CPC Central Committee proposes changes to the constitution

In preparation for the two sessions of parliament, the CPC Central Committee met to discuss – among other things – changes to the constitution. It is useful to see these in the wider context, since some international commentators have been making a bit of noise about the removal of term limits to the presidency. As you will see, what the document actually suggests is that the terms for president and vice-president be the same as delegates for the National People’s Congress.

And it turns out that Xi Jinping Thought (in full: Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era), meshes rather well with my project on ‘Socialism in Power‘. Xi Jinping Thought has already been written into the constitution of the CPC, fostered more than 100 university research centres and entered into the school curriculum.

Here is the full list of proposals from the Central Committee, made public the other day:

The proposal, raised to the Standing Committee of the National People’s Congress (NPC), was made in accordance with the new situation and practice of upholding and developing socialism with Chinese characteristics in the new era.

— New thought

The CPC Central Committee proposed writing Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era into the country’s fundamental law. The Scientific Outlook on Development was also proposed to be included.

According to the proposal, under the leadership of the CPC and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, the Chinese people of all ethnic groups will continue to adhere to the people’s democratic dictatorship and the socialist road, persevere in reform and opening to the outside world, steadily improve socialist institutions, develop the socialist market economy, develop socialist democracy, improve the socialist rule of law, apply a new vision of development and work hard and self-reliantly to modernize the country’s industry, agriculture, national defence and science and technology step by step and promote the coordinated development of the material, political, cultural and ethical, social and ecological advancement, to turn China into a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious, and beautiful and realize national rejuvenation.

— United front

The CPC Central Committee proposed including patriots devoted to national rejuvenation as part of the patriotic united front in the Constitution.

According to the proposal, in the long years of revolution, construction and reform, there has been formed under the leadership of the CPC a broad patriotic united front which is composed of the democratic parties and people’s organizations, and which embraces all socialist working people, all builders of socialism, all patriots who support socialism, and all patriots who stand for the reunification of the motherland and devote themselves to national rejuvenation. This united front will continue to be consolidated and developed.

— Harmonious relations among all ethnic groups

Harmonious socialist relations among ethnic groups were proposed to be written into the Constitution.

Socialist relations of equality, unity, mutual assistance and harmony have been established among the ethnic groups and will continue to be strengthened, according to a proposed revision to the preamble.

The State protects the lawful rights and interests of the ethnic minority groups and upholds and develops a relationship of equality, unity, mutual assistance and harmony among all of China’s ethnic groups, according to a proposed revision to a clause of Article 4.

— Community with shared future for humanity

The CPC Central Committee proposed writing building “a community with a shared future for humanity” into the Constitution.

The expression that China will “adhere to the peaceful development path and the mutually beneficial strategy of opening-up” should be added to the preamble, read the proposal.

China’s achievements in revolution, construction and reform are inseparable from the support of the people of the world. The future of China is closely linked to the future of the world, according to the proposal.

The proposal read that China consistently carries out an independent foreign policy, adheres to the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other’s internal affairs, equality and mutual benefit, peaceful coexistence, adheres to the peaceful development path and the mutually beneficial strategy of opening-up in developing diplomatic relations and economic and cultural exchanges with other countries, and works to build a community with a shared future for humanity. China consistently opposes imperialism, hegemonism and colonialism, works to strengthen unity with the people of other countries, supports the oppressed nations and the developing countries in their just struggle to win and preserve national independence and develop their national economies, and strives to safeguard world peace and promote the cause of human progress.

— CPC leadership

A sentence stressing the Party’s leadership was proposed to be added into the Constitution.

“The leadership of the Communist Party of China is the defining feature of socialism with Chinese characteristics,” read the proposal.

— Core socialist values

The addition of core socialist values into a clause was also in the proposed package.

The proposal read that the State advocates core socialist values, and the civic virtues of love of the motherland, of the people, of labour, of science and of socialism.

