Tuesday, February 15, 2011

Sovereignty, Human Rights, And China's [PRC] National Interest: A Non-Zero Sum Game

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SOVEREIGNTY, HUMAN RIGHTS AND CHINA'S NATIONAL INTEREST:

A NON-ZERO SUM GAME

by Chen-shen J. Yen



February 14, 2011



Chen-shen J. Yen is the Director of the Institute of

International Relations at National Chengchi University,

Taipei. He is currently working on a manuscript for cross-

strait relations based on the ideas of concurrent majority

and nullification originated in the writing of John C.

Calhoun.



This article is part of a collection of essays assessing

issues in U.S.-China relations in the aftermath of the

January 2011 Obama-Hu summit. The full collection of essays

is available at:

http://www.fpri.org/research/asia/pubs/Obama-Hu.Summit2011.html



This bulletin is available on the web and in pdf format at:

http://www.fpri.org/enotes/201102.yen.china.html



SOVEREIGNTY, HUMAN RIGHTS AND CHINA'S NATIONAL INTEREST:



A NON-ZERO SUM GAME



by Chen-shen J. Yen



Zhuquan (sovereignty) or Renquan (human rights)? That seems

to be the question Chinese President Hu Jintao encountered

in his state visit to the United States in January 2011. In

terms of at least one of China's claimed core national

interests-Taiwan-the issue would be better framed as

sovereignty and human rights. Like the unresolved issue of

sovereignty over Taiwan (and other sovereignty issues,

including Tibet), human rights in the mainland is, in

China's view, part of its "core interests." Beijing

considers any statements or actions on these issues that are

contrary to its position to be violations of China's

sovereignty. This reflects a zero-sum conception of China's

national interests that ill serves China's agenda in cross-

strait relations, and more generally.



Mere weeks before the Washington summit, China was put in an

unfavorable international spotlight on the issue of human

rights when jailed dissident Liu Xiaobo was absent from the

ceremony to award him the Nobel Peace Prize. Liu's empty

chair symbolized the lack of human rights and the

continuation of tight political control in China despite the

enormous progress made in economic development during the

last thirty years.



The fact that U.S. President Barack Obama, himself the Nobel

Peace Prize Laureate of 2010, was to receive the foreign

leader who was responsible for Liu's arrest and subsequent

imprisonment was ironic and sharpened the focus on China's

human rights conditions. Observers of U.S.-China relations

wondered whether Obama would raise the question with Hu and

personally call for Liu's release. Obama's earlier reception

of the Dalai Lama was another underlying source of tension

between the two countries over human rights. More broadly,

China's lack of freedom of speech, freedom of the press,

freedom of assembly and freedom of religion have all been a

target of American condemnation and, in turn, bilateral

friction over the years.



Hu's state visit also showed China's unwavering stance on

the issue of sovereignty that has been a perennial point of

disagreement and source of tension in bilateral relations.

In the Joint Statement issued by Obama and Hu at the

Washington summit, China declared that the "Taiwan issue

concerns China's sovereignty and territorial integrity" and

that China expected the United States to adhere to the

bedrock foundations of Sino-American relations in the past

three decades: the One China policy and the Three Joint

Communiques. The United States, not wanting to imply that it

completely accepted China's position, indicated that it

"supports the peaceful development of relations across the

Taiwan Strait and looks forward to efforts by both sides to

increase dialogues and interactions in economic, political,

and other fields, and to develop more positive and stable

cross-Strait relations."[1] The item missing from the usual

list of U.S. positions on the issue was Washington's

commitment to the Taiwan Relations Act, which Obama

reiterated at the two presidents' joint press conference.[2]



As the Obama-Hu summit also reconfirmed, China sees human

rights through much the same lens of "sovereignty" that it

views the question of Taiwan. In the Joint Statement, we

find both Washington and Beijing expressing their shared

commitment to the "protection and promotion of human rights"

despite their acknowledged differences on the issue. China

insisted, however, on the central importance of sovereignty:

"there should be no interference in any country's internal

affairs" and both nations have the right to "choose their

own paths" on human rights.[3]



China, thus, views outside efforts to promote and protect

human rights in China as a Western scheme to destabilize

China and thwart its peaceful rise and thus to weaken or

infringe China's sovereignty. This view is misguided.

Promotion of human rights in China is actually positive for

the most sensitive aspect of sovereignty for China, the

prospect of unification across the Taiwan Strait. In other

words, zhuquan and renquan-sovereignty and human rights-are

potentially part of a positive sum game for what Beijing

identifies as its core national interests.



Understanding this non-zero-sum game also helps explain a

seeming paradox in the impact of Beijing's cross-strait

policy under Hu and since Ma Ying-jeou became president in

Taiwan. Why have China's policy changes and the improvements

in cross-strait relations done so little for Beijing's

agenda on sovereignty over Taiwan?



China's rise in the last three decades and its insistence on

peaceful development have promoted the country's move toward

becoming a responsible stakeholder in the international

community and even a superpower. Although Beijing has not

relinquished its claimed right to use force to unify Taiwan,

its current stance basically rules out such an option if

Taiwan does not move from de facto to de jure independence.

