Building a Community with a Shared Future for Human Beings: New Opportunity for South-South Human Rights Development Overview of the First South-South Human Rights Forum

From December 7 to December 8, 2017, the State Council Information Office and the Ministry of Foreign Affairs jointly organized the first South-South Human Rights Forum in Beijing. With the topic of "Building a Community with a Shared Future for Human Beings: New Opportunity for South-South Human Rights Development," participants conducted in-depth discussions on topics including "global human rights governance", "inclusive development and South-South human rights cooperation", "China and the SouthSouth cooperation", "right to education for the countries of the Global South" and "poverty reduction, right to food and right to health", which achieved great consensuses and yielded results. This Forum was the first time that countries of the Global South have jointly discussed human rights issues.     

China's Contributions to South-South Human Rights Governance: Concept and Practice——In the Vision of Global Human Rights Governance

Currently, human rights governance in Global South countries faces non-traditional human rights challenges in addition to the traditional ones. The view of human rights governance dominated by Western liberalism is already overstretched when facing the human rights governance dilemma of the less-developed countries. The proposal to build a community with a shared future for mankind as well as The Belt and Road have contributed new Chinese wisdom and action plans for South-South cooperation and global governance rights both theoretically and practically, which has important significance for easing the predicament of the human rights protection in the Global South.     

Diversity of Civilization and Development of the World Human Rights Cause——Summary of “2019 South-South Human Rights Forum”

From December 10 to 11,2019,the State Council Information Office and the Ministry of Foreign Affairs jointly held the 2019 South-South Human Rights Forum in Beijing.Participants from more than 80 countries,regions and international organizations discussed and exchanged views on such topics as "the practices and experiences of human rights protection in the countries of the Global South","path of human rights development against the background of the diversity of civilizations","building a Community with a Shared Future for Human Beings and global human rights governance".Participants in the forum actively voiced their national human rights views,exchanged human rights development experiences,explored human rights development paths in developing countries,and reached broad consensus.In an international environment featuring the rise of unilateralism and hegemonism,the South-South Human Rights Forum issued a strong message of solidarity and cooperation among developing countries on human rights issues,and also conveyed to the world the firm determination of developing countries to jointly promote the healthy development of the world's human rights cause.     

Strengthening South-South Judicial Cooperation to Promote the Development of Global Human Rights

Judicial cooperation is one of the significant components of South-South cooperation. Furthermore, in the process of South-South cooperation, the establishment of a fair, rational, and transparent new system of international justice must be jointly promoted. The Chinese judicial authorities have made new progress in deepening judicial reforms, enhancing judicial transparency, improving human rights judicial protection mechanisms and strengthening the construction of smart courts, and have accumulated rich judicial experience. Under the background that many changes and great upheavals are taking place in the international world, countries of the Global South should strengthen their judicial exchanges and cooperation, especially in the field of the judicial protection of human rights. SouthSouth cooperation should be enhanced and they should learn from each other, so they can jointly make contributions to the development of the legal world.     

Positively Lead Sustainable Development and Effectively Implement the Right to Development: A Chinese Perspective

The concept and claim of the right to development is a major contribution of developing countries represented by China to the international human rights theories and system. China has been actively promoting sustainable development of the global economic, social and ecological environment and has made substantial contributions to global sustainable development. At the national level, China is committed to eradicating poverty and improving people's well-being. At the international level, China calls for the strengthening of the special mechanism for the right to development and attaches great importance to experience sharing and summarizing of the right to development. China's human rights cause has broad prospects for progress and will also make greater progress in safeguarding the right to development.     

The Contribution of the Belt and Road Initiative to the World's Right to Development

The Belt and Road Initiative makes an important contribution to the right to development in theory and practice in the current world. Since the reform and opening-up, the Chinese government puts the rights to subsistence and development before any other human rights, which effectively guarantees and accelerates a rapid economic development in China. Nowadays, countries along the Belt and Road have joined a "community of common destiny". Inside the "community of common destiny," countries have enjoyed not only the responsibility, rights and benefit of the right to development, but also a win-win cooperation that ensured the right to development. Therefore, the Belt and Road initiative enriches the UN Declaration on the Right to Development, and "community of common destiny" of countries becomes a higher form of the right to development.     