— Oath of allegiance

The CPC Central Committee proposed inclusion of pledging allegiance to the Constitution into the fundamental law.

All state functionaries shall take a public oath of allegiance to the Constitution when assuming office, read the proposal.

— Chinese President and Vice-President

The CPC Central Committee proposed revising the clause “The term of office of the President and Vice-President of the People’s Republic of China is the same as that of the National People’s Congress, and they shall serve no more than two consecutive terms” to “The term of office of the President and Vice-President of the People’s Republic of China is the same as that of the National People’s Congress.”

— New cabinet function

The CPC Central Committee proposed to list ecological advancement as a new function and power of the State Council, or cabinet.

Apart from economic affairs and urban and rural development, the State Council also has the function and power of directing and administering ecological advancement, according to a proposed change to a clause under Article 89.

— More cities with legislative power

Chinese cities, with subordinate districts, would be granted the power to make local laws and regulations under the proposed constitutional amendment.

The people’s congresses and their standing committees of these cities would be able to adopt local laws and regulations under the condition that they do not contradict the Constitution, national laws and regulations, and provincial laws and regulations, according to the proposal.

The local laws and regulations would take effect after being approved by the standing committees of provincial-level people’s congresses.

— Supervisory commissions

The CPC Central Committee proposed listing the supervisory commissions as a new type of state organs in the Constitution.

According to the proposal, supervisory organs will be listed together with administrative, judicial and procuratorial organs of the State, all of which are created by the people’s congresses to which they are responsible and by which they are supervised.

A new section about supervisory commissions is proposed to be added to the third chapter titled “The Structure of the State” in the Constitution.

The country sets up the national and local supervisory commissions, according to the document.

A supervisory commission will consist of one director, several deputy directors and a number of members. The director will serve the same term as that of the people’s congress of the same level.

The director of the national supervisory commission shall serve no more than two consecutive terms.

The organization, functions and powers of supervisory commissions are prescribed by law.

As the supreme supervisory organ, the national supervisory commission will oversee local commissions and answer to the NPC and its standing committee.

The supervisory commissions at higher levels will lead the commissions at lower levels.

Local supervisory commissions at various levels will be responsible to the state power organs that created them and to the supervisory commission at the next level up.

The supervisory commissions will independently exercise their power of supervision and not be subject to interference by any administrative organ, public organization or individual, said the proposal.

It also asked the supervisory organs to coordinate with judicial organs, procuratorial organs and law enforcement departments, and check each other in handling duty-related offenses.

The NPC will be given the power to elect and remove the director of the national supervisory commission, while the NPC Standing Committee shall supervise the national supervisory commission and appoint or remove deputy directors and members of the commission at the recommendation of its director.

Local people’s congresses at and above county level will elect and have the power to remove the directors of the supervisory commissions at the corresponding level, while their standing committees shall supervise the supervisory commissions at the corresponding level.

Members of the standing committees of the NPC and local peoples’ congresses at and above county level shall not hold office in supervisory organs.

In addition, supervision will no longer be a duty for the State Council and local governments at and above county level, according to the proposal.

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Beijing Declaration on Human Rights

It appears there is no resting for the post-19th Congress CPC. First there was a forum to examine new modes of cooperation between the CPC and other world political parties (here and here), and yesterday the first forum on South-South Human Rights concluded. With over 300 delegates from 70 countries, it was a major event. And it has produced a major statement on human rights (copied below). A news report on the closing of the forum and its achievements can be found here.

Note especially the focus on universal and particular dimensions, collective and individual, sovereignty and that the ‘right to subsistence and the right to development are the primary basic human rights’. These points come straight out of the Chinese Marxist approach to human rights, which I have discussed earlier. But they are also clearly the concerns of many countries in the developing world.

