30 December 2009

Human rights and the legacy of imperialism

Here's a case I have mixed feelings on - the execution of Akmad Shaikh in Xinjiang yesterday is indeed a thorny problem involving international politics, social justice and the continuing fallout from the bloody legacy of imperialism in East Asia. Some background on the case may be found here: at People's Daily, Auntie Beeb and MSNBC.

On the one hand, I am - as a Christian and Friend - philosophically opposed to the death penalty in any form. The execution of a man who had a history of mental problems and whose responsibility for his actions under the law may be gravely doubted is doubly heinous on the Chinese government's part, and I deplore the cavalier attitude they displayed toward not just the man's life and dignity but also the complexity of the legal questions involved.

But speaking of complex questions, there is also the long and sordid history of western imperialism in China to contend with - and the fact that this case concerns a Briton smuggling opiates into China alone changes the flavour of the entire discussion. Note the editorial use of language in the People's Daily article as compared to MSNBC or the BBC: while we in the West are concerned with the individual human rights of the accused (and now departed), the Chinese government spoke of 'judicial independence' and interference in what it considers its 'internal affairs'. Interesting choice of words. Even more interesting when one considers the argument to the effect that '[h]ow could a criminal be exempted from the death penalty only because he was British?' (an argument made by legal professor Wang Mingliang of Fudan University).

This mode of argument is meant to evoke the historical memory of the humiliating Treaty of Nanjing, with the implication that Britain is now again trying to impose not only its legal system and values upon China but also a new form of extraterritoriality for its citizens. It is unquestionably reprehensible for the Western media to ignore the historical wrongs the nations they represent have perpetrated upon China and, in so doing, prevent any meaningful discussion of a sensitive and accountable response to the government's actions in this case. But the reaction to the Shaikh execution is merely symptomatic of a larger problem - the West's collective amnesia with regard to its imperial projects, particularly when it comes to dealing with third-world nations like China and India. I touched on one form of this amnesia / deliberate naivete previously in this post (with regard to Afghanistan, Pakistan and India). In order to build the kind of trusting, communicative relationship with China and India that we need right now, as a nation we must come to grips with the realistic argument that we are not morally superior to other nations merely by our exceptional virtue or our values, and that we cannot escape the consequences of our own history through wishful thinking.

We are still paying for the sins of our fathers; they have certainly been visited upon Akmad Shaikh, at the cost of his life.

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