Seeing Human Rights from the Perspective of Development

The significance of including development in the spectrum of human rights lies in the fact that the notion of human rights is thus expanded to include the independence and economic and social development of the third world, instead of being limited to Western philosophical exploration and political experiments. Moreover, in practice, the right to development, as a newly added element of human rights, may correct the traditional idea in some states that the only version of human rights is political freedom, and those states failing to perform well in such freedoms should be criticized or even punished. When the human rights concept and system are examined from the perspective of development, more tolerance and cooperation may be expected in international politics, thus promoting the enrichment and improvement of the whole human rights system.     

Predicaments and Countermeasures of the Protection of Migrant Workers' Human Rights——From the Perspective of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

International migration mainly happens between the North and the South Mig rant workers have made important contributions to the inclusive growth and sustainable development of world economy, but their human rights are often violated In recent years, frequent extreme terrorists attacks and large-scale refugee influxes have triggered anti-for eign sentiment and policies in developed countries, which expose migrant workers to an unprecedented human rights crisis The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an important convention adopted by the United Nations that specially protects human rights of migrant workers However, as the convention has not been ratified by major developed countries where most migrant workers seek employment, the protection regime has an empty shell Developing countries where most migrant workers originate from should strengthen cooperation among themselves and urge developed countries to fulfill the duty of human rights protection by normalizing the status of migrant workers and that of members of their families in employment countries and ratifying the convention as soon as possible.     

On the Making and Significance of the Universal Declaration of Human Rights

The Universal Declaration of Human Rights was the first common commitment of the international community to human rights. It demonstrated the belief and determination of humanity to maintain peace, democracy and human dignity. The process of formulating the Declaration was difficult. But in the spirit of cooperation,countries finally succeeded in reaching a consensus on human rights.The making of the Universal Declaration of Human Rights had great value and significance for promoting world peace and development,and it has had a far-reaching impact on the rule of law in international human rights and the development of the human rights legal systems in various countries. A re-examination and analysis of the process of formulating the Universal Declaration of Human Rights will help us understand the purposes and objectives of the Declaration and review the great value of the spirit of the Declaration to the world today.     

The Conflict and the Balance between the Right to Development and the Right to the Environment——Perspective and Reflection Based on China

The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the right to development and the right to the environment, which leads to serious consequences. To coordinate development and the environment, developing countries should shift their pattern of development, take the path of sustainable development and realize environmental protection and ecological balance while promoting economic growth.     

Delivering the Commitments

Xiao Han Since its establish-ment in 2000, the FOCAC has ex-panded its African membership to 53 countries and the African Union (AU) Commission, providing a collective dialogue platform and practical cooperation mechanism, and becoming an exemplary model for South-South cooperation and for international cooperation with Africa.     

The New Contribution to the Important Discourse on Human Rights by General Secretary xi Jinping

Under the background of the fact that human rights protection has become an important part of the socialist construction with Chinese characteristics in the new era, and with the international background of the strengthened trend of mainstreaming of human rights, Xi Jinping's series of speeches and the 19 th CPC national Congress reports comprehensively explained the construction of human rights in China and the development of the international human rights. The important discourse on human rights by General Secretary Xi Jinping is people-centered: people's yearning for a better life is our goal and reveals the source of human rights. Chinese dream is a dream of the country, of the nation, and of everyone in China. The close integration of individual and collective human rights points out that the state and people are important parts of collective human rights and it is an effective response to the "human rights over sovereignty" of Western countries. That there are not the best human rights, but the better ones; fighting for human rights is not always done, but always doing scientifically reveals the operational form of human rights. The right of survival and development is the primary human right; to attach importance to the right of peace conforms to the reality of our country and it has the support of the vast number of developing countries. Building a community with a shared future for human beings is a new vision for the development of the international human rights. only when the perfection and implementation of Constitution and law are paid attention to, and the democratization and legalization of the international human rights cause are promoted, can the guarantee be provided for the realization of human rights. The important discourse on human rights by General Secretary Xi Jinping is guided by Marxism, carries the communist party member's original intention of serving people and is deeply rooted in the masses of the people. It inherits the theory of "benevolence" and "harmony" in Chinese culture,stands at the height of history and times, and points out the direction for the all-round development of Chinese people and the overall progress of society, and for the liberation of all mankind. This scientific theory is successfully guiding China's human rights construction constantly towards new achievements and has had a profound and extensive impact on the international human rights cause.     

