Neoliberal Civilization, the War on Terrorism, and the Case of China Tina Chen and David Churchill Fellow, International Center for Advanced Studies, New York University Assistant Professor of History, University of Manitoba In the aftermath of September 11th commentators, journalists and scholars were quick to opine that the world had changed, that the world had entered a new historical moment and that our lives would never be the same. The material and symbolic evidence of this new order was the burning collapse of the twin towers of the World Trade Center, icons of the hegemony of American capital and the globalization of that capital. But what are the contours of this new historical time? What is the vision of civilization that the United States and its Western allies are advancing in the months that have followed the WTC and Pentagon attacks? And what is the role of human rights in this vision? Because the prosecution of the War on Terrorism is being conducted on numerous fronts and through a variety of means, we argue that the current vision of civilization cannot be understood outside the context of new legislation in the U.S. and other western countries that dramatically curtails civil liberties and against the backdrop of the evolving neoliberal economic order. As we see it, this legislation is not an aberration of liberal polity but rather the domination and privileging of liberal economics over liberal rights and individual freedoms, a privileging that is critical to neoliberal political order. In the days before September 11th and in the week that followed another event of material and symbolic importance was taking place. This was the final negotiation for the entry of the People’s Republic of China to the World Trade Organization, ultimately ratified in Qatar during November of 2001. The symbolism of the WTO meetings being held in Qatar, a country that does not allow freedom of assembly or political demonstration, as well as the accession of China to the WTO is profound. For decades neoliberals have argued that the twin pillars of the so-called open society are expansive individual rights and freedoms as well as unrestricted free markets.1 Over the past two decades China challenged this framework as it asserted its place among the world’s economic and political powers. As the very model for the disarticulation of political reform from economic reform, a nation eager to take part in the global market place but unwilling to adhere to the international system of human rights and the standards of democratic reform, China’s entry into the WTO illustrates that open markets do not mean open societies.2 Nor does the world require adherence to the principles of an open society as long as there is secure and orderly access to the world’s potentially largest market. These contradictions between principles and practice combine with the specific events of September 11th to create present-day conditions under which civil liberties are curtailed and dissident opinions silenced in order to shore up specific visions of civilization. Through examination of neoliberalism in the United States and China, we draw attention to the ways in which market, society, and state interact with a human rights system to relegate human rights to a secondary position when threats to neoliberal hegemony appear. We call attention to this dynamic because the substitution of elite interests for universal human rights is characteristic of the neoliberal order and sits at the basis of neoliberal rights norms. It is also the larger framework for current debates concerning rights versus security that have arisen in conjunction with the War on Terrorism. Rather than asking how and to what extent China participates in the human 2 rights regime, we foreground the relationship between neoliberalism as a central component of the contemporary world and human rights. 3 Moving away from debates concerning China as ‘taker’ or ‘shaper’ of human rights as well as debates pitting security against rights in the post-September 11 period,4 we highlight the tenuous relationship between neoliberalism and human rights in both liberal democratic societies and authoritarian states. As such this article is a call for historically informed assessment of the convergence of specific formulations of stability, security, and rights within differently located but nonetheless intimately connected neoliberal regimes. Specifically, we agree with Paul Bové that beginning with the Clinton administration the ideology of human rights became a tool of U.S. neoliberal economic dominance and produced neoliberal rights norms.5 This then begs the question, what are neoliberal rights norms? And how have these norms, rather than universal human rights, become central to the current vision of ‘civilization’ promoted by George W. Bush? Neoliberalism and its History How has this neoliberal hegemony taken shape and imposed itself so powerfully on the modern world? From whence did it come and through what political and cultural mechanisms did it take hold? Though neoliberalism has been a global phenomenon, it has been disproportionately advanced and promoted by Western governments, corporations and agencies through a constellation of Eurocentric cultural forms and practices.6 This current neoliberal moment is characterized by the asymmetrical processes of American modernity. By American Modernity we mean the instrumental operation of modern American capital, technology, media and military power, as well as the ever-increasing imposition of neoliberal economic order by international organizations such as the WTO, 3 International Monetary Fund (IMF), the Multilateral Agreement on Investment (MAI) and the World Bank. Globalization may be a totalizing modern condition that is collapsing time and space, and creating a world of quickening financial and material mobility (though not necessarily the movement of people) but it is also a world in which the United States of America is grossly advantaged, and where U.S. corporate and State power remains ascendant.7 In the United States the term neoliberal has principally been consigned to the halls of the academy and various scholarly journals and is not commonly used within public and popular discourse. What in Europe would be called neoliberal is often termed neoconservative by American commentators, journalists and politicians.8 Liberalism in America, as historian Gary Gerstle has asserted, has a “protean character” a shifting and changing meaning throughout the 20th century.9 Liberalism, the L-word of American politics, has come to represent the reform and regulatory traditions of government. This liberal political paradigm also includes the welfare and state modernization traditions that emerged out of the Progressive Era and found full form in Franklin Roosevelt’s New Deal and Lyndon Johnson’s Great Society. Liberal modernization, augmented by calls for human rights and the right of self-determination in the wake of the Holocaust and in anticolonial independence struggles of the Third World, was an important source for the social movement politics of the 1960s and 1970s. Together these elements sought civil rights, fought against racial and sexual discrimination, and advocated for a variety of causes such as environmentalism.10 In contrast neoliberalism harkens back to classical liberal philosophy of the 19th century that works to limit the sovereignty of government and the state’s role in economic markets. In the post-war decades neoliberalism emerged 4 as the most significant critique of the command economies of