Beijing Declaration on Human Rights

(Copied from Xinhua News)

From December 7 to December 8 of 2017, the first “South-South Human Rights Forum” was held in Beijing. Chinese President Xi Jinping sent a congratulatory letter. Mr. Huang Kunming, Member of the Political Bureau and the Secretariat of the CPC Central Committee, Minister of the Publicity Department of the CPC Central Committee, attended the opening ceremony of the forum and read President Xi Jinping’s congratulatory letter and delivered a speech. Foreign Minister Wang Yi also attended the opening ceremony and delivered a speech. The forum is jointly sponsored by the Information Office of the State Council of the People’s Republic of China and the Ministry of Foreign Affairs of the People’s Republic of China, and is attended by more than 300 representatives from over 70 countries and international organizations in the world. The representatives actively participated in discussions on the development of human rights in the developing countries and the world.

The participants believed that the congratulatory letter addressed to the forum by President Xi Jinping pursues the value of putting the people first and the development thought centered on the people, insisting on the unity of universality and particularity of human rights, emphasizing cooperation for development, promoting human rights through development, and calling for joint development of a community of shared future for human beings, which would play an important leading role in the development of human rights in the developing countries and the world at large.

The participants stressed that President Xi Jinping’s proposal to build a community of shared future for human beings is a major concept which conforms to the trend of the times, fits the requirements of development, and reflects the pursuit of a new human social value. It has pointed out the direction for solving global problems, including human rights governance, and is a major ideological contribution made by China to promote the development and progress of human society.

The participants pointed out that in today’s world, the population of developing countries accounts for more than 80 percent of world population, and the development of the global human rights is inseparable from the joint efforts of the vast numbers of developing countries. Over the years, the human rights situations in the developing countries have been continuously improved, which has made a major contribution to the promotion and development of human rights in the world. However, due to the constraints and impacts of various factors, there are still many problems in improving the human rights protection of developing countries. Therefore, it is necessary for developing countries and the international community to keep on making their unremitting efforts.

It is noted that China develops human rights based on national conditions, with the right to subsistence and the right to development as the primary basic human rights. China adheres to a comprehensive and evolving view of human rights, making not only great achievements in the development of its own human rights cause but also significant contributions to the development of human rights in the world, offering China’s experience.

Around the topic “Building A Community of Shared Future for Human Beings: New Opportunities for South-South Human Rights Development,” participants had in-depth reflection and discussions and they jointly declared the following articles:

Article 1

In order to ensure universal acceptance and observance of human rights, the realization of human rights must take into account regional and national contexts, and political, economic, social, cultural, historical and religious backgrounds. The cause of human rights must and can only be advanced in accordance with the national conditions and the needs of the peoples. Each State should adhere to the principle of combining the universality and specificity of human rights and choose a human rights development path or guarantee model that suits its specific conditions. States and the international community have a responsibility to create the necessary conditions for the realization of human rights, including the maintenance of peace, security and stability, the promotion of economic and social development and the removal of obstacles to the realization of human rights.

Article 2

Human rights are an integral part of all civilizations, and all civilizations should be recognized as equal and should be respected. Values and ethics of different cultural backgrounds should be cherished and respected, and mutual tolerance, exchange and reference should be honored. All governments and peoples should work together to build a community of shared future for human beings based on the principles of mutual benefit and sharing, build a world of lasting peace, universal security, common prosperity, openness, tolerance and cleanness, so that humanity is free from fear, from poverty, from disease, from discrimination and from isolation. The community of shared future for human beings represents the yearning of peoples of the world for peace, development and prosperity.

Article 3

The right to subsistence and the right to development are the primary basic human rights. The main body of the right to development is the people. In order to maximize the overall interests of mankind, it is necessary to uphold the unity of the right to development at individual level and the right to development at collective level, so that all peoples have equal opportunities for development and fully realize the right to development. Developing countries should pay special attention to safeguarding the people’s right to subsistence and right to development, especially to achieve a decent standard of living, adequate food, clothing, and clean drinking water, the right to housing, the right to security, work, education, and the right to health and social security. The international community should take the eradication of poverty and hunger as the primary task, and strive to solve the problem of insufficient and unsustainable development and create more favorable conditions for the realization of the people’s right to development especially in the developing countries.

