Nobel Peace Prize not international community voice
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Thorbjorn Jagland, Chair of the Norwegian Nobel Committee and some other Western critics, recently published articles trying to justify the Committee's decision to award this year's Nobel Peace Prize to Liu Xiaobo. However, instead of providing answers, many of their opinions provoke more questions.
The articles put forth many controversial assertions. They tried to imply that human rights are superior to sovereignty and that the international community has the right to intervene in the internal affairs of China. Yet, some assumptions that the authors called "universal" are far from universal. There is no consensus among the international community that "human rights are superior to sovereignty". States are still the fundamental elements of constituting international relations.
Sovereignty tolerates no violation. The domestic affairs of nations should not be interfered with. These are the fundamental principles of international law, as emphasized by 2005 World Summit Outcome. The Charter of the United Nations and many other UN documents affirm that sovereign states shoulder primary responsibility for protecting and promoting human rights.
Indeed, human rights can only be safeguarded when a state's independence and sovereignty are guaranteed. In this sense, the sovereignty of a state is the very foundation for its people to enjoy rights and freedom. This has been well demonstrated by the history of many African and Asian countries, including China.
The one-sided emphasis on human rights' superiority will only put peace and human rights in jeopardy. The NATO intervention in former Yugoslavia and Iraq were both conducted with the nobly declared aim of liberating the people. However, both have led to humanitarian disasters and violations of human rights on the ground.
The concept of human rights superiority becomes even more tenuous when it is always the Western powers doing the intervening, while the developing countries are the recipients of their actions. The United States' refusal to permit group visits to the Guantanamo Bay detention camp illustrates that the superiority of human rights does not apply to those who advocate it.
Thorbjorn Jagland and his colleagues spared no efforts in their attempts to promote the value of freedom of speech. But, while freedom of speech is a fundamental human right, freedom of speech does not mean one can say whatever one wants. As Charles de Montesquieu said, liberty is the right to do what the law permits, there is no absolute freedom in the world. Absolute freedom will only bring infringements on the rights of others.
The International Covenant on Civil and Political Rights emphasizes that freedom of expression carries with it special duties and responsibilities and it may therefore be subjected to certain restrictions so as to respect the rights or reputation of others, and the protection of national security, public order or public health or morals. The Covenant also clearly stipulates that propaganda for war or advocacy of national, racial or religious hatred shall be prohibited by law. The Convention on the Prevention and Punishment of the Crime of Genocide, the International Convention on the Elimination of All Forms of Racial Discrimination and other international conventions also set out restrictions on freedom of expression.
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