the Soviet Block as well the Keynesian planned economies favored by Western democracies.11 Thus neoliberalism sought to restrain state authority and regulation, to minimize government involvement in the economy through a system of civil and property rights, market autonomy, and the freedom to contract. Neoliberalism in the United States was able to tap into the populist anti-taxation tradition, a sentiment bolstered in the late 1970s and 1980s by the erosion of real earnings due to high inflation and the postfordist economic restructuring which saw hundreds of thousand of industrial workers lose their jobs. The so-called Reagan Revolution, matched with its counterpart in the United Kingdom Thatcherism, saw a dramatic decline in state social welfare spending coupled with dramatic cuts in the tax rates for individuals and corporations.12 Privatization, individualization, de-regulation and comprehensive free trade agreement terms were the hallmarks of Reaganomics, ultimately reaching the position of bipartisan political consensus with President Bill Clinton’s declaration that the “era of big government was over” during the 1995 State of the Union Address.13 The prosperity promised by decreased state involvement and increased open markets has since been linked explicitly to the spread of human rights. At the Organization of American States (OAS) Summit of the Americas held in Quebec City in April of 2001 the leaders of North and South American governments, excluding Cuba’s President Fidel Castro, elaborated on the relationship between prosperity and human rights. The leaders’ joint communiqué stated the summit’s goals as: …to renew our commitment to hemispheric integration and national and collective responsibility for improving the economic well-being and security of 5 our people. We have adopted a Plan of Action to strengthen representative democracy, promote good governance and protect human rights and fundamental freedoms. We seek to create greater prosperity and expand economic opportunities while fostering social justice and the realization of human potential.14 This statement reflects the ways in which state leaders presently understand free trade as a prerequisite for human rights. Integration of markets becomes the apriori condition for the development of human rights in such a way that the former becomes the primary focus, with the latter presumed logically to follow. Moreover, the phrasing demonstrates the privileging of economic well-being and security while democracy, good governance, and social justice reflect specifically EuroAmerican models. Finally, as the ‘realization of human potential’ becomes intimately linked to this system of trade endorsed by state leaders, the state occupies not a smaller role in a global martketplace (as the rhetoric of neoliberalism suggests) but a central role. In particular, the right to protect this new order, to stabilize and sustain the economy is buttressed by what Negri and Hardt term the “right to police,” the neoliberal rationale that the use of state power, of force and security is appropriate to preserve private property and maintain the efficacy of the market.15 “Within the discourse of globalization” as sociologist Paul Du Gay observes, “the pursuit of national economic efficiency is the sine qua non of national security and well-being.”16 To disrupt this market is not merely to voice dissent but to challenge the foundations of the modern nation. Similar argumentation regarding the need to delimit criticism of neoliberalism informs Chinese responses to Western criticisms of the lack of political reform and its human implications in China. Thus a central component to understanding 6 human rights in China and internationally is not the extent to which China internalizes Western norms but the championing by both regimes of neoliberal rights at the expense of universal human rights norms. The Case of China The historical relationship between neoliberalism and Chinese modernity provides an alternative site through which to uncover the globally hegemomic tenets of neoliberalism. The China of Deng Xiaoping and Jiang Zemin espouses many of the basic assumptions of neoliberalism, specifically an emphasis on free market ideology and disinterest in the inequalities created by international capital. Similar to the American formulation, Chinese neoliberalism turns away from Keynesian economics (popular in 1980s China) and liberalism à la John Dewey and Harold Laski toward the classical liberalism of F.A. Hayek, Karl Popper, and Thomas Jefferson (to name a few of the liberal thinkers currently being translated into Chinese).17 Wang Hui, intellectual historian and social critic, argues that since 1989 neoliberalism emerged as the dominant discourse in China, undermining the power of alternative positions to be voiced in public debate.18 Others such as Xudong Zhang and Wang Shaoguang date the ascendancy of neoliberalism to 1992 with Deng Xiaoping’s Southern Tour.19 All three, however, agree that 1989 marked a turning point toward a neoliberal approach that, by the early 1990s, dominated official economics of the Chinese state as well as intellectual life. From this perspective, China’s entry into the WTO is only the latest manifestation of a neoliberal ascendancy in China. Within the Chinese context, neoliberalism merges with a developmentalist program for modernization that rejects social-democratic programs as well as 7 experiments of mass mobilization, specifically those associated with the Cultural Revolution Decade, 1966-1976. Xudong Zhang views neoliberal discourse in China as an endorsement of capitalist development and unequal distribution “while morally capitalizing on the discourse’s championship of democracy and freedom.”20 Moreover, Zhang asserts “[t]he socioeconomic and political reality in China today dictates that neoliberalism cannot be anything but an elitist discourse; that its demand for “negative freedom” means not withdrawal of the state from the social sphere, but its political intervention in a different kind of sphere, namely, its selective and preferential protection of the “fittest” in the market economy.”21 From one perspective, it is possible to apply an instrumentalist interpretation of China’s embrace of neoliberalism in the realms of the economy and international relations. Neoliberalism can and has been used to assert the primacy of the Chinese state sovereignty that has informed old-fashioned power politics, while explicitly linking national strength to the post-1978 emphasis on the primacy of capital and an acknowledged secondary concern with human rights and social equality. From another related perspective, Chinese neoliberal intellectuals and their counterparts in the state apparatus participate in the articulation of new rights norms that converge with American neoliberalism. As we consider the extent to which the Chinese modernity of Deng Xiaoping and Jiang Zemin now meets American modernity to consolidate a particular mode of governance, it is necessary to consider briefly the genealogy of ‘chaos’ and ‘stability’ in the People’s Republic of China. It is, after all, in contemporary conceptualizations of these terms that the concomitant war on terrorism and China’s entry into the WTO 8 reinforce a particular world order, a world order that increasingly silences critical voices and alternative modernities In his famous 1957 speech “On the Correct Handling of Contradictions” Mao Zedong reiterated his belief that contradictions were a prime mover of history.22 Mao insisted that conflict was desirable and inevitable as he noted that the struggle between capitalism and socialism had not been resolved by political revolution. Moreover, Mao added to the list of contradictions that between ‘leadership and the led.’ He thereby provided the rationale, later invoked at the outset of the Cultural Revolution, to question the authority of the Leninist party as he advocated a theory of continuous revolution. This theory shaped the latter half of both the 1950s and 1960s with Maoism reproaching the status quo as a breeding ground for new elites, revisionism, and conservative policies. The centrality of revolution and contradiction to this Maoist vision of history currently comes under attack by neoliberals not only for the repressive political culture established during the Cultural Revolution but also because revolutionary, social-democratic, and populist alternatives are threats to neoliberal historical development.23 Because of its counter-revolutionary program, Chinese neoliberalism places great emphasis on stability and security as cornerstones of historical progress. Contrary to the Maoist insistence on political campaigns as essential to ensuring that economic construction proceed along socialist lines, Deng Xiaoping and Jiang Zemin have insisted that the economy must be managed by economic principles.24 By economic principles, Deng and Jiang refer to a shift to private property, profit motive, and rationality.25 Class struggle is anathema to this configuration of economics as it inserts unpredictable forces into the economic equation; the paradigm shift now renders market order and security 9 essential to ‘socialist’ economic construction.26 The removal of class struggle from Chinese politics began with the Third Plenum of the 11thc CCP Central Committee, meeting in December 1978. By rendering class struggle something of the past, the CCP Central Committee prepared the ideological and constitutional grounds for Deng’s “Four Modernizations” and Jiang’s present day insistence on the interdependence of economic development and political stability (rather than Maoist instability).27 While neither Deng nor Jiang has been consistent on whether economic development begets political stability or political stability begets economic development, they do not hesitate to point to the example of the Soviet Union as evidence that rapid political reform is detrimental to both. Moreover, Jiang’s repeated public declarations asserting political stability as the precondition of economic development remind us that Jiang rose to his current leadership position in the CCP as a result of his role in crushing the 1989 student-led demonstrations.28 In their call for the “Fifth Modernization” (democracy) the students embraced rights claims commensurate with the inheritance of political liberalization and the open society. In contrast, Jiang supported the April 26th editorial that invoked the official terms for the Cultural Revolution and labeled student demonstrations “an episode of turmoil” and “chaos.” He thus aligned himself with those who equated political stability with unquestioning support of the Chinese Communist Party. This editorial, coupled with the political writings of Deng Xiaoping and later Jiang Zemin, reconfigured the political landscape. Post-1978 China linked political activism to Maoist practices in order to distance claims for political and civil rights from a newly valorized stability, order, and capitalist economic growth.29 10 Jiang has shown himself adept at creating the very conditions under which neoliberal economics can flourish. He has done this by demonstrating that rights to free speech, association, and human life are ephemeral, disposable and inconvenient when they dare to threaten Party authority, stability and rule. He has not hesitated to employ rhetoric that combines neoliberalism, Party control, and Chinese particularlism. To this end, political, legal, and environmental reforms either serve or take a backseat to economic growth. On the legal front, the present regime is committed to strengthening the rule of law for economic growth as it also understands, above all, law as an instrument of social control. For instance, while substantial legal reform regarding trade has been undertaken in conjunction with GATT and WTO applications, the 1997 amendments to the Criminal Law replaced the crime of counter-revolution with that of ‘endangering state security.’ This revision removed the intention requirement formally necessary in charges of counter-revolution, opening the law to broader application.30 In terms of Party reform, after an intense year of debate within China about Party structure, one of the most fundamental reforms was the announcement on July 1, 2001 allowing private businessmen membership in the Chinese Communist Party (a workers’ party since its creation in 1921). The inclusion of youchan (those with property) in the CCP has not redefined the role of the Party in society but rather formalizes the close relationship between Party authority, private capital, and economic development.31 Jiang Zemin understands developmental authoritianism as the means through which to avoid, in his words, the “socio-political chaos” of Indonesia, the Philippines, and India, brought about in his assessment by the system of one-man, one-vote.32 The system forged under Jiang’s leadership shares with neoliberalism the desire for stable 11 conditions to foster economic growth and recognition of the need for close ties with capital. Despite the associated silencing of voices which caution unrest or agitate for change,33 this promise of political and social order coupled with open markets underpinned China’s accession to the WTO in September 2002.34 Accession to the WTO marked the triumph of post-1989 political conservatism and deepening economic reforms as China’s leadership demonstrated the commensurbility of post-1978 Chinese modernity with international norms centered on neoliberal economics.35 Against this backdrop of the rise of socialist markets, communism with Chinese characteristics, and bureaucratic capitalism, the topic of human rights has also emerged as a component of the post-Maoist political landscape.36 During 1978-1980 and in the late 1980s, public debate on the topic of human rights emerged in China. These debates included: first, the official view that championed the right of self-determination but not “bourgeois human rights”; second, the late 1970s position that civil rights, although still understood within a class framework, need to be fought for in the period of socialism; and, third, in the 1980s the assertion that human rights could transcend class and therefore individual rights were as important as collective economic, social and cultural rights.37 The presence of human rights as a contested issue in post-1978 Chinese domestic and foreign policy appears to lend support to the liberal claim that open markets and rights discourse are twin pillars of modernity. However, if we consider how and when human rights became a central issue it is evident that geopolitical struggles determined the saliency of human rights at specific moments.38 That is, while pressure existed (internally and externally) for reconsideration of the Maoist stance on human rights, substantive reforms or demands for such reform were not forthcoming during the periods 12 of public debate. Western media and academic research discussed Chinese human rights in the late 1970s. The U.S. State Department, however, did not include China in its annual human rights report until 1979, despite American linking of human rights