On the Teleological Interpretation of the Right to a Happy Life

In his letter to the symposium commemorating the 70~(th)anniversary of the Universal Declaration of Human Rights,General Secretary Xi Jinping put forward that "people's happy life is the greatest human right ".The academic implication of this important exposition is that it puts forward a major concept,the right to a happy life as a human right,in the field of hum an rights.The right to a happy life is the right that people pursue,enjoy and realize a happy life,which belongs to the general right,that is,the "bundle of rights".Teleological interpretation provides a strong defense for the right to a happy life.However,teleological interpretation may bring many risks,which may get the right to a happy life into many dilemmas,such as the loss of dignity due to the degradation of "human" as a tool,the loss ofjustice due to the damage to the human rights of a few individuals or groups,the possible violation of human rights due to the promotion of the expansion of government power,and the difficulty of universal recognition due to differences in the pursuit of happiness and the happiness itself.Therefore,we must adhere to the "people-centered" principle and justice to enhance the government's serious handling of human rights and reach an overlapping consensus in the pursuit of happiness,so as to restrict the teleological interpretation of the right to a happy life in a rational manner and promote the development of China's human rights cause.     

Building a Community with a Shared Future for Mankind to Human Rights Theory

The concept named "a community with a shared future for mankind" has important implications for the theory and practice of human rights. From the perspective of specific human rights, the idea of a Community with a Shared Future for Mankind implies recognizing the right to peace of mankind, advocates the mode of economic cooperation and development, and acts as a guide for building an eco-friendly world, rejecting hegemony, and promoting cultural diversity. Therefore, a Community with a Shared Future for Mankind plays an important supporting role in establishing the legitimacy of specific rights. Meanwhile, in view of the scarcity of human resources, it is impossible for all kinds of rights to be protected to the same degree. Human rights need to be systematically constructed in theory and practice, and also require the formation of a well-functioning platform for their protection. As a guideline, the notion of a Community with a Shared Future for Mankind is conducive to the establishment of such a system.     

New Understanding of the Socialist Human Rights Concept with Chinese Characteristics and its Practice: An Overview of the International Conference on the International Cooperation in Human Rights and the Chinese Perspective

The International Conference on the International Cooperation in Human Rights and the Chinese Perspective organized by the Institute of International Law, Chinese Academy of Social Sciences, took place in Beijing, China from October 22-23, 2016. Both Chinese and foreign human rights experts convened to exchange their opinions on the new development of the human rights theories and practices, especially from the Chinese perspective. The socialist concept on human rights with Chinese characteristics was discussed intensively during the meeting and new terms such as "the Human Rights Model of the South" and "the Human Rights Perspective of the South" were raised. The participants interpreted and summed up the experiences and features of the Chinese socialist human rights cause. The drafting and implementation of the Chinese National Human Rights Action Plans and the progress in the promotion of rule of law in China were mentioned. They highly valued the constructive roles played by China in the international human rights cooperation field, especially under the United Nations(UN) human rights regime and for the implementation of the UN 2030 Agenda for Sustainable Development.     

