By Jonathan Froehlich, CUA
A war between the U.S. and China would not be a war in the “traditional” sense. Instead of hunkering down in trenches or foxholes, “soldiers” will be hunched over computer keyboards fighting not on land or at sea, but in cyberspace or on other virtual battlefields. But make no mistake, it will be a war, and one which America could easily lose.
But this bleak future is not preordained, and its theoretical existence does not mean nothing can be done by America about the abysmal human rights situation in China. But America must proceed carefully. International diplomacy is rarely an easy task, but repairing Chino-American relations to the point where we can begin working towards improvement in the human rights arena will be particularly tedious and challenging.
According to the U.S. State Department, human rights issues in China include fear of arbitrary arrest and forced labor. When conceptualizing ways Americans can help the people of China, several problems become apparent. America will not be able to effect positive change by taking the moral high ground. Such an approach will put China on the defense and heap additional stress on the relationship between the two countries. More specifically, America is not positioned to advise China on arbitrary arrest. The litany of serious allegations against U.S. police officials, especially when dealing with African Americans, is well documented. Any attempts to advise or admonish China on the issue of arbitrary arrest would be easily dismissed by the Chinese, seriously damaging America’s credibility. America can ill afford such a backwards and potentially dangerous misstep. Arbitrary arrest may currently be a non-starter. But there are conversations to be had on forced labor.
But how? With America’s moral high horse resting comfortably in its stable, what options remain? To answer such questions, we must look to an arena in which America and China often clash – the economy. Bolstering China’s money-making power certainly has its downsides, and many U.S. government officials would balk at such a plan. Given the current division and rancor in Congress, any proposal to aid China would be the target of hostile objection and weaponized against any official who supports it. But appealing to China’s economic desires is the only way to make any strides on human rights. But let us start “small” with forced labor, characterized in part by the State Department as follows: “Labor laws in China do not allow for freedom of association…Independent unions are illegal in China.”
As far as what is being done at present, in 2022, the U.S. enacted the Uyghur Forced Labor Prevention Act (UFLPA) to “protect American investors…alerting them to the presence of Chinese and other companies complicit in gross violations of human rights in United States capital markets.” The UFLPA has the right idea in that it attempts to hit China where it hurts the most, in the wallet. But the scope of the act is too narrow. It only covers forced labor as in slave labor and does not address China’s prohibition of labor unions. Further, it is too punitive. Punishing China using tools like the UFLPA is like sending a disobedient child to time-out. The parent may feel powerful and validated in the moment, but the punishment will rarely result in lasting change. Progress of this type is only achieved when the time is taken to have a real conversation about what the problem is and how solving it benefits everyone involved. This is not to say measures like the UFLPA should be abandoned. Forced labor is an abhorrent practice which must be eradicated, and laws/regulations targeting it should be vigorously enforced. The problem is not the intent of the act, rather its effectiveness. Though the UFLPA has been on the books since 2022, we have seen little change in the Chinese government’s attitude about forced labor. We must explore other avenues of engagement.
A lecture on the sin of human rights violations will fall on deaf ears in China. Instead, the message must be this: your forced labor policies aren’t economically viable. According to Business Insider, “China’s overreliance on real estate has sent its economy tumbling toward what could be a version of the US’s 2008 financial crisis.” And per China-Briefing.com, “One of the most challenging aspects of running a factory in China is the availability of labor and the resulting increase in wages required to attract or retain workers.” If America hopes to inspire real change as far as human rights in China, the U.S. must show the Chinese government the error of its ways, not from a moral perspective, but from a practical and economic one. America must help China understand how abandoning forced labor policies and embracing unions can improve its bottom line.
According to the Brookings Institution, “unions can be good for business (and make) employees less likely to quit their jobs. A combination of better pay and benefits, more upward mobility, and the ability to exercise voice gives unionized workers reason to stay.” And, per to the U.S. Department of the Treasury, “Pro-union policy can make a real difference to middle-class households by raising their incomes…unions can help to make the economy more equitable and robust.” If America can show China that unions ease the burden of worker retention – addressing referenced factory staffing issues – and raise incomes – which would spur overall economic growth – then progress on human rights suddenly becomes possible.
It may “sting” a bit to help China grow its economy. But this approach is the lesser of many other evils. China will respond negatively to moral grandstanding by America. If the U.S. cannot find another path, human rights atrocities in China will persist and the relationship between the two nations will continue to sour, potentially with disastrous consequences. On the other hand, a reversal of China’s anti-union policies could be a win-win for both the Chinese economy and human rights proponents. If America can engage China in a practical way, progress on human rights may be within our reach.
References:
China labor shortage – HR strategies to remain a competitive employer. China Briefing News. (2023, September 4). https://www.china-briefing.com/news/china-labor-shortage-hr-strategies-to-remain-a-competitive-employer/
Fact sheet: Treasury Department releases first-of-its-kind report on benefits of unions to the U.S. economy. U.S. Department of the Treasury. (2023, August 28). https://home.treasury.gov/news/press-releases/jy1706
Molly Kinder, K. B., Kristen Broady, M. M., Molly Kinder, L. S., & Muro, M. (2022, March 9). Is your business struggling with the labor shortage? consider a union. Brookings. https://www.brookings.edu/blog/the-avenue/2021/12/14/is-your-business-struggling-with-the-labor-shortage-consider-a-union/
Mott, F. D. (2024, February 6). China is facing the US financial crisis “on steroids” as its real-estate market collapses, famed hedge-fund Boss says. Business Insider. https://www.businessinsider.com/china-economy-crash-real-estate-collapse-property-market-evergrande-bass-2024-2
U.S. Department of State. (2020, December 18). China’s disregard for Human Rights – United States Department of State. U.S. Department of State. https://2017-2021.state.gov/chinas-disregard-for-human-rights/index.html
Uyghur forced Labor Prevention Act. UFLPA | Homeland Security. (n.d.). https://www.dhs.gov/uflpa