to foreign policy throughout the 1970s and the formal integration of China into the human rights regime with membership in the United Nations in 1971.39 Moreover, human rights did not emerge as a significant issue until 1989, owing as much to the end of the Cold War as to the Tiananmen Square massacre.40 But if 1989 taught us anything about the commitment of neoliberalism to rights, it is that a separation exists between the rhetoric of rights and the practice of economics. Even as the international community condemned the Tiananmen Square massacre, in the 1990s foreign investment in China increased and the Chinese economy flourished.41 Moreover, Beijing and the American business community both opposed efforts to link human rights to trade status in 1993-4, and the combined force led to the delinking of human rights and China’s most-favored-nation trading status by Bill Clinton in May 1994.42 This indicates that the Chinese state’s refusal to engage in human rights discourse on a meaningful level has not proven detrimental to international acceptance.43 Rather, the United States and the international community appear to have been persuaded that the Chinese decision to promote economic development rights over political and civil rights is, as both Deng and Jiang have claimed, the most pragmatic solution.44 International irresolution on China’s human rights violations indicates that some international elites, including Clinton, accepted a presumably temporary trade-off of human rights violations for economic development. Importantly, with the rise of neoliberalism in the post-1989 period this formula appears to have forgotten Chinese human rights scholar Andrew 13 Nathan’s important reminder that “deprivations of freedom of speech and political action, which may be considered necessary to keep political order – more often lead to developmental mistakes than to developmental achievements.”45 Nathan and others invoke the example of the famine of the Great Leap Forward as one of the most appalling examples of the human costs of forced silence.46 Similarly, in the present era the ability to articulate rights talk, to voice dissent amidst massive economic and social changes is crucial to the efficacy of human rights and must not be regarded as a secondary or tertiary stage of neoliberal teleology. The so-called pragmatic approach to human rights, elaborated in Deng Xiaoping’s speeches from 1982-1992, stressed economic development and welfare as prerequisites for other rights. Deng’s position mobilized the language introduced into international human rights by the Maoist insistence on collectivist and state-based norms. During the initial period of UN membership (1971-1978) China asserted that human rights was an issue for the Economic and Social Council, reflecting a division between these rights and political and civil freedoms. Yet when Deng and Jiang call on this they do not invoke a Maoist formulation of rights that is couched in critique of capitalism and individualism; rather they utilize this language to promote economic development and elite freedoms within a global marketplace. Such a position complements a conservative antirevolutionary understanding of political change as it defers political reform to the future. Jiang Zemin’s developmental authoritarianism then derives authority from the combination of a rhetorical privileging of collective needs (albeit understood through neoliberal economic principles) and the power of the Party over individual rights. 14 On one hand, the triumph of collective rights over individual rights is antithetical to the positioning of the individual at the center of the liberal polity. But on the other hand, the deferred and secondary status accorded to political and civil rights in this formulation echoes both neoliberal assumptions regarding open markets as well as the rationale given for the suspension of civil rights in the war on terrorism. First, the teleological conceptualization of progress that links economic rights to the slogan “to get rich is glorious” resonates with neoliberal assumptions that economic development will bring social equality.47 This line of reasoning requires that the inequalities that propel capitalist development be overlooked on the fallacy that all will eventually prosper in this system.48 This is the promise that the Chinese state makes to its citizens in exchange for political loyalty, a promise many are willing to embrace. It is also the promise offered by the U.S. government and its think tanks. Catharin Dalpino, visiting fellow at the Brookings Institution and former US deputy assistant secretary for democracy, human rights, and labour, sees ‘unprecedented personal freedom’ for ordinary Chinese citizens. She attributes this freedom to ‘the effects of the economic reforms introduced in China in the 1979, and more recently to rapid economic growth.”49 But for the hundreds of million of unemployed, the tens of millions of rural dwellers living in poverty, the workers denied unionization, and the large numbers of laid-off workers in the agricultural sector since WTO entry, such claims made about the end of class struggle, international capitalism as a social equalizer, and unprecedented personal freedom seem far removed from their experience of this system.50 For those segments of the population who do not benefit from closer ties between the CCP, national entrepreneurs, and transnational capital, rights appear on the national 15 political radar only when political stability is concerned. In a recent address to the sevenmember Politburo, Jiang Zemin expressed concern that the condition of poor farmers and laid-off workers could spark instability. He stated that “all cadres in leading positions must – from the vantage point of reinforcing the ruling position of the party – do more for the public and help the poor.” Cadres must “promote social and economic development and social stability.”51 The economic rights of the poor, however, entered politburo discussion because of the fear of hordes of disillusioned unemployed contesting Party authority and upsetting a stable market order.52 In other cases in which threats to stability and Party rule cannot be as easily addressed via economic development, rights claims are seen as divisive and therefore outside contemporary national, international, and transnational needs. Those asserting rights in this context are China’s terrorists. In recent years Beijing increased its efforts to control unrest and independence movements in the Xinjiang Uighur Autonomous region.53 The ambitious western development project used the tactic successfully implemented elsewhere of granting economic freedom in exchange for political loyalty. These efforts have failed, however, as the Muslim identity strengthens in the area. As a result Uighurs working against Chinese state repression, forced cultural assimilation, and mass arrests of intellectuals, dissidents, and supporters of self-determination have been labeled ‘terrorists.’ Even as human rights organizations condemn Chinese state practices in Xinjiang, the Chinese state underlines that as terrorists, fundamentalists, and/or extremists these people do not have rights within the desired order. Those labeled terrorists and the attendant chaos they create are dangerous to contemporary Chinese modernity. China has not been alone in making this connection to terrorism: Russia, India, and Israel have made similar 16 statements regarding the conflicts over territorial sovereignty and self-determination in Chechnya, Kashmir, and the Occupied Territories. In the present global war on terrorism aspirants for political independence and geographic autonomy -- who in another era might have been seen as “freedom fighters -- are now clearly seen a part of the larger threat to global order and the operation of American modernity. It is in the present situation that we see the convergence of Chinese and American conceptualizations of world order arranged around ‘axes of evil’ and a defense of ‘civilization.’ September 11th and the War on Terrorism One of the lessons of September 11 is that despite the argument put forward by liberal democrats that protection of human rights has become a mark of the ‘civilized’ world,54 joining the civilized world does not entail acceptance of human rights as an essential component of its new order.55 China’s accession to the WTO and participation in the war on terrorism indicates as much. Economic reforms and free markets were to lead to political reforms and free election but this clearly has not been the case. More specifically, as the war on terrorism proceeds in the “civilized world,” with its denial of basic rights to citizens and prisoners of war, we should reconsider the ways in which China is part of the current “civilization.” In particular, China’s 2002 accession to the WTO less than a week after September 11th gives new meaning to the May 2000 statement at the National Foreign Trade Council by Mike Moore, director-general of the World Trade Organization, that “the WTO provides certainty in an uncertain world.”56 Certainty, stability, order are key concepts in the war on terrorism. The most significant sign of Western democracies move toward a more restrictive and authoritarian form of neoliberalism has been the enactment of legislation that has 17 restricted civil rights and suspended the usual protections of criminal procedure, allowing, for example, the use of military tribunals to try foreign suspects despite the fact that no official state of war exists in this so called war on terrorism. Since the terrorist attacks some 1,200 individuals have been held in custody even though, as Yale Law Professor Bruce Ackerman has observed, many of these individuals have languished in prison without being publicly identified, a clear violation of due process.57 The massive USA Patriot Act, which runs to a length well over three hundred pages, dramatically restricts the legal protections of foreign nationals who can now be held without charge on the suspicion of terrorism and again allows for the use of military tribunals. In Canada, Bills C-35 and C-36 have strengthened the government’s powers of surveillance as well as restricted demonstrations against foreign representatives at international meetings in an attempt to further curtain anti-globalization activities. An anti-globalization protestor now risks being designated a terrorist and thus subject to harsh official treatment and restricted legal rights should a court find she interfered with foreign delegates at international meetings. Similarly, in early February the European Parliament got rid of existing extradition procedures and passed a member wide arrest warrant provision to allow for quicker prosecution of suspected terrorists. All these bills and practices have informed the vague and shifting treatment of Al Qaida and Taliban prisoners and their detention at Guantanamo Bay, as well as the fierce debate among civil libertarians over the exclusion of these individuals from the Geneva Conventions and their subsequent treatment at Camp X-Ray.58 Moreover, these bills and practices raise other questions about who potentially could be labeled a terrorist, and what sort of associations, forms of dissent, and even viewpoints could be seen as threat to national and global security. 18 It is not just individual rights that have been eroded and curtailed since September 11th. Access to information, governmental transparency and openness also have come under the veil of security and secrecy. According to a recent Washington Post article the FBI and various other U.S. Federal Government Agencies have issued orders to destroy and withhold previously available documents, reports and maps at university and public libraries, as well as online documents from the Internet. As a consequence, materials dealing with public works, utilities, industrial manufacturing, and nuclear plants have been withdrawn from public scrutiny due to “public safety” concerns.59 Western democracies have reacted to the threat of terrorism and challenge to public order with language and legislation closely resembling that of China, a response that places order ahead of rights, the state ahead of polity, control of information over access to information. The supposed neoliberal promise of open society and small government is thus deferred in favor of security and continuity of rule. Fifty years ago Von Hayek and Popper advanced neoliberalism as a response to the authoritarian communitarianism of the Soviet Union and German National Socialism. What has emerged instead at the beginning of this new century is an authoritarian neoliberalism, in danger of becoming commensurate with Jiang Zemin’s developmental authoritarianism, that privileges the market over the body politic and property rights over human rights. By placing the war on terrorism within the context of the WTO we can see how the ascension of neoliberalism has brought supposedly clashing civilizations closer than ever before.60 Distinctive American and Chinese modernities share a common rationale, one seeking to cast new trade agreements, sign international commercial ventures and above all maintain a secure and orderly market for the operation of international 19 capitalism. As Canadian legal scholar Joel Bakan has asserted, “Neoliberal premises leave little room for political protest about economic policy. Neoliberal logic compels the conclusion that protestors are ill-informed and irrational, driven by ideology and ignorance rather than by reasoned understanding of economic science.”61 The Chinese state chooses to portray Xinjiang Muslims, student demonstrators, and political dissidents in this light. Likewise, George Bush’s government groups in the common category of “enemy” those individuals responsible for the September 11th bombings, entire populations living in the supposed “axis of evil” who insist upon alternative or at least contrasting visions of “civilization”, and those of us who resist the subsuming of our rights to defend America’s “civilization.” The war on terrorism has thus exacerbated the tightening of security and control on the forms, types and venues of dissent characteristic of neoliberal economic globalization. Rather than understand moves to curtail open societies in the name of order and security to be the result of the war on terrorism, we believe that these practices are components of the larger historical moment. What September 11th uncovered is that we are now faced with the stark prospect that in the new historical moment civilization means neoliberalism, and that the place of human and civil rights is tenuous in both. 20 1 George Soros, “Toward a Global Open Society” The Atlantic January 1988. Soros’ views are deeply indebted to the work of Karl Popper, The Open Society and Its Enemies (London: Routledge, 1945). 2 Many, including former U.S. President Bill Clinton, argue that this is to be a ‘trickle down’ effect. For Clinton, WTO for China represented “the most significant opportunity that we have had to create positive change in China since the 1970s.” What these analysts seem to overlook, however, is that Chinese markets have been open since1978 without effecting political democratic change in a substantive manner. 