addition to domestic political concerns, are all contributory factors to Japan's reluctance for a more active UN PKO role. Nevertheless, Zisk states that a s a "middle power" in international relations, and one that is very keen for a seat on the United Nations Permanent Security Council, it is puzzling that Japan should have placed so many restrictions on the SDF's PKO. She argues that for any comprehensive study of Japanese defense policy and PKO, the bureaucratic influences on peacekeeping policy should also be taken into account.     

The UN's response to the underlying causes of the Arab Spring before and after the eruption of events: a critical assessment of the UN's pursuit of its core values and purposes

This article aims to assess whether the UN is effectively pursuing its core values and purposes, focusing on the Arab Spring and UN efforts in the MENA region. It examines how the UN responded to the long-standing causes of the Arab Spring uprisings, both before and after their eruption. After linking the conflict resolution literature with the literature on the root causes of the Arab Spring uprisings, the article surveys UN efforts between 1994 and 2017 regarding human development, democratization, human rights, conflict prevention and peacebuilding, alongside the resolutions of relevant UN bodies. This comprehensive survey of the activities of the UNDP, UN human rights machinery, human security apparatuses, and the General Assembly and Security Council suggests that the UN was limited in promoting its core values democratic governance and human rights, which could have addressed the long-standing root causes of the Arab Spring. The article concludes that the UN's limitations, stemming from its non-interference principle also paved the way for power politics, external intervention and instability in the region.     

The state of East Timor studies after 1999

Taking stock of the state of knowledge on East Timor since the UN intervention of 1999, this article traces the rise of a hegemonic discourse especially around development issues notably as promoted by the World Bank. In turn, the World Bank discourse of lean government, market-oriented economic policies, and export-oriented agriculture is reflected in a number of publications. As a formidable patronage machine in East Timor, it would not be surprising if arriving international staff along with East Timorese returnees would emerge as Bank collaborators or even employees. The thriving NGO community which emerged in East Timor as the underbelly of the UN mission also found common cause with human rights discourse and, especially, sustainable development discourse from within the UN mission. Meanwhile, a number of foreign anthropologists embedded themselves within and without the UN mission producing a major corpus of writings. Amidst this “clash of paradigms” East Timor muddled along, dependent on donor support, but prey to vagaries of seasons, international markets, and predatory outsiders. To a large extent, the international agency, NGO, and academic literature tracked these vagaries but, outside of linguistic studies, we await a critical mass of autonomous writings by East Timorese about East Timor.     

THE ROHINGYA CRISIS: WHY THE WORLD MUST ACT DECISIVELY

The dimensions of the crisis generated by the systematic persecution and expulsion of Rohingyas by the Myanmar authorities have been a sustained subject for global debate in these present times. The refusal of the Myanmar government to heed the world's warnings, its obfuscations in the matter of following through on the recommendations of the Annan Commission, and the dogged reluctance of Aung San Suu Kyi, once an ardent advocate of democracy and human rights in her country, to speak up for the Rohingyas have left the international community deeply disappointed. And disturbing too is a report by UN investigators on human rights abuses in Myanmar's Rakhine state. The problem does not look about to be resolved any time soon, with more than 750,000 Rohingyas taking refuge in neighbouring Bangladesh, pushing social dynamics in an already over-populated country to the edge. The fear is that the crisis could fester before getting dangerously out of hand, unless the global community goes for decisive action.     

The role of African universities in the protection of the rights of indigenous peoples: A development agenda

Before the emergence of the United Nations at the end of the Second World War, human rights were generally scantily recognised in international law and, even under the UN Charter of 1945, indigenous peoples received merely tacit reference. Since the 1970s, however, several normative instruments have been adopted to give recognition to the rights of indigenous peoples as a distinct component of international human rights law. With the further adoption of the Declaration on the Rights of Indigenous Peoples by the UN General Assembly in 2007, the subject has assumed new dimensions with the possibilities of new vistas. What, for instance, is the role of African universities in the promotion and protection of the rights of indigenous peoples as critical agents in the global human rights and development agenda? The purpose of this article, among others, is to synthesise the strategic approaches to the rights of indigenous peoples and to accentuate a more informed conceptualisation of what the role of African universities on this subject ought to be, and must be, in the light of the dynamic opportunities of the post-2007 era.     

Confrontation or coexistence: The national reconciliation process in Cambodia

On October 23, 1991, the four warring factions in Cambodia signed a peace accord, agreeing to disarm and allow UN‐sponsored elections. Through the UN Transitional Authority in Cambodia (UNTAC), elections were held in May 1993, despite disruptive efforts by some factions. Yet conflict continues. Professor Yasuhiro Takeda of Japan's Defense University examines current possibilities for reconciliation between the Khmer Rouge and the new government in Cambodia.     