Based on the heping tongyi, yiguo liangzhi ("peaceful

unification and one country, two systems") formula,

introduced in early 1980s, China accepts that the best

scenario for China is to have Taiwan unify with the

motherland via peaceful means.



Beijing can adopt this approach because it knows Taiwan's

options for its relations with China are quite limited. If

Taiwan chose to declare independence, it not only would risk

a military attack from across the Taiwan Strait. It also

would not receive essential international support,

especially from the United States. It is clear that

Washington would consider such a move a unilateral change of

status quo and would not condone it.



If Taiwan chose the lesser option of brinksmanship-taking

provocative actions to antagonize China without officially

proclaiming an independent Republic of Taiwan, the U.S. and

the international community would consider Taiwan a trouble

maker. Taiwan would risk international isolation

diplomatically, polarization politically, reinforcement of

cleavages socially and loss of foreign market access and

investment opportunity economically.



Taiwan has foregone these options in favor of the more

conciliatory approach towards China that President Ma has

been pursuing since he came to power in 2008. This has

prevented further diplomatic setbacks for Taiwan and allowed

greater economic integration across the strait, but it has

failed to eliminate political polarization and reduce social

cleavages in Taiwan. This approach, despite its limitations,

seems to be the most sensible option by far and has the

potential to produce a win-win-win scenario for Taipei,

Beijing and Washington.



The trend in the first two and half years of the Ma

administration has been positive. Talks between Strait

Exchange Foundation (SEF) of Taiwan and the mainland's

Association for Relations across the Taiwan Straits (ARATS)

in 2008 resumed after a more-than-a-decade-hiatus in formal

negotiations. The two sides signed fifteen agreements,

including the Economic Cooperation Framework Agreement

(ECFA), which was specifically identified and "applauded" by

the United States in the Joint Statement at the Obama-Hu

Washington summit. ECFA is, and should be, considered a

giant leap forward for cross-strait relations, especially

from Beijing's perspective. ECFA and other developments

affirm that Taiwan is no longer seeking independence and is

not engaging in brinksmanship.



For its part, Beijing has acquiesced in the policy of "three

nos" (butong, budu, buwu or "no unification, no

independence, no war") that Ma set forth in his inaugural

address in May 2008. When Ma's then-newly-installed

Kuomintang-led government announced its desire to establish

direct air links across Taiwan Strait, Beijing allowed ARATS

and SEF to resume talks and negotiate for the links to be

opened on Taipei's announced schedule.



When Ma unilaterally declared a "diplomatic truce" (under

which Beijing and Taipei would not compete for diplomatic

ties with other states) in support of greater international

space for Taiwan, the Beijing government turned down

attempts by several Latin American countries (including

Paraguay, Nicaragua, Panama and Guatemala) to switch

diplomatic recognition from Taipei to Beijing. Beijing also

showed diplomatic flexibility in accepting former Vice

President of the Republic of China Lien Chan's participation

in an Asia Pacific Economic Cooperation (APEC) summit. In

addition, Beijing did not stand in the way when Taiwan

(under the name Chinese Taipei) sought and received observer

status in the World Health Assembly (WHA) meetings.



Most important of all, with the signing of ECFA, China has

granted more tariff free entry for Taiwan exports that

Taiwan has granted to mainland exports-an arrangement

designed to protect Taiwan's farmers. This policy of rangli

(yielding benefits), announced by Chinese Premier Wen

Jiabao, became a prevalent theme throughout the negotiation.

The term may also be used to describe the spirit of

rapprochement between the Chinese Communist Party and Ma's

Kuomintang and between the mainland and Taiwan since Ma took

office.



Indeed, the Republic of China has maintained the same number

of diplomatic allies (twenty-three) since March 2008,

arresting what could have been an acceleration of a long-

term decline absent the diplomatic truce. The upgrading of

Taiwan's APEC special envoy and the acquisition of an

observer role in the WHA would not have been possible during

the rule of former President Chen Shui-bian from the pro-

independence Democratic Progressive Party (DPP). Taiwan's

quick rebound from the financial crisis of 2008-2010 might

not have been possible without the deepening of integration

with the strong and rising mainland economy-something that

the general improvement in cross-strait relations

facilitated.



Yet, after more than 30 months of improved ties and a more

relaxed atmosphere across the strait, including more than

300 direct flights weekly, over one million Chinese tourists

visiting Taiwan and the continuation of long-building

increases in trade and investment, the percentage of people

in Taiwan who consider themselves Chinese and

Chinese/Taiwanese has declined from over 15 percent to less

than 10 percent since Ma took power.[4] The support for

"national unification" is also stagnating, with total

preference for immediate unification and status quo now,

unification later hovering around 10 percent.[5]



Why, with all the apparent progress in cross-strait

rapprochement, is there no change in Taiwan's identity and

preference for unification? The question is surely puzzling

for leaders in Beijing who see themselves as having

accommodated most of Taiwan's demands and requests for two

and a half years. The answer is easy and has to do with

human rights and the mainland's troubled assessment of the

relationship between human rights and sovereignty.