两岸合作开发南海渔业资源法律机制构建

南海自古以来便是中国渔民的重要作业渔场。两岸合作开发南海渔业资源,是解决南海争端的重要着手点和突破口。两岸南海渔业合作符合双方共同利益,但这一合作必定面临诸多内外因素阻碍。内部因素是两岸主权共识缺失、互信基础薄弱、沟通渠道有限;外部因素是南海周边国家的分化和美国的阻扰。然而,南海渔业资源北衰南兴的现状与外来侵渔的紧迫形势决定了两岸加紧合作共同维护南海渔业资源主权权利是必要的。目前两岸在政策、法律和技术层面的一致性、默契性和互补性也决定了双方南海渔业合作是可行的。两岸可基于《海峡两岸经济合作框架协议》已搭建的制度化平台,由两岸经济合作委员会成立南海渔业工作小组,通过签订协议的方式构建南海渔业资源合作开发法律机制。     

On the Normative Structure of International Human Rights Treaties Monitoring Mechanisms and Its Legal Challenges

The Charter bodies established under the United Nations Charter and the treaty bodies established on the basis of international human rights treaties constitute the two major means of supervising the implementation of international human rights treaties.The treaty bodies responsible for monitoring the implementation of international human right treaties have gradually formed a four-fold supervision system consisting of state reporting,inter-state complaints,individual complaints and inquiry procedures.These quasi-judicial procedures are responsible for overseeing the implementation of international human right treaties.The practice of treaty body procedures has profoundly affected the development of modern international human rights law and is promoting the improvement of international human right treaty monitoring mechanisms.But due to the constraints of international politics,economic structure and related historical conditions,treaty bodies still face severe challenges.The improvement of the four major procedures will promote the development of the international human rights cause.     

The Relationship between Human Rights and Development——A Brief Analysis of the Perspectives of Chinese Scholars and the Practice of Chinese Government

With the change and development of the concept of human rights, the thinking about the relationship between human rights and development is becoming more and more deeply. Under this background, the author profoundly realizes that both recognizing the economic development as the first priority like some developing countries do and considering the human rights to be the most important thing as most developed countries do are unilateral and harmful to the social progress. Human rights and development are interdependent and mutually promoting each other. This paper introduces the three main viewpoints of the relationship between human rights and development. Based on the changes of the attitudes of the UN and China to the relationship between human rights and development, this paper holds that though it is a great progress for the Chinese government to understand that human rights and development are interdependent, there are still lots of difficulties in realizing their mutually benefiting relationship in reality. These difficulties are due to the lack of professionals who enjoy good understandings of the rules for social development and are capable of practicing human rights theories. Therefore, the authors suggest that the promotion of human rights education is instrumental to the development and progress of human society.     

Interpretation of the Concept of the Right to Internet Access from the Perspective of International Law

The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic human right, thus enhancing the issues of whether it should be incorporated into the macro system of international human rights. By analyzing the facts, this article points out that the international concept of the right to internet access should be distinguished from its domestic concept, for there are no legal sources about the right to internet access for guidance as with some treaties in the current international law, despite its close relationship with some existing rights such as the freedom of speech, press and assembly, or the right of equality, or the right to development. And there is still a long time before the legal value and related responsibilities as well as the boundaries about the right to internet access becomes a consensus in the international society. Even though there is quite a possibility, this right hasn't been embodied as part of international human rights, and thus hasn't made a legal concept in international human right law.     

A Pluralistic Approach to Human Rights in a Community of Shared Future for Mankind

"A community of shared destiny for all mankind" has its own inherent logic, structure and development path, and a pluralistic concept of human rights is a key factor to achieve its four core goals: equality, cooperation, security and inclusiveness. A pluralistic concept of human rights and the ideal of a community of shared future for all mankind overlap on certain values and interests, as well as power and cultural attributes. It means that a pluralistic approach to human rights is indispensable to the establishment of a community of shared future for all mankind. Meanwhile, this new view of human rights embodies mutual respect and support for the inherent inevitability among different countries, shared responsibility, and pursuit of common development.