CYIL vol. 13 (2022)

MAX HILAIRE

CYIL 13 ȍ2022Ȏ

China and International Human Rights Law China does not recognize human rights norms as universal, nor does it accept the concept of human rights recognized in the UN Charter and numerous UN human rights conventions. Although China has signed on to several UN human rights conventions, China continues to view human rights as an internal matter governed by domestic law. Hence, it is safe to say that China does not have a human rights policy. Although China does not deny outright the existence of international human rights law, it simply does think it should be legally bound by it or subject its treatment of individuals within its jurisdiction to international scrutiny. For the Chinese government, individuals are not considered subjects of international law, with rights that are derived from natural law and equal to state sovereignty. 67 China places greater emphasis on economic, social, and cultural rights over civil and political rights. China does not think it should be lectured on human rights when the US and EU engage in gross violations of human rights without consequences. China cites the history of discrimination against African Americans in the US, and the EU’s mistreatment of foreigners, migrants, and ethnic minorities as examples of a double standard by both the US and EU. China also cites European colonialism and its legacy of economic underdevelopment and poverty as continuing human rights violations. China is quick to retaliate against countries that criticize its human rights practices. Chinese authorities engage in widespread and systematic practices of arbitrary arrest and detention without charge or trial, forced disappearance, extrajudicial killings, and indefinite detention. 68 China executes more prisoners than all other countries combined. 69 China uses its national security law to retaliate against citizens or foreign nationals whose governments criticize the communist regime, support dissent groups in China, or speak out against China’s effort to silence opposition outside the country. China has incarcerated both Chinese and foreign journalists for reporting negatively on China’s domestic policies. China detained and charged an Australian journalist working for Chinese television with espionage and has not allowed Australian consular officials to visit her in prison. 70 China was retaliating against Australia for calling for an independent investigation into China’s role in the Covid-19 pandemic. China also expelled several American journalists in retaliation for the US expulsion of Chinese journalists working for CTV, which the US said was a Chinese propaganda machine. 71 China subsequently expelled the staff of the BBC Chinese bureau from Beijing. There is no press freedom in China. All media outlets must comply with the Chinese censorship policy or risk being shut down. China recently removed Caixin from its approved media outlet, which technically meant the news outlet could no longer operate in China. 67 US Department of State Report, China’s Disregard for Human Rights , at https://2017-2021.state.gov/chinas disregard-for-human-rights/index.html. 68 WINTOUR, P. UK and US Warn Travellers of Risk of Arbitrary Arrests in China and Hong Kong , at http://www. theguardian.com/uk-news/2020/sep/15/us-and-uk-update-travel-advice-to-china-and-hong-kong. 69 Amnesty International, Death Penalty in 2020: Facts and Figures , at https://www.amnesty.org/en/latest/ news/2021/04/death-penalty-in-2020-facts-and-figures/; BILLING, S. China and the (Ab)Use of the Death Penalty, at https/://www.humanrightsimpulse.com/mastercontentblog/china-and-the-abuse-of-the-death-penalty (May 24, 2021). 70 BUCKLEY, Ch. China Arrests Australian Journalist on Spying Charge, at https://www.nytimes.com/world/asia/ china-cheng-lei-australia-state-secrets.html. 71 TRACY, M., WONG, E., JAKES, L. China Announces it will Expel American Journalists, http://www.nytimes. com/2020/03/17/business/media/china-expels-journalists.html.

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