3 Ann Kent, China, The United Nations, and Human Rights, the Limits of Compliance (Philadelphia: University of Pennsylvania Press, 1999); James V. Feinerman, “Chinese Participation in the International Legal Order: Rogue Elephant or Team Player?” China Quarterly 141 (March 1995). 4 On China as ‘taker’ or ‘shaper’ of human rights see Andrew Nathan, “Human Rights in Chinese Foreign Policy,” China Quarterly 139 (September 1994). On human rights after September 11th, see Michael Ignatieff, “The Attack on Human Rights,” Foreign Affairs (November/December), 102-116. 5 Paul A. Bové, “Rights Discourse in the Age of U.S./China Trade,” New Literary History 33 (2002): 171- 187. 6 Jean Comaroff and John Comaroff, “Millennial Capitalism: First Thoughts on a Second Coming” Public Culture 12.2 (2000): 291-343; Edward Said, Culture and Imperialism (New York: Knopf, 1993). 7 There has been an immense intellectual condensation around the concept of Globalization and attempts to interpret and understand the modern world. We don’t pretend to have a diagnostic model – if such a thing is possible – but we do endeavor to recognize certain trends and tendencies that characterize the operation of global political economy. Arjun Appadurai ed., Globalization (Durham NC: Duke University Press, 2001); Zygmunt Bauman, Globalization: The Human Consequences (New York: Columbia University Press, 1998); Jean Comaroff and John Comaroff, “Millennial Capitalism: First Thoughts on a Second Coming” Public Culture 12.2 (2000): 291-343; Fredrick Jameson and Masao Miyoshi eds., The Cultures of 21 Globalization (Durham NC: Duke University Press, 1998); Saskia Sassen, Globalization and its Discontents: Essays on the New Mobility of People and Money (New York: The Free Press, 1998); David Harvey, Spaces of Capital: Towards a Critical Geography (New York: Routledge, 2001). On the restrictions on the mobility of people see Jacqueline Bhabha, “Get Back to Where You Once Belonged’: Identity, Citizenship and Exclusion in Europe,” Human Rights Quarterly 20.3 (1998): 592-627; Evelyn Glenn, “Citizenship and Inequality: Historical Global Perspectives” Social Problems 47.1 (2000), 1-27. Saskia Sassen observes that multilateral trade agreements regulate and accommodate the cross boarder movement of professional and specialized workers at the same time they restrict the influx of other immigrants. Sakia Sassen, Globalization and Its Discontents, 15-16. Once again Canada provides an instructive example of this trend. Recent changes to Canadian Immigration policy make it much more difficult for foreign nationals to become landed immigrants in Canada unless these individuals have high levels of skills and education or capital. 8 Neoliberal thought was built on an intellectual foundation advanced by the so-called Vienna and Chicago schools of economic thought as well liberal political theorists concerned with the emergence of modern centralized states and the loss of individual autonomy. Friedrich Von Hayek, The Road to Serfdom (London: Routledge, 1944); Karl Popper, The Open Society and Its Enemies (London: Routledge, 1945); Robert Nozick, Anarchy, State and Utopia (New York: Basic Books, 1974). For a history of neoconservative thought in the United States see Mark Gerson, The Neoconservative Vision: From the Cold War to the Culture Wars (Lanham MD: Madison Books, 1996); Mary Brennan, Turning Right in the Sixties (Chapel Hill NC: University of North Carolina Press, 1995); Rebecca E. Klatch, A Generation Divided: The New Left, The New Right, and the 1960s (Berkeley: The University of California Press, 1999); Lisa McGirr, Suburban Warriors: The Origins of the New American Right (Princeton: Princeton University Press, 2001); Jonathan Schoenwald, A Time for Choosing: The Rise of Modern American Conservatism (New York: Oxford University Press, 2001). 9 Gary Gerstle, “The Protean Character of American Liberalism” American Historical Review (October 1994): 1043-1073. Klaus Hansen, “The Liberal Tradition in America: A German View” Journal Of American History 87.4 (March 2001), 1397-1408. 22 10 Alan Brinkley, The End of Reform: New Deal Liberalism in Recession and War (New York: Knopf, 1995); William Chafe, The Unfinished Journey: America Since World War II second edition (New York: Oxford University Press, 1991): James Paterson, Grand Expectations: The United States 1945-1974 (New York: Oxford University Press, 1996). On the impact decolonization on the American Left see: Van Gosse, Where the Boys Are: Cuba, Cold War America and the Making of the New Left (New York: Verso, 1993); Paul Gilroy, The Black Atlantic: Modernity and the Double Consciousness (Cambridge MA.: Harvard University Press, 1993); Penny M. Von Eschen, Race Against Empire: Black Americans and Anticolonialism, 1937-1957 (Ithaca: Cornell University Press, 1997); Nacy Zaroulis and Gerald Sullivan, Who Spoke Up? American Protest Against the War in Vietnam 1963-1975 (New York: Owl Books, 1985). 11 For a sanguine overview of the history of neoliberalism and its emergence as the dominant model of economic thought see: Daniel Yergin and Joseph Stanislaw, Commanding Heights: The Battle for the World Economy (New York: Simon and Schuster, 1998); Thomas Friedman, The Lexus and the Olive Tree: Understanding Globalization (New York: Anchor Books, 2000). For more critical assessments see John Gray, False Dawn: The Delusions of Global Capitalism (New York: The New Press, 1998); Gary Teeple, Globalization and the Decline of Social Reform (New York: Humanity Books, 2000). 12 Robert Collins, More: The Politics of Economic Growth in Post-War America (New York: Oxford University Press, 2000); Steven Hayword, The Age of Reagan: The Fall of the Old Liberal Order, 19641980 (Roseville CA: Forum/Prima, 2001); Peter Jenkins, Mrs. Thatcher’s Revolution: The Ending of the Socialist Era (London: Pan Books, 1989); Gary Willis, Regan’s America: Innocents at Home (New York: Penguin Books, 1988). 13 Richard Clayton and Jonas Pontusson, “Welfare State Retrenchment Revisited: Entitlement Cuts, Public Sector Restructuring and Inegalitarian Trends in Advanced Capitalist Societies” World Politics 51.1 (1998), 67-98; Gary Teeple, Globalization and the Decline of Social Reform (New York: Humanity Books, 2000). 14 http://www.summit-americas.org/ (January 24, 2002). 15 Michael Hardt and Antonio Negri, Empire (Cambridge MA: Harvard University Press, 2000), 17. 16 Paul Du Gay, “Representing ‘Globalization’: Notes on the Discursive Orderings of Economic Life” in Paul Gilroy et al, eds., Without Guarantees: In Honour of Stuart Hall (London: Verso, 2000), 117. 17 Liu Junning, “Classical Liberalism Catches on in China,” Journal of Democracy 11:3 (July 2000), 48-57. 23 18 Wang Hui, “How Tiananmen Protests led to the New Market Economy,” Le Monde Diplomatique (April 2002). 19 Xudong Zhang, “The Making of the Post-Tiananmen Intellectual Field: A Critical Overview,” in Xudong Zhang (ed), Whither China? Intellectual Politics in Contemporary China (Durham: Duke University Press, 2001), 56. 20 Zhang, 26. 21 Zhang, 29. 22 Mao Zedong, “On Contradiction,” Selected Readings from the Works of Mao Zedong (Peking: Foreign Languages Press, 1971), 85-132. 