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Business and Society Review 102/103: 81–87

“Asian Values” and the


Universality of Human Rights
XIAORONG LI

O
rientalist scholarship in the nineteenth cultural supremacists, and isolationists alike,
century perceived Asians as the myste- as fresh evidence for their various positions
rious and backward people of the Far against a political liberalism that defends uni-
East. Ironically, as this century draws to a versal human rights and democracy. Thus, the
close, leaders of prosperous and entrepreneu- “Asian values” debate provides an occasion to
rial East and Southeast Asian countries eagerly reinvigorate deliberation about the foundations
stress Asia’s incommensurable differences of human rights, the sources of political legiti-
from the West and demand special treatment of macy, and the relation between modernity and
their human rights record by the international cultural identity.
community. They reject outright the globaliza- This essay makes a preliminary attempt to
tion of human rights and claim that Asia has a identify the myths, misconceptions, and falla-
unique set of values, which, as Singapore’s am- cies that have gone into creating an “Asian
bassador to the United Nations has urged, pro- view” of human rights. By sorting out the vari-
vide the basis for Asia’s different understanding ous threads in the notions of “cultural speci-
of human rights and justify the “exceptional” ficity” and “universality,” it shows that the
handling of rights by Asian governments. claim to “Asian values” hardly constitutes a
Is this assertion of “Asian values” simply a serious threat to the universal validity of hu-
cloak for arrogant regimes whose newly gained man rights.
confidence from rapidly growing economic
power makes them all the more resistant to out-
side criticism? Does it have any intellectual DEFINING THE “ASIAN VIEW”
substance? What challenges has the “Asian val-
ues” debate posed to a human rights movement To speak of an “Asian view” of human rights
committed to globalism? that has supposedly emanated from Asian per-
Though scholars have explored the under- spectives or values is itself problematic: it is im-
standing of human rights in various Asian con- possible to defend the “Asianness” of this view
texts, the assertion of “Asian values” gains and its legitimacy in representing Asian cul-
political prominence only when it is articulated ture(s). “Asia” in our ordinary language desig-
in government rhetoric and official statements. nates large geographic areas that house diverse
In asserting these values, leaders from the re- political entities (states) and their people, with
gion find that they have a convenient tool to si- drastically different cultures and religions, and
lence internal criticism and to fan anti-Western unevenly developed (or undeveloped) econo-
nationalist sentiments. At the same time, the mies and political systems. Those who assert
concept is welcomed by cultural relativists, commonly shared “Asian values” cannot recon-
cile their claims with the immense diversity of
Asia—a heterogeneity that extends to its peo-
Xiaorang Li is in the Institute for Philosophy and Public Policy at the ple, their social–political practices and ethnic–
University of Maryland in College Park. cultural identities. Nonetheless, official state-
Reprinted with permission from the Institute for Philosophy and
Public Policy. ments by governments in the region typically

© 1998 Center for Business Ethics at Bentley College. Published by Blackwell Publishers,
350 Main Street, Malden, MA 02148, USA, and 108 Cowley Road, Oxford OX4 1JF, UK.
82 BUSINESS AND SOCIETY REVIEW

make the following claims about the so-called Claim III: Social and economic rights
“Asian view” of human rights: take precedence over civil and political
rights. Asian societies rank social and eco-
nomic rights and “the right to economic devel-
Claim I: Rights are “culturally specific.” opment” over individuals’ political and civil
Human rights emerge in the context of particu- rights. The Chinese White Paper (1991) stated
lar social, economic, cultural and political con- that “[t]o eat their fill and dress warmly were the
ditions. The circumstances that prompted the fundamental demands of the Chinese people
institutionalization of human rights in the West who had long suffered cold and hunger.”4 Politi-
do not exist in Asia. China’s 1991 White Paper cal and civil rights, on this view, do not make
stated that “[o]wing to tremendous differences sense to poor and illiterate multitudes; such
in historical background, social system, cul- rights are not meaningful under destitute and
tural tradition and economic development, unstable conditions. The right of workers to
countries differ in their understanding and form independent unions, for example, is not as
practice of human rights.”1 In the Bangkok Gov- urgent as stability and efficient production. Im-
ernmental Declaration, endorsed at the 1993 plicit here is the promise that once people’s ba-
Asian regional preparatory meeting for the Vi- sic needs are met—once they are adequately
enna World Conference on Human Rights, gov- fed, clothed, and educated—and the social or-
ernments agreed that human rights “must be der is stable, the luxury of civil and political
considered in the context of a dynamic and rights will be extended to them. In the mean-
evolving process of international norm-setting, time, economic development will be achieved
bearing in mind the significance of national and more efficiently if the leaders are authorized to
regional peculiarities and various historical, restrict individuals’ political and civil rights for
cultural, and religious backgrounds.”2 the sake of political stability.