Japan's ODA in the 21st century

In this article, Atsushi Kusano, Professor of Policy Management at Keio University, Tokyo, discusses the challenges facing the Japanese government as it continues its active promotion of official development assistance (ODA). The government is being exposed to competing pressures from the domestic and international communities. In response to these pressures, Professor Kusano argues that the Japanese government should improve the transparency of its ODA program, think strategically and set clear priorities for assistance, and incr ease public understanding and support. However, the future of Japan's ODA program, he says, depends not only on the efforts of the Japanese government, but also on the positive action by the people of Japan and by developing countries themselves.     

The historical significance of the japanese textbook lawsuit

Abstract

In 1960, Ienaga Saburō, Professor of Japanese History at Tokyo University of Education and the author of many books on Japanese history, began a long series of court actions to have the Ministry of Education's system of certifying all textbooks used in Japanese schools declared unconstitutional. In the following essay, written exclusively for the Bulletin Professor Ienaga provides an historical background to government control of education in Japan and reviews his long struggle against government censorship of books used in Japan's schools.     

Coercive Diplomacy: Israel,Transjordan and the UN—a Triangular Drama Revisited

The Arab states suffered humiliating defeats at the hands of Israel during the first Arab–Israeli war. Immediately following the war, Israel made brilliant and shrewd use of diplomacy to achieve its goals at the negotiating table, much as it had previously used armed force. Israel refused to negotiate with a united Arab negotiation team, preferring to isolate the states, picking them off one after the other. The Israeli–Transjordanian talks differed radically from the other armistice negotiations. Here, two parallel tracks were followed. At Rhodes, the two countries negotiated openly under UN auspices, while in Jerusalem and at King Abdullah's palace in Transjordan, representatives of the two countries held secret bilateral talks. Israel masterfully used the context of these talks to maximise its gains, using military operations to create ‘facts on the ground’, combined with direct coercion in the shape of blackmail, while taking full advantage of international power structures and abusing the trust that King Abdullah had placed in personal relations. The UN Acting Mediator, Ralph Bunche, was aware of the secret back channel, where the clearest cases of coercion took place. Physically and mentally exhausted by the protracted negotiations, he allowed the secret talks to progress despite his dislike of the outcome. The British government, at the time the protector of Transjordan, was unable to assist its client for fear of falling out with the USA, while the US government, in many ways the protector of Israel, maintained an equally ‘hands off’ stance because the talks concerned only an armistice, not a peace treaty. Already at this early stage in their relations, the power asymmetry between Israel and the Arab states was the main reason the parties could not arrive at a peaceful, sustainable solution. This article reinvestigates this diplomacy by using a combination of US, Israeli, British and UN archives, as well as the almost untouched Ralph Bunche diary.     

Paradoxes of internationalisation of the Anglophone problem in Cameroon

Historically it is not strange that the Anglophone elites in Cameroon took their case to the international community, since this was a strategy that they employed during the British colonial period. A number of petitions and constant visits were made to the United Nations (UN) by Anglophone elites concerning British neglect of their territory. These petitions were made in the form of presentations before the United Nations in New York or whenever there was a visiting UN mission to the trust territory. Nonetheless, since the early 1990s, the pattern of petitions has changed drastically. Petitions against the new state are different from those earlier petitions against colonialism. The aim of the petitions against the new state has been to draw the attention of the UN and the international community to the injustices inflicted upon minority English-speaking Cameroonians by the ruling government. The Anglophone elites believe that, by making their plight known to the international community, the latter might intervene to restore the statehood of Southern Cameroons.     

Japan’s new role in peace-building missions

Japan’s policy towards peace operations has been in a state of evolution. One of the issues on its peace operations policy was that the Japanese Government tended too much attention to possible tasks involving the Self Defense Forces (SDF). However, the Japanese society should consider the possibility of its participation in peace operations in the wider framework, such as multifunctional peace-building missions. In fact, the concept of peace-building is compatible with UN Millennium Declaration in 2000, and the Japanese Ministry of Foreign Affairs also recommends that peace-building should be included as one of the priority issues in Japan's new policy on Official Development Assistance (ODA). Meanwhile, Japan will be required to participate in peace-building with the framework of multinational forces as well as the United Nations in the current post-9/11 era, such as its current mission in Iraq.     

Japan's New Economic Diplomacy: Changing Tactics or Strategy?

Japan's economic diplomacy has evolved significantly since the 1990s in response to the reconfiguration of regional and global power. This article places developments along a conceptual continuum and finds that, slowly but steadily, Japanese policies shift from an emphasis on commercial goals of economic diplomacy to include also a more outspoken element of power play. While tourism promotion may be considered a new part of economic diplomacy, long-time practices of trade and investment promotion, business advocacy, and development cooperation are revamped with a focus on the environmental and energy fields. The negotiation of trade agreements, which for long was highjacked by domestic politics, was given new impetus in 2010, while financial diplomacy—which seemed promising in the early 2000s—stalled. Finally, negative sanctioning is no longer a taboo, particularly in the relationship with North Korea. The appetite of the government and private sector to conform with Western countries remains limited, however, and the ambiguity between the old and the new suggests that we are witnessing a change in Japanese tactics rather than in strategy.     