23 A good example of this type of thinking is expressed by Liu Junning. He states: “The history of China in this century is characterized by its belated efforts to “catch up” to world trends. (Unfortunately, in the first half of the twentieth century it caught the wave of communism, which was then on the rise worldwide.) In the late 1980s, it attempted in vain to catch the third wave of democractization. Since today’s trend is the decline of totalitarianism and authoritarianism and the rebirth of liberalism throughout the world, it would be a tragedy if China once again missed the chance to join the mainstream of human civilization.” Liu Junning, 51-52. 24 Michael Schoenhals, “Political Movements, Change, and Stability: The Chinese Communist Party in Power,” in Richard Louis Edmonds (ed), The People’s Republic of China after 50 Years (Oxford: Oxford University Press, 1999), 33-43 25 This is periodized as the “three thought liberations,” centered around the 1978 debate of pragmatism versus ideology, the 1992 debate of capitalism versus socialism, and the 1997 debate of private versus public ownership. Ma Licheng and Ling Zhijun see the debates as efforts against leftists who blocked Deng’s economic reforms. They view each as a successive erosion of the authority of key components of the socialist economy: first, Mao; second, the planned economy; third, public ownership. Ma Licheng and Ling Zhijun, Jiaofeng dangdai zhongguo sanci sixiang jiefang shilu [Clash: records of the three thought liberations in modern China] (Beijing: Jinri zhongguo chubanshe, 1998). 26 For example, Li Changping, a township party secretary in Hubei province for 15 years and a commentator on rural problems in China expressed unease at the nostalgia for the ‘good old days of Mao 24 Zedong’ among disillusioned farmers. He feels this nostalgia, if not addressed, is potentially a “dangerous destabilising force.” Josephine Ma, “Squeezed Framers nostalgic for Mao era,” South China Morning Post online edition, 28 January 2002. 27 Ironically, the communiqué of the Third Plenum also promised socialist democracy and socialist legality. The subsequent 1979-80 Democracy Movement was suppressed, however. Then in his August 18, 1980 Party Politburo speech that initiated the Gengshen Reforms, Deng called for “the democratization of the life of society as a whole.” This political reform movement – which included reinstitution of people’s congresses and workers congresses with free election of delegates— was accompanied by the formal abolishment from the constitution of the ‘four great freedoms’ (“the right to speak out freely, air views, hold great debates and write big-character posters”). Maurice Meisner, The Deng Xiaoping Era, An Inquiry into the Fate of Chinese Socialism, 1978-1994 (New York: Hill and Wang, 1996), chapter 7. 28 On the rise of Jiang Zemin see Bruce Gilley, Tiger on the Brink, Jiang Zemin and China’s New Elite (Berkeley: University of California Press, 1998). For a critique of Gilley’s (albeit qualified) acceptance of Jiang’s developmental dictatorship, see Tina Mai Chen, Review of Bruce Gilley, Tiger on the Brink, left history 7:1, 167-170. 29 On the significance of the April 26th editorial see Han Minzhu, Cries for Democracy, Writings and Speeches from the 1989 Chinese Democracy Movement (Princeton: Princeton University Press, 1990); Geremie Barme and Linda Jaivin (eds), New ghosts, old dreams : Chinese rebel voices (New York : Times Books, 1992),; Jeffrey N. Wasserstrom and Elizabeth J. Perry (eds), Popular protest and political culture in modern China : learning from 1989 (Boulder : Westview Press, 1992). 30 Pitman Potter, “The Chinese Legal System: Continuing Commitment to State Power,” in Edmonds, 111- 121; Richard Louis Edmonds, “The Environment in the People’s Republic of China 50 Years On,” in Edmonds, 78-87. Also Donald C. Clarke and James V. Feinerman, “Antagonistic Contradictions: Criminal Law and Human Rights in China,” China Quarterly 141 (March 1995), 135-54. 31 The amendments to the constitution put forth for endorsement at the16th CCP Congress this year transform the CCP into a party for all Chinese people. Entrepreneurs and intellectuals will have the same status as the working class. The CCP asserts that the wuchan (class without property) is not being devalued in this process and that the CCP simply wishes to include all citizens, including those with wealth. This 25 clearly contradicts Marxist principles and analysis of the power relations inherent in a capitalist system. This party reform does not bode well for social equality or workers’ rights. From another perspective, however, some analysts believe that it may redefine the role of the People’s Liberation Army because the PLA no longer will be called upon to suppress anti-communist elements. This then alters the role of the PLA from class struggle to national defence and, optimistically, would entail a transfer of the military from a party to state organ. Less optimistically, the PLA will be called upon to suppress anti-capitalist forces, as has been seen in the use of troops to quell labour unrest in factories. 32 Willy Wo-Lap Lam, “After 80 Years CCP looks to future,” CNN.com/WORLD, 13 June 2001. Jiang has explicitly stated that he favors the elitist systems in Singapore and Malaysia. 33 For example, in December 2000 authorities distributed a list of 11 well-known scholars and instructed Guangdong newspapers and journals not to carry their articles. The blacklist included a number of liberal scholars including He Qinglian who presented an article at a Hong Kong academic conference that upset the Chinese authorities. In this article she argued that as Chinese society changes social class conflicts will worsen. China News Digest, “Authorities Order Ban on Publications of Liberal Scholars,” 17 December 2000. 34 The initial application for accession to the Marrakesh Agreement Establishing the World Trade Organization was submitted December 7, 1995. 35 On the relationship between International Human Rights and Trade Regimes see Caroline Dommen, “Raising Human Rights Concerns in the World Trade Organization: Actors, Processes and Possible Strategies,” Human Rights Quarterly 24 (2002), 1-50. Dommen outlines two different ways in which human rights groups have attempted to integrate the WTO into an international human rights regime: one, the use of WTO enforcement mechanisms to enforce Western human rights standards on other counties; two, a focus on WTO rules and their application to limit states’ possibilities to provide the conditions for realization of human rights. Dommen is primarily concerned with the second approach. 36 Some suggest that Mao Zedong also was concerned with human rights the term renquan is used infrequently in the Maoist period. Mao’s conception of rights differs fundamentally from rights as mobilized by Deng Xiaoping, Jiang Zemin, and the international human rights community. Mao understood human rights to be a product of the capitalist era of history and therefore linked to class struggle. Mao 26 argued that socialism was not about individual freedoms but about social and economic equality. In practice, this meant the denial of basic human rights in various campaigns including the Anti-Rightist campaign of 1957, the Great Leap Forward, and the Cultural Revolution. Also see Yuan-li Wu et al., Human Rights in the People’s Republic of China (Boulder and London: Westview Press, 1988). 37 For a discussion of these debates see Ann Kent, China, the United Nations, and Human Rights, The Limits of Compliance (Philadelphia: University of Pennsylvania Press, 1999), chapter one. Also Xiao Weiyun, Luo Haocai, and Wu Xieying, “Makesi zhuyi zenmayang kan ‘renquan’ wenti,” (How Marxism Views the Question of Human Rights), Hongqi (Red Flag) (1979) 5; Gongren ribao (Workers Daily) 22 March 1979. 