Article 4

All human beings are born free and equal in dignity and rights. Human dignity is not only related to human freedom, but also decisive to the all-round development of human beings. Human rights are the unity of individual rights and collective rights. The right to subsistence and the right to development, the right to peace, and the right to the environment are both important collective human rights and the prerequisite and basis for the realization of individual human rights. All human rights are indivisible and interdependent. The acquisition of civil and political rights is inseparable from the simultaneous acquisition of economic, social and cultural rights, which are equally important and interrelated.

Article 5

Human rights are inalienable, and all countries should make efforts to promote the legal guarantee of human rights. Restrictions on the exercise of human rights must be determined by law, and only for the protection of the human rights and fundamental freedoms of other members of society (including freedom from religious desecration, racism and discrimination) and meet the legitimate needs of national security, public order, public health, public safety, public morals and the general welfare of the people. Everyone is responsible to all others and to society, and the enjoyment of human rights and fundamental freedoms must be balanced with the fulfillment of corresponding responsibilities.

Article 6

States should, in accordance with their national laws and international obligations, focus on guaranteeing the human rights and fundamental freedoms of specific groups, including ethnic, national, racial, religious and linguistic groups and migrant workers, people with disabilities, indigenous people, refugees and displaced persons. States have an obligation to respect and protect religious minorities, and religious minorities have the same obligation to adapt to their local environment, and this includes the acceptance and observance of the Constitution and laws of their localities, as well as their integration into the local society. Everyone has the right to choose his or her own beliefs, including the choice of believing or not believing a religion, and the choice of believing one religion or another, without being discriminated.

Article 7

South-South cooperation is an important way to promote development and human rights progress in developing countries. The South-South countries should adhere to the spirit of solidarity, sharing of responsibilities and obligations, mutual help and win-win cooperation, and insist on promoting cooperation with unity, advancing development through cooperation, and promoting human rights through development, making efforts to achieve more adequate human rights protection. The international community should, in line with the principles of balance, inclusiveness and sustainability, actively support better development of developing countries and constantly improve the protection of human rights in those countries.

Article 8

The international community’s concern for human rights matters should always follow the international law and the universally recognized basic norms governing international relations, of which the key is to respect national sovereignty, territorial integrity and non-interference in the internal affairs of states. All countries should adhere to the principle of sovereign equality, and all countries, big or small, have the right to determine their political systems, control and freely use their own resources, and independently pursue their own economic, social and cultural development. The politicization, selectivity and double standards on the issue of human rights and the abuse of military, economic or other means to interfere in other countries’ affairs run counter to the purpose and spirit of human rights. The relevant actions of the international community to protect human rights must be in strict compliance with the relevant provisions of the Charter of the United Nations and should respect the views of the concerned states and regional organizations.

Article 9

The realization of human rights is never-ending and the development of human rights is always ongoing. In terms of human rights protection, there is no best way, only the better one. The satisfaction of the people is the ultimate criterion to test the rationality of human rights and the way to guarantee them. It is the responsibility of governments to continuously raise the level of human rights protection in accordance with the demands of their peoples. The international community should promote human rights cooperation through dialogue and exchange, mutual learning and mutual understanding and consensus-building on the basis of equality and mutual respect.

Roll up your sleeves and get to work

I am working my way through Xi Jinping’s The Governance of China, enjoying especially a piece from 2013 called ‘Hard Work Makes Dreams Come True’. One of a number of statements on the Chinese Dream (which designates the xiaokang society), it addresses workers as the backbone of the party and the country. Here we find many good old communist themes – as with the book as a whole – such as the role of the working class, model workers and so forth.

The theme of hard work continues today in Xi Jinping’s statements, most recently in his new year’s address for 2017, where he called on all to ‘roll up your sleeves and get to work’ – sparking lines in pop songs, memes and images.