Beijing's approach to human rights undermines its agenda on

sovereignty over Taiwan. The different political systems on

the two sides of the strait and the absence of basic values

of human rights and democracy on the mainland are key

factors that have dissuaded Taiwanese people from

considering political integration in the future to be

acceptable, even though they do not object to economic

integration.



Beijing's reaction has not been helpful to its own aims. The

weak support for unification in Taiwan has made Chinese

leaders even more suspicious of Taiwan's true intention in

pursuing the relaxation of relations across the strait,

which some on the mainland see as merely an effort to buy

time to stall the unification process. Thus, even with

improvement of cross-strait ties, Beijing has continued to

follow its old practice of protesting vehemently every one

of Taipei's weapons procurements from the United States., in

the most recent case suspending military to military

exchanges with the United States and other aspects of

bilateral strategic dialogue. Such Chinese reactions are not

well-received in Taiwan. The DPP-led Pan Green worries that,

lacking the ability to fight, Taiwan will face forced

incorporation into China. The KMT-led Pan Blue sees arms

procurement as necessary for maintaining confidence among

the Taiwan populace to continue cross-strait dialogue

without fear that it will accelerate into a coerced

settlement of sovereignty issues. Beijing's harsh line on

arms sales suggests Beijing may not fully recognize that,

even though mainland/Chinese identity is still very low and

support for unification remains unenthusiastic in Taiwan, it

is likely in Beijing's interests to see Ma's government

remain in power. A Pan Blue government is at least willing

to provide China an opportunity to win back the island while

a Pan Green government would not. Beijing's seemingly still-

lacking understanding of Taiwan's political dynamics and

social fabric increase the risk that Beijing's stance on

arms sales and other cross-strait-related issues can start

what are, from Beijing's perspective, vicious cycles in

Taiwan's domestic politics.



What, then, should the mainland authorities do? They should

more fully recognize the universality of human rights and

take steps toward adopting a more human rights-protecting

and democratic system on the mainland. Beijing should

recognize that protection and promotion of human rights in

the mainland would help improve China's standing among the

Taiwanese people and thus advance Beijing's goal of national

unification. Even if China became as prosperous as Taiwan

and evolved into a democratic system that respects basic

human rights, this still would not guarantee the necessary

increase of support for unification in Taiwan. But if

Beijing continues to insist on maintaining authoritarian

rule and claiming the legitimacy of its different human

rights standards, the likelihood of peaceful unification

(and protection of what Beijing considers its core interest

in sovereignty) is unlikely to increase.



The Chinese leadership needs to recognize that criticism

from the United States, other Western nations, Taiwan and

elsewhere is not the assault on Chinese sovereignty that

such sources' recognition or assertion of Taiwan's status as

a separate state or their unqualified rejection of China's

claim to sovereignty over the island would be. The

Washington summit showed both the potential of, and the

persisting limits to, such an approach from Beijing. Hu

Jintao, in responding to a question at the two presidents'

joint press conference, proclaimed that China "recognizes

and also respects the "universality of human rights" and

indicated that China will continue its "efforts to promote

democracy and the rule of law" in China. But Hu also

maintained there is a "need to take into account the

different and national circumstances when it comes to the

universal value of human rights."[6] While this

acknowledgement of the universality of human rights,

democracy and the rule of law is still to be applauded, its

seriousness is open to doubt (as a reporter's follow-up

question at the press conference illustrated) and the

qualifying language that Hu added gives reason for

skepticism. It is still regrettably far from clear that

China's leaders understand that it is in China's national

interest to do more to embrace the human rights values urged

by Western critics and that doing so also serves China's

identified core national interest in peaceful unification

with Taiwan. Hu and his successors should understand that

pursuing zhuquan (sovereignty) in human rights and in

territorial integrity and promoting renquan (human rights)

need not be a non-zero sum game after all.



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Notes

[1] See U.S.-China Joint Statement, January 19, 2011 at

http://www.whitehouse.gov/the-press-office/2011/01/19/us-china-joint-statement.



[2] See Press Conference with President Obama and President

Hu of the People's Republic of China, January 19, 2011 at

http://www.whitehouse.gov/the-press-office/2011/01/19/press-conference-president-obama-and-president-hu-peoples-republic-china.



[3] See Joint Statement, ibid.



[4] Minzhong dui zhiwo rentong de kanfa (View of People on

Self-Identity), in Niandu zonghe fenxi baogao (Annual

Analysis of Composite Report), see years 2008 and 2009, at

http://www.mac.gov.tw/public/Attachment/973944270.pdf and

http://www.mac.gov.tw/public/Attachment/012517312648.pdf



[5] Zhonghua minguo Taiwan diqu minzhong dui liang'an guanxi

de kanfa (View of People in Taiwan Area, the Republic of

China, on Cross-Strait Relations), at

http://www.mac.gov.tw/public/Attachment/11718424319.pdf



[6] See Press Conference with President Obama and President

Hu of the People's Republic of China, January 19, 2011 at

http://www.whitehouse.gov/the-press-office/2011/01/19/press-conference-president-obama-and-president-hu-peoples-republic-china.



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