Claim II: The community takes prece- Claim IV: Rights are a matter of national
dence over individuals. The importance of sovereignty. The right of a nation to self- de-
the community in Asian culture is incompatible termination includes a government’s domestic
with the primacy of the individual, upon which jurisdiction over human rights. Human rights
the Western notion of human rights rests. The are internal affairs, not to be interfered with by
relationship between individuals and commu- foreign states or multinational agencies. In its
nities constitutes the key difference between 1991 White Paper, China stated that “the issue
Asian and Western cultural “values.” An official of human rights falls by and large within the
statement of the Singapore government, sovereignty of each state.”5 In 1995, the govern-
Shared Values (1991), stated that “[a]n empha- ment confirmed its opposition to “some coun-
sis on the community has been a key survival tries’ hegemonic acts of using a double
value for Singapore.”3 Human rights and the standard for the human rights of other coun-
rule of law, according to the “Asian view,” are tries . . . and imposing their own pattern on oth-
individualistic by nature and hence destructive ers, or interfering in the internal affairs of other
of Asia’s social mechanism. Increasing rates of countries by using ‘human rights’ as a pre-
violent crime, family breakdown, homeless- text.”6 The West’s attempt to apply universal
ness, and drug abuse are cited as evidence that standards of human rights to developing coun-
Western individualism (particularly the Ameri- tries is disguised cultural imperialism and an
can variety) has failed. attempt to obstruct their development.
XIAORONG LI 83

ELSEWHERE AND HERE further exploited and disadvantaged these


groups and created anxiety even among more
In this essay I address the first three claims that privileged sectors—professionals and business
make up the “Asian view,” particularly the ar- owners, as well as foreign corporations—in
gument that rights are “culturally specific.” places where corruption, disrespect for prop-
This argument implies that social norms origi- erty rights, and arbitrary rule are the norm. Po-
nating in other cultures should not be adopted litical dissidents, intellectuals, and opposition
in Asian culture. But, in practice, advocates of groups who dare to challenge the system face
the “Asian view” often do not consistently ad- persecution. Meanwhile, with the expansion of
here to this rule. Leaders from the region pick communications technology and improvements
and choose freely from other cultures, adopting in literacy, information about repression and
whatever is in their political interest. They seem injustice has become more accessible both
to have no qualms about embracing such within and beyond previously isolated commu-
things as capitalist markets and consumerist nities; it is increasingly known that the notion
culture. What troubles them about the concept of universal rights has been embraced by peo-
of human rights, then, turns out to have little to ple in many Latin American, African, and some
do with its Western cultural origin. East and Southeast Asian countries (Japan,
In any case, there are no grounds for believ- South Korea, Taiwan, and the Philippines). Fi-
ing that norms originating elsewhere should be nally, the international human rights move-
inherently unsuitable for solving problems ment has developed robust non-Western
here. Such a belief commits the “genetic fal- notions of human rights, including economic,
lacy,” in that it assumes that a norm is suitable social, and cultural rights, providing individu-
only to the culture of its origin. But the origin of als in Asia with powerful tools to fight against
an idea in one culture does not entail its unsuit- poverty, corruption, military repression, dis-
ability to another culture. If, for example, there crimination, and cultural and community de-
are good reasons for protecting the free expres- struction, as well as social, ethnic, and
sion of Asian people, free expression should be religious violence. Together, these new circum-
respected, no matter whether the idea of free stances make human rights relevant and im-
expression originated in the West or Asia or how plementable in Asian societies.
long it has been a viable idea. And in fact, Asian
countries may have now entered into historical
circumstances in which the affirmation and CULTURE, COMMUNITY,
protection of human rights are not only possi- AND THE STATE
ble but desirable.
In some contemporary Asian societies, we The second claim, that Asians value community
find economic, social, cultural, and political over individuality, obscures more than it reveals
conditions that foster demands for human about community, its relations to the state and
rights as the norm-setting criteria for the treat- individuals, and the conditions congenial to its
ment of individual persons and the communi- flourishing. The so-called Asian value of
ties they form. National aggregate growth and “community harmony” is used as an illustration
distribution, often under the control of authori- of “cultural” differences between Asian and
tarian governments, have not benefited indi- Western societies in order to show that the idea
viduals from vulnerable social groups— of individuals’ inalienable rights does not suit
including workers, women, children, and in- Asian societies. This “Asian communitarianism”
digenous or minority populations. Social and is a direct challenge to what is perceived as the
economic disparities are rapidly expanding. essence of human rights, that, its individual-
Newly introduced market forces, in the absence centered approach, and it suggests that Asia’s
of rights protection and the rule of law, have community- centered approach is superior.
84 BUSINESS AND SOCIETY REVIEW

However, the “Asian view” creates confusions provides a public space for the flourishing of
by collapsing “community” into the state and communities.
the state into the (current) regime. When equa-
tions are drawn between community, the state,
and the regime, any criticisms of the regime be- A FALSE DILEMMA
come crimes against the nation- state, the com-
munity, and the people. The “Asian view” relies The third claim of the “Asian view,” that eco-
on such a conceptual maneuver to dismiss indi- nomic development rights have a priority over
vidual rights that conflict with the regime’s in- political and civil rights, supposes that the
terest, allowing the condemnation of individual starving and illiterate masses have to choose
rights as anti-communal, destructive of social between starvation and oppression. It then con-
harmony, and seditionist against the sovereign cludes that “a full belly” would no doubt be the
state. natural choice. Setting aside the paternalism of
At the same time, this view denies the exis- this assumption, the question arises of whether
tence of conflicting interests between the state the apparent trade-off—freedom in exchange
(understood as a political entity) and communi- for food—actually brings an end to deprivation
ties (understood as voluntary, civil associa- and whether people must in fact choose be-
tions) in Asian societies. What begins as an tween these two miserable states of affairs.
endorsement of the value of community and so- When it is authoritarian regime leaders who
cial harmony ends in an assertion of the su- pose this dilemma, one should be particularly
preme status of the regime and its leaders. suspicious. The oppressors, after all, are well-
Such a regime is capable of dissolving any non- positioned to amass wealth for themselves, and
governmental organizations it dislikes in the their declared project of enabling people to “get
name of “community interest,” often citing tra- rich” may increase the disparity between the
ditional Confucian values of social harmony to haves and the have-nots. Moreover, the most
defend restrictions on the right to free associa- immediate victims of oppression—those sub-
tion and expression, and thus wields ever more jected to imprisonment or torture—are often
pervasive control over unorganized individual those who have spoken out against the errors or
workers and dissenters. A Confucian communi- the incompetence of authorities who have failed
tarian, however, would find that the bleak, to alleviate deprivation or those who in fact have
homogeneous society that these governments made it worse. The sad truth is that an authori-
try to shape through draconian practices— tarian regime can practice political repression
criminal prosecutions for “counterrevolution- and starve the poor at the same time. Con-
ary activities,” administrative detention, cen- versely, an end to oppression often means the
sorship, and military curfew—has little in alleviation of poverty—as when, to borrow
common with her ideal of social harmony. Amartya Sen’s example, accountable govern-
Contrary to the “Asian view,” individual free- ments manage to avert famine by heeding the
dom is not intrinsically opposed to and de- warnings of a free press.7
structive of community. Free association, free One assumption behind this false dilemma is
expression, and tolerance are vital to the well- that “the right to development” is a state’s sov-
being of communities. Through open public de- ereign right and that it is one and the same as
liberations, marginalized and vulnerable social the “social–economic rights” assigned to indi-
groups can voice their concerns and expose the viduals under international covenants. But the
discrimination and unfair treatment they en- right of individuals and communities to partici-
counter. In a liberal democratic society, which pate in and enjoy the fruit of economic develop-
is mocked and denounced by some Asian lead- ment should not be identified with the right
ers for its individualist excess, a degree of sepa- of nation-states to pursue national pro-
ration between the state and civil society development policies, even if such policies set
XIAORONG LI 85

