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He endeavors to set the story straight on the second pillar—human rights. China, he avers, has done extremely well on social and economic rights. On the UN Human Development Index China progresses well. More than 150 million have been lifted from poverty in ten years. Adult literacy is up. Diet is improved. Infant mortality is down. Life expectancy has lengthened. Women's rights are at a similar level to other nations at a similar income level, though serious problems remain. Most rights for its fifty-five ethnic groups (about 8-9 percent of the population) are reasonably protected. Accusations of cultural genocide in Tibet are overstated.
Civil and political rights are another matter. On "physical integrity rights," Peerenboom disputes China's low ranking on Amnesty International's Political Terror Scale, a rank signifying that "murders, disappearances, and torture are a common part of life." China's critics, he says, seize unfairly on dramatic stories about torture of Falun Gong adherents or police brutality. He accepts government statistics on rates of police torture and asserts there are few "extra-judicial killings," though he does acknowledge that China is ranked in the bottom 10 percent of Asian countries on civil and political rights and deservedly so.
On political rights—freedom of speech, freedom of thought, freedom of assembly—the government takes a harder line. Here social stability is its touchstone. The Communist Party will brook no rivals. That includes religion, because of a "long history of religious movements toppling dynasties in the past." The Propaganda Department and State Security Ministry control tightly discussion of politically sensitive topics. Domestic debate and overseas news daren't touch Tiananmen Square, Falun Gong, attacks on the Party, Taiwan, criticism of top leaders, or loose talk about democracy. Yet, says Peerenboom, while not defensible, such stifling of freedom is understandable. China has chosen "economics first," not "freedom first." If it follows the EAM trajectory, freedom will come. In any event, he protests, China is subject to a double standard on rights, unfairly criticized when other nations get handled with kid gloves.
On the third pillar of modernity, the legal system, Peerenboom is an eminent specialist and, perhaps not coincidentally, his optimism is tempered. China has come a tremendous distance since the Cultural Revolution as it pushes toward a "socialist rule of law state." But despite clear advances in the prominence, efficiency, and fairness of the legal system, "the assumption that China is moving toward a liberal democratic conception of the rule of law is unfounded," at least in the short term. Criminal law reforms, which are most salient to human rights, have largely failed. China has taken enormous strides to implant a commercial law regime. But progress is slowing as "reform fatigue" sets in with diminishing returns. A competent, strong, independent judiciary is a distant dream, and without decisive movement towards a "thick" rule of law the government's own goals won't be realized, let alone those of western optimists.
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