“舌尖上的教育”是如何成为国策的——对日本政府在“食育”形成中角色的综论

日本是目前世界上食育体系最为完善的国家,研究这一体系,特别是关注其中的政府角色,对在中国推广该机制,具有重要意义。文章以日本为研究国别,在描述食育基本内容的基础上,论述了不同历史阶段食育的特征与消长,尤其是政府对推进食育计划的积极作用,最后重点关注了发挥管理保障功能的日本政府有关食育计划的组织架构。     

Ralph Bunche and the Colour of Sovereignty: Exploring the Eurocentrism of the United Nations' First Peacekeeper

Ralph Bunche, the first African American to receive the Nobel Peace Prize, was a committed anti-imperialist, a fighter against racism and for civil rights. And yet, his action and appearance as special representative of the United Nations Secretary-General in the Congo, made him appear as hostile to African independence and as a (neo-colonial) “blanc,” questioning the sincerity of his anti-imperialism as well as his anti-racism. The article argues that Bunche's dilemma is paradigmatic for the paradox that exists between the United Nations' (UN) declared anti-racism and anti-imperialism, on the one hand, and its politics of peacekeeping and peacebuilding which are effectively a quasi-imperial politics of world order, on the other. The article dissects Ralph Bunche's writing and thinking on the international system, Africa and the Congo in order to understand how individual anti-racist commitment can co-exist, or even be co-constitutive of, systemic racism of international politics and law. Apart from providing important insights into the thought of a central founding figure of UN peacekeeping and peacebuilding, the article contributes, hence, to ongoing discussions on Eurocentrism and race in international politics.     

“战争罪犯”还是“民族英雄”——以日本战后恢复对军人和战犯的抚恤政策为视角

对军人军属进行抚恤是日本军国主义战争动员的重要内容,日本战败后曾经一度废除。《旧金山和约》签订后,日本政府很快恢复了对不包括战犯在内的复员军人的抚恤、救助工作。在日本遗族会等保守团体的推动和"战犯释放运动"的影响下,经过几次修改,至20世纪50年代中期,日本政府全面恢复了对包括战犯在内的军人军属抚恤工作。无论是刑死还是狱死的"战犯"均被视为因公死亡享受抚恤,战犯服刑期间仍被作为"在职期间"累积计算抚恤年金,服刑期间伤病者另可以享受"伤病抚恤",战争罪犯俨然成了日本的"民族英雄"享受优待。日本政府从立法层面恢复对战犯的抚恤,对日本社会的战争认识和战争记忆的重构产生深刻的影响,也成为此后甲级战犯被靖国神社合祀的社会意识的基础。     

“部落问题”:日本边缘社会的文化困境

部落是被歧视部落的简称,是日本历史上被称为"秽多、非人"的人所聚集的村落。几百年来,由于身份制度,部落民挣扎在社会的最底层,在职业、婚姻等社会生活等各个方面都受到歧视。近代开端的明治维新虽然颁布了《解放令》,但是未能真正使部落民摆脱受歧视的处境。二战后,随着部落民自身解放运动的展开,日本政府也实施了一系列推动部落解放的措施,但部落歧视在人们的思想中依然存在。文章论述了部落的起源及其在各个时期的生存状态和为改变自身命运进行的不懈斗争,并重点剖析了日本部落问题在近现代依然存在的深层的历史文化原因。     

The Secret Japan-US Security Pacts: Background and Disclosure

For many years the Japan-US Security Treaty has been the cornerstone of Japanese foreign policy and security policy. Suspicions have long been voiced, however, that behind the security treaty there lurked unpublicized secret pacts. In particular, despite the denials of the Japanese government, there were suspicions that nuclear-armed warships had in fact called at Japanese ports. With the change in government in September 2009, the issue came to be the subject of an investigation by the new Democratic Party of Japan administration. The author of this article served as chairman of the commission of inquiry.     

The transformation of hi no maru in postwar Okinawa: from symbol of hope to object of contempt

Starting in the early 1950s, the Japanese flag hi no maru was a cherished symbol in Okinawa of the movement for an end to the postwar U.S. military occupation and reversion to Japanese sovereignty. The flag represented an appeal for liberation from U.S. military rule that dragged on for twenty years (1945–1972) after mainland Japan regained its sovereignty in 1952; and, for elimination, or at least reduction, of the overwhelming size and number of American bases on the island. However, the 1969 Okinawa Reversion Agreement between the U.S. and Japanese governments broke both of the Japanese government’s promises that, after reversion, Okinawa would have no nuclear weapons, and that U.S. bases would be reduced to mainland levels. The grossly disproportionate U.S. military remains to this day, and a “secret agreement” permits the United States to bring back nuclear weapons. Today many in Okinawa associate hi no maru with this discriminatory policy which imposes 74 percent of the total U.S. military presence in Japan on this small island prefecture comprising 0.2 percent of the nation’s land area. For historians, the flag also represents atrocities committed by Imperial Japanese soldiers during the Pacific War and the Japanese government’s continuing reluctance to acknowledge them.