38 This also is true of the post-1989 development of human rights theory in China. At the 1993 Bangkok and Vienna Conferences, China adapted its position in order to assume leadership of the “Third World” at Bangkok and “the developing world” at Vienna. See Kent, China, the United Nations, and Human Rights, chapter 5. 39 Ming Wan, Human Rights and Chinese Foreign Relations, Defining and Defending National Interests (Philadelphia: University of Pennsylvania Press, 2001). 40 Roberta Cohen, “People’s Republic of China, The Human Rights Exception,” 9 Human Rights Quarterly (1987), 447-549. 41 Foreign investment slowly entered China in the 1980s and gained full force in the 1990s. Since 1993 China has been the second largest recipient in the world of foreign direct investment, behind only the United States. By early 1999, foreign direct investment in joint ventures and wholly foreign-owned companies exceeded one-quarter of a trillion US dollars. From 1980-89, China’s GDP increased at an average annual rate of 9.7 percent. The recession of 1989 during which GNP declined to a growth rate of 3.9 percent from 11.2 percent in 1988 was due to the monetary policies of Zhao Ziyang introduced in late 1988. From 1990-94, average GDP growth was greater than 11 percent. World Development Report 1991 (New York: Oxford University Press, 1991), Ajit Singh, “The Plan, the Market, and Evolutionary Economic Reform in China,” UNCTAD Discussion Papers, No. 76 (December 1993), Nicholas Lardy, China’s WTO Membership Policy Brief #47 (April 1999), Brookings Institution. 42 Catharin E. Dalpino, “Human Rights in China,” Policy Brief #50 (June 1999), Brookings Institution. 27 43 Official human rights studies began in China in 1990 and resulted in the formation of the China Society for Human Rights Studies (CSHRS) in 1993. While formerly a nongovernmental agency this group (with a membership drawn from retired government officials, scholars, and members of the Xinhua News Agency) acts primarily as an extension of the propaganda department of the state. The threefold mission of CSHRS is communicating with foreign human rights NGOs, establishing Chinese theories of human rights, and upholding Chinese sovereignty internationally. While human rights is the topic of numerous articles in the official and nonofficial press, articles generally take one of three tactics: one, dismiss allegations of human rights abuses; two, present human rights discourse as interference in domestic politics and a tool of Western imperialism; and, three, counter with reports of human rights abuses in the United States and other Western countries to demonstrate the superior record of China. 44 Kenneth Lieberthal includes among the six core premises guiding U.S.-China relations: one, “The United States and Asia benefit from the type of stability that comes from China’s meeting the needs and demands of its people. Major governmental breakdown in the People’s Republic of China would produce tragedy at home and severe problems for the region and the United States.” Two, “Market-based economic development – and the associated formation of a middle class and increased integration with the outside world – will, over the long run, produce liberalizing effects in China.” U.S. Policy Toward China. Policy Brief #72 (March 2001), Brookings Institute. 45 Andrew Nathan, China’s Transition (New York: Columbia University Press, 1997), 252. 46 For example, Amartya Sen, “Human Rights and Economic Achievements,” in Joanne R. Bauer and Daniel A. Bell (eds), The East Asian Challenge for Human Rights (Cambridge and New York: Cambridge University Press, 1999), 88-99. 47 For a summary and critique of this position see Yash Ghai, “Rights, Social Justice, and Globalization in East Asia,” in Joanne R. Bauer and Daniel A. Bell (eds), The East Asian Challenge for Human Rights (Cambridge and New York: Cambridge University Press, 1999), 241-263. Michael Ignatieff cautions against the critique that human rights acts as “the moral arm of global capitalism” because, he asserts, this argument misunderstands the relationship between free market globalists and human rights internationalists. We agree with Ignatieff that these two groups are often in conflict with each other as the former, when concerned with rights, represents what we have called “neoliberal rights norms” and the latter an 28 international human rights regime. Michael Ignatieff, Human Rights as Politics and Idolatory (Princeton and Oxford: Princeton University Press, 2001), 71. 48 For a discussion of the labour rights abuses (understood as human rights abuses) that have arisen in conjunction with economic development, see Anita Chan, “Labor Standards and Human Rights: The Case of Chinese Workers under Market Socialism,” Human Rights Quarterly 20.4 (1998), 886-904. 49 Dalpino, 2. 50 Hu Angang, director of the Centre for Chinese Studies (run by the Chinese Academy of Sciences at Tsinghua University), uses the phrase “one country, two systems, four societies” to refer to the large gaps between urban and rural peoples. His four societies refer to farming, manufacturing, services, and knowledge. Staff Reporter, “Society living in separate systems,” South China Morning Post online edition, 6 February 2002. 51 “Focus on agriculture as farms feel WTO pinch,” South China Morning Post online edition, 6 February 2002; Reuters (Beijing), “Jiang says helping poor key to stability,” South China Morning Post online edition, 6 February 2002. 52 This fear was borne out in the Daqing Oilfield strikes of March of this year that involved up to 10,000 workers demanding unpaid wages and the resignations of officials. Clashes with police and casualties have occurred. The Daqing Oil Company defends lay-offs by directly linking them to entry into the WTO and the need to be competitive. Over the last three years approximately 86, 000 workers have been laid off (just under 49% of the workforce). 53 Xinjiang has a population of approximately 17 million, including 8 million Muslim Uighurs. It borders on Mongolia, Russia, Kazakhstan, Kyrgyzstan, Tajikistan, Pakistan, Afghanistan, and Chinese Tibet. 54 Jack Donnelly, “Human Rights: A New Standard of Civilization,” 74 International Affairs (1998): 1-24. 55 Rosemary Foot argues that China has been drawn into rights discourse, that Chinese identity is increasingly linked to this discourse, and that we can be optimistic about shifts accompanying the deepening of these discourses in China. Rights Beyond Borders: The Global Community and the Struggle Over Human Rights in China (Oxford: Oxford University Press, 2000). 56 Mike Moore, The WTO and the new economy, 22 May 2000 (New York), http://www.wto.org/english/news_e/spmm_e/spmm31_e.htm 29 57 Bruce Ackerman, “Don’t Panic” London Review of Books 24.3 (February 2002). 58 Mark A. Drumbl, “Judging the 11 September Terrorist Attack,” Human Rights Quarterly 24 (May 2002): 323-360. 59 Ariana Eunjung Cha, “Risks Prompt U.S. to Limit Access to Data: Security, Rights Advocates Clash over Need to Know” Washington Post Sunday, February 24, 2002, A01. 60 This is clearly the message promoted by the Chinese press and propaganda department as seen in the reporting on George W. Bush’s recent visit to Beijing and recent publications including the photo book released February 2002, “30 Years of Sino-US Relations," compiled by the Information Office of the State Council and co-published by the Xiyuan Publishing House and China Intercontinental Press. 61 Joel Bakan, in Wesley Pue ed., Pepper in Our Eye: The APEC Affair (Vancouver: University of British Columbia Press, 2000), 83. 30