the stage for individual citizens to exercise their of the other. If citizens’ civil–political rights are
economic rights. Even when “the right to devel- unprotected, their opportunities to “get rich”
opment” is understood as a sovereign state can be taken away just as arbitrarily as they are
right, as is sometimes implied in the interna- bestowed; if citizens have no real opportunity to
tional politics of development, it belongs to a exercise their social–economic rights, their
separate and distinct realm from that of “so- rights to political participation and free expres-
cial–economic rights.” sion, will be severely undermined. For centu-
The distinction between economic rights and ries, poverty has stripped away the human
the state’s right to development goes beyond the dignity of Asia’s poor masses, making them vul-
issue of who holds these particular rights. Na- nerable to violations of their cultural and
tional development is an altogether different civil–political rights. Today, a free press and the
matter from securing the economic rights of rule of law are likely to enhance Asians’ eco-
vulnerable members of society. National eco- nomic opportunity. Civil–political rights are not
nomic growth does not guarantee that basic a mere luxury of rich nations, as some Asian
subsistence for the poor will be secured. While leaders have told their people, but a safety net
the right to development (narrowly understood) for marginalized and vulnerable people in dra-
enables the nation-state as a unit to grow eco- matically changing Asian societies.
nomically, social–economic rights are con-
cer ned with empowering the poor and
vulnerable, preventing their marginalization UNIVERSALITY UNBROKEN
and exploitation, and securing their basic sub-
sistence. What the right of development, when The threat posed by “Asian values” to the uni-
asserted by an authoritarian state, tends to dis- versality of human rights seems ominous. If
regard, but what social–economic rights aspire Asian cultural relativism prevails, there can be
to protect, is fair economic equality or social eq- no universal standards to adjudicate between
uity. Unfortunately, Asia’s development pro- competing conceptions of human rights. But
grams have not particularly enabled the poor one may pause and ask whether the “Asian val-
and vulnerable to control their basic livelihood, ues” debate has created any really troubling
especially where development is narrowly un- threat to universal human rights—that is, seri-
derstood as the creation of markets and meas- ous enough to justify the alarm that it has
ured by national aggregate growth rates. touched off.
A more plausible argument for ranking social The answer, I argue, depends on how one un-
and economic rights above political and civil derstands the concepts of universality and cul-
rights is that poor and illiterate people cannot tural specificity. In essence, there are three
really exercise their civil–political rights. Yet the ways in which a value can be universal or cul-
poor and illiterate may benefit from civil and po- turally specific. First, these terms may refer to
litical freedom by speaking, without fear, of the origin of a value. In this sense, they repre-
their discontent. Meanwhile, as we have seen, sent a claim about whether a value has devel-
political repression does not guarantee better oped only within specific cultures or whether it
living conditions and education for the poor and has arisen within the basic ideas of every
illiterate. The leaders who are in a position to culture.
encroach upon citizens’ rights to express politi- No one on either side of the “Asian values” de-
cal opinions will also be beyond reproach and bate thinks that human rights are universal
accountability for failures to protect citizens’ with respect to their origin. It is accepted that
social–economic rights. the idea of human rights originated in Western
Political–civil rights and social–economic– traditions. The universalist does not disagree
cultural rights are in many ways indivisible. with the cultural relativist on this point
Each is indispensable for the effective exercise —though they would disagree about its
86 BUSINESS AND SOCIETY REVIEW

significance—and it is not in this sense that is now taking place among people with different
human rights are understood as having cultural assumptions; it is a conversation that
universality. proceeds by opening those assumptions to re-
Second, a value may be culturally specific or flection and reexamination. Its participants be-
universal with respect to its prospects for effec- gin with some minimal shared beliefs, for
tive (immediate) implementation. That is, a value example, that genocide, slavery, and racism are
may find favorable conditions for its implemen- wrong. They accept some basic rules of argu-
tation only within certain cultures, or it may mentation to reveal hidden presuppositions,
find such conditions everywhere in the world. disclose inconsistencies between ideas, clarify
Now, I don’t think that the universalist would conceptual ambiguity and confusions, and
insist that human rights can be immediately or expose conclusions based on insufficient evi-
effectively implemented in all societies, given dence and oversimplified generalizations. In
their vastly different conditions. No one imag- such a conversation based on public reasoning,
ines that human rights will be fully protected in people may come to agree on a greater range of
societies that are ravaged by violent conflict or issues than seemed possible when they began.
warfare; where political power is so unevenly They may revise or reinterpret their old beliefs.
distributed that the ruling forces can crush any The plausibility of such a conversation suggests
opposition; where social mobility is impossible, a way of establishing universal validity: that is,
and people segregated by class, caste system, by referring to public reason in defense of a par-
or cultural taboos are isolated and uninformed; ticular conception or value.
where most people are on the verge of starvation If the concept of human rights can survive
and where survival is the pressing concern. The the scrutiny of public reason in such a cross-
list could go on. As we shall see, however, to ac- cultural conversation, its universal validity will
knowledge that the prospects for effective im- be confirmed. An idea that has survived the test
plementation of human rights differ according of rigorous scrutiny will be reasonable or valid
to circumstances is not to legitimize violations not just within the boundaries of particular cul-
under these unfavorable conditions, nor is it to tures, but reasonable in a non-relativistic fash-
deny the universal applicability or validity of ion. The deliberation and public reasoning will
human rights (as defined below) to all human continue, and it may always be possible for the
beings no matter what circumstances they face. concept of human rights to become doubtful
Third, a value may be understood as cultur- and subject to revision. But the best available
ally specific by people who think it is valid only public reasons so far seem to support its uni-
within certain cultures. According to this un- versal validity. Such public reasons include the
derstanding, a value can be explained or de- arguments against genocide, slavery, and racial
fended only by appealing to assumptions discrimination. Others have emerged from the
already accepted by a given culture; in cultures kind of reasoning that reveals fallacies, confu-
that do not share these assumptions, the valid- sions, and mistakes involved in the defense of
ity of such a value will become questionable. Asian cultural exceptionalism.
Since there are few universally shared cultural
assumptions that can be invoked in defense of
the concept of human rights, the universal va- NOTES
lidity of human rights is problematic.
The proponents of this view suppose that the 1. Information Office, Human Rights in China
validity of human rights can only be assessed in (Beijing: Information Office of the State Council of
an intracultural conversation where certain be- the People’s Republic of China, 1991).
liefs or assumptions are commonly shared and 2. Bangkok NGO Declaration on Human Rights,
not open to scrutiny. However, an intercultural 27 March 1993.
conversation about the validity of human rights 3. Story in The Strait Times, 21 Wovonber 1992.
XIAORONG LI 87

4. Information Office publication Human Rights State Council of the People’s Republic of China,
in China. 1995).
5. Information Office publication Human Rights 7. Amartya Sen, “Our Culture, Their Culture,”
in China. The New Republic, 1 April 1996, 27–34.
6. Information Office, The Progress of Human
Rights in China (